EXHIBIT 9 It was clearly explained to the court that my suit against the post office was brought because the post office did not fulfill its obligation with regard to the delivery of my letters to the addressees, and not because the post office is guilty of the loss of the letters. However, contrary to the law, my suit was rejected. As grounds for this rejection the Peoples Court and the Supreme Court of the GSSR found "absence of any proof that the letters were lost by fault of the post office." Additional motives for the rejection "because of the lateness of the lawsuit" only stress the arbitrariness of the courts, because the submitted documents prove that my numerous appeals to the court were brought in time. Thus it is highly regrettable that the Proculator's Office of the GSSR rejected my quest of protest, grounding the rejection on the two above reasons/ The Procurators Office of the GSSR simply repeated the illiterate court's decision. The present petition relates to the decision of the Peoples Court of Oktiabrskii Borough, #2-301, dated June 11, 1974, and the decision of the Supreme Court of the GSSR, #1442, dated July 11, 1974. I find it necessary to mention that as a result of my petition dated April 5, 1974, Judge Bostoganashvili requested from the Tbilpochtamt its correspondence with the International Post Office in Moscow regarding the search for my letters. The post office did not present this correspondence to the court. Was not the reason for not presenting this correspondence to the court and informing me of it, because this correspondence witnesses the breach of law by the post office and possibly by other Soviet organizations? I remind you that according to paragraph 4 of the International Postal Convention, "Any postal material belongs to the sender up to the moment of delivery to the addressee, except for the possibility of legal confiscation by the state of the addressee." The courts and the Procurator's Office of the GSSR are unanimous in their opinion that up to the present day it is impossible to establish whether or not my letters were lost and, if so, whose fault it is. These written statements of the courts and Procurator's Office witness brilliantly in my favor, because they substantiate the fact that the post office did not fulfill its obligation. The post office received from me payments for which it was obligated: (1)To inform me in the appropriate time of delivery of the letters to the addressee3; (2)To inform me in the appropriate time that the letters were held up by the recipient state; (3)To indemnify me in the amount of 30 golden francs or 11 roubles 76 kopecks for each letter according to the Circular Letter of the Ministry of Communications of the USSR, UPS-89, dated June 14, 1971. There is no doubt that my letters were not held up by the recipient states because I didn't send any pornographic or any other illegal material. I am confident that the gross violation of the law committed by the Tbilpochtamt and supported by the courts of various levels and by the Procurator's Office of the GSSR, are links in the chain of persecution which my family is exposed to as a result of our appeal in December, 1971, to emigrate to Israel. Will there be added, "postal cases", to the refusal to grant us exit visas, to the disconnection of my telephone for several months, the illegal holding up and enforcement of my return to Tbilisi as a reaction to my wish to change my place of residence, and to search and arrest in 1972? Let World public opinion judge it. In accordance with established form, I ask you, Mr. Procurator of the GSSR, to declare your protest against the decision of the Peoples Court of Oktiabrskii Borough, #2/301, dated June 11, 1974, and against the decision of the collegium of the Supreme Court EXHIBIT 9 of the GSSR, #1442, dated July 11, 1974, and to send this case for new revision. Please reply in Russian language, signed by you. Senior Research Associate Candidate of Technical Sciences (Signed) I.A. Goldshtein EXHIBIT 10 Reply from Procurators Office of the GSSR August 15, 1974 To Goldshtein, Isai Abramovich ul. Paliashvili 64, kv. 8, City of Tbilisi Inform you that your petition concerning the case against the Tbilpochtamt about indemnification of 486 roubles 40 kopecks has been checked and found unsatisfactory for the following reasons. The check established that the fault of the defendant was not established. You did not present documents which prove whose fault it was in losing the letters. Under such circumstances the decision of the Peoples Court, Oktiabrskii Borough, City of Tbilisi, of June 11, 1974, and the opinion of the collegium on civil cases of the Supreme Court of the GSSR, dated July 11, 1974, which refused you in your suit, is accepted by us as right and there is no ground for voicing additional protest. We return your documents. Senior Judicial Advisor Shushanashvili April 7th, 75 #55 EXHIBIT 11 just came after the failure of the P. case #4. So, the fact is proved that Law is one thing and the life practice is another thing I refuse send reg. letters in future- there is no difference-they do what they want For example, among previous +1 = #54 at least, #8, #37, #38 are "lost" but those who are guilty are free for paying penalty All future scheduled lettere (each week one) will be unreg to the most of other friends we will mail post cards - now table is a lot of letters to be answered We ack friends not to be offended if sometimes not receiving a personal reply. Every received by us letter is (and will be) mentioned to somebody. You, dear Laurel, are asked now to inform PearlMonroe Millman, 853 South Die Sour Rd, L. Angeles, Calif 90035 that their letter of Mard 12 arrived Thanks from Coldsteins for the offer "to help in any way". We don't know the way on my Two letters from Rachel Bushov are also here. One-bg. Passover greetings, other-unreg + a page from newsweek 22 EXHIBIT 11 -2 I think to manage to send today a post card to Radd All of us feel O.K Here is hot weather quite, Violations of the Soviet laws committed by Soviet institutions Since the 1972 until December 1976 we had sent to various countries hundreds of registered letters (for which receipts certifying receival ould have been received). The majority of them was not delivered to the addressees and during the interrogations in the Investigation Department the KGB of the Georgian SSR in April 1973 the investigator Kvasheli had showed us our letters that were not delivered but refused to tell us how got them. : Since April 1975 and until the present time, February 1977, none of <r letters sent to addresses overseas of all the hundreds that we sent were delivered, same we had not received thousands of letters sent to us from overseas (Western tourists informed us about the fact of their sending). The following excerpts from our statements and complaints to legal Puthorities and Procurator's Offices at various levels, as well as the ¿swers of these authorities, clearly demonstrate the grave violations of the law and the cynical bureaucracy of the Soviet "Themis" in regards to te rights of the "refusedniks" to correspond with their friends overseas and to receive compensation for registered letters that were not delivered 1 the addressees. From the statement by the Goldshteins (reg. No. 964 of the 4.2.1974) 1 the Civil Action Section of the Supreme Court of the Georgian SSR: the respondent (the Main Post Office of Tbilisi) states that it shall bmit to the hearing documents in the quantity of 21 copies that confirm Liat the letters sent by us overseas "had left the boundaries of Georgia" from which it follows that it, the respondent, "is not obliged to pay us or the value of these letters". The Director of the Main Post Office of Tbilisi should know that according to the postal regulations of the USER ad the regulations on material responsibility for lost postal items, the postal services of various cities, republics and states must clarify ong themselves who is responsible for the loss of the postal item, as . |