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C1b Aff16. Part I for Time

C1b Aff16. Part I for Time

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Published by: Michael on Aug 29, 2009
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11/14/2009

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Court of Appeal File No.___________Court of Appeal Registry VancouverSupreme Court File NO. S004040Supreme Court Registry Vancouver
 Affidavit No. 15Michael Kapoustin
In the British Columbia of Appeal Court(The Supreme Court of British Columbia)
Between
MICHAEL KAPOUSTIN et al
Appellants(Plaintiffs)And
REPUBLIC OF BULGARIA et al
Respondents(Defendants)AndCourt of Appeal File No.___________Court of Appeal Registry VancouverSupreme Court File NO. S005440Supreme Court Registry Vancouver
 
In the British Columbia of Appeal Court(The Supreme Court of British Columbia)
Between
Michael Kapoustin and LifeChoice International A.D. et al,andother similarly situated
Appellants(Plaintiffs)And
REPUBLIC OF BULGARIA et al
Respondents(Defendants)
AFFIDAVIT
I, Michael Kapoustin, my current mailing address in c/o 298 South Beach Drive, Penticton, British ColumbiaV2A 3W3 Canada my present address and address for service is currently, as an inmate c/o the Ministry of Justice Republic of Bulgaria to the Sofia Central Prison, 21, "Stoletov" St., 1309 Sofia, Republic of Bulgaria, IMAKE OATH UNDER THE LAWS OF BRITISH COLUMBIA AND SAY AS FOLLOWS:
 
Part I.
Generally
1.I am the Applicant herein.2.I make this Affidavit in support of my application for an Order to extend the time to file andserve notice of application for leave to appeal.3.I have no reason to believe that the respondents/defendants in either of the two above captionsactions will in anyway be disadvantaged, and know it to be true that theRespondent/Defendant Government of the Republic of Bulgaria [as it then was prior toAugust 2001] is, by its very conduct, the principal cause of my need to extend the time and tomake appeal to this Court. The reasons are as follows.4.I am a Canadian citizen who under pre-trial arrest since 7 February, 1996 in a penitentiaryfacility of the Defendant Republic of Bulgaria. This 6 year detention as imposed by theDefendant is without benefit of final sentence or speedy trial standards recognised byinternational law as to what may be deemed reasonable, it is therefore unreasonable as has been the conduct of the Defendant in these proceedings. I make averment to this fact sincemy detention and the conditions of that detention are material to my need for and doesdirectly influence the extension of time required from Court of Appeal.5.It is a fact, ascertainable from third party observers and their affidavits given in evidencein these proceedings and from the written declaration of the Minister of Justice of theDefendant, Mr. Dimitar Tonchev [as he then was], that I am individually and speciallyhindered by officials of the Defendant Government of Bulgaria, agencies or instrumentalities, in my efforts in the timely preparation and filing of motions, requests or  pleadings generally when I attempt to do so through the only agency available to me, thatof my translator Ms. Marianna Radoulova. These obstructions are, according to foresaidwritten declaration of the Defendant deputy Minister of Justice, the consequence of a practice that may be summarised as follow; that once the accused or defendant in a penal proceeding is incarcerated to await trail he or she is, as a result, has no or only verylimited fundamental and civil rights in the pursuit of their right to access international justice.6.The foresaid reasoning of the Defendant, to deny fundamental civil rights to incarcerated persons and its conduct, makes difficult, if not impossible, for me to comply with the procedural requirements of this Honourable Court in the regular way and within the timenormally fixed by the rules. I am further unable to file by regular the means or be providedservice pursuant to any method other than in that prescribed by the statute to be found inthe Hague Convention on the foreign service of documents, including diplomatic channelsof Canada's Ministry of Foreign Affairs. The regular methods are closed to me. Onaccount of which I plead for this extension.7.While it is immaterial to my request to the Court of Appeal, it should still be mentioned asan extenuating circumstance, that when attempting to secure my rights as guaranteed byinternational and Canadian law [and in principle, not practice, Bulgarian ConstitutionalLaw] I have been at different times, in the worst case placed in isolation and beaten byofficials of the Defendant as documented in news reports, and in the least invasiveinstances had my gains in fundamental human and civil rights removed. As a result I existin a constant state of anxiety and fear as I seek to exercise my legal rights as a Canadiancitizen before Canada's courts.8.After having said the foregoing I do wish to provide to my statement one caveat. There areindividual officials in administrative and political positions within the Defendant Governmentof Bulgaria whose concerns on issues of fundamental human and civil rights are equal tothose of my own. It is only, as a result of their help and the intervention of the Government of 

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