We got this note today from some new guy with the Embassy in Moscow. To date, no government agency has done squat to help us - so I am more than a little skeptical about this guy.
Below is his note to me - and my reply...happy reading!
________________________________________
From: Moscow Consular, Russian Adoptions
Sent: Thursday, September 20, 2007 8:02 AM
To: kathy@mmprod.com
Subject: FW: Request for information - Irkutsk adoptions
Greetings,
This July I took over as the Chief of the Immigrant Visa Unit at the United States Embassy in Moscow, and I am writing to update you on the Embassy's ongoing efforts to resolve the continuing problems with international adoptions in the Irkutsk region. A few days ago the Ambassador raised this issue in a meeting with Russia's Ombudsman for Human Rights, former Russian Ambassador to the United States Vladimir Lukin. At Ambassador Lukin’s invitation, we intend to follow up with his office to review cases pending in the Irkutsk region to assess how best they might be resolved.
This past summer, the Embassy sent out a request for information to families who have been trying unsuccessfully to adopt in the Irkutsk region, and the information we obtained from those who chose to respond to this request will be extremely helpful as we engage with the Office of the Human Rights Ombudsman. If you have not responded to our earlier request for details about your case, and if you wish the Embassy to raise your case with the Office of the Human Rights Ombudsman, I would invite you to respond to the questions below with any information you may have to offer. Please respond as soon as possible if you wish us to raise your specific case. Details regarding any specific problems or objections given by the court for not accepting your dossier or not providing you with a hearing date would be especially useful.
If have new information to report, we would appreciate updates. If you do not wish us to raise your case in our ongoing dialogues with Russian authorities, please let me know that as well.
I want to assure you that we will continue to raise the problem of American adoptions in the Irkutsk region (and elsewhere) with the appropriate Russian authorities, as we advocate for a fair, transparent legal and regulatory framework for international adoptions in Russia.
Sincerely,
Mark Seibel
Chief, Immigrant Visa Unit
Embassy of the United States
Moscow
Questions:
1) Name of adoption agency (in US and in Russia, if different)
2) Name of Russian adoption agency representative and contact information
3) Yes / No, Was your adoption agency accredited at the time you submitted your application to the court in Irkutsk?
4) Date you submitted your application to the Irkutsk court
5) Docket or case number given to you by the court (or confirmation the application was filed)
6) Explanation the court gave you as to why your case would not be considered
7) If the court had any procedural complaints, were these addressed?
Please feel free to add any further details which may be relevant to identifying the reason that your case was halted by the court. If the court provided any written refusal to you, please provide the substance of that refusal, or even better, a scanned copy of the document.
_________________
Hello Mr. Seibel,
Let me start this note by saying that I think, after 3 years, I have become an expert on adoptions from Irkutsk, and am an expert on being a pre-adoptive-parent.
I am sure prior to you taking over this position, you were given background on the situation in Irkutsk. Allow me to share my experiences with your agency / office.
I have provided information to your office SEVERAL times in the past. I have filled out your forms, and answered your questions. I have spoke on the phone with people in your office. Nothing has ever happened. 2 years ago, we received a letter from the State Department saying that (basically) they are sorry for our frustration, however are choosing not to do anything to help.
We were told (over a year ago) that the Embassy was “looking into the matter”. Looking into a matter and taking bold action are very different things. Bold action is what is required in Irkutsk. Interested onlookers are not helpful; on the contrary, they are bothersome. Unless there is a solid plan to deal directly with the authorities in Irkutsk (the Chief Judge and Governor’s office), and force the courts to adhere to their own law, I politely suggest you remove this project from your desk.
It is cruel and unfair to continue to give American families false hope by saying that you are looking into a matter. As one of the families who have been waiting the longest, and one of the families who were to get a court date the summer Nina Hilt was murdered (2005) – I am tired of empty promises. I am tired of inaction, and I am tired government bureaucracy. The only thing I am interested in is real, solid, swift action to bring my daughter home.
The problem with the ‘plan’ your office has in place is that most American families have not submitted documents to the Judge in Irkutsk. There are very few (2 or 3) American families who have presented their documents to the courts in Irkutsk over the past 2 years. Our dossier was presented in 2006, and again 10 days ago.
I have been diligent about making contacts in Moscow and Irkutsk to keep our adoption moving forward. We just returned from a trip to Irkutsk. We were granted a meeting with the Chief Judge in Irkutsk regarding our case (very unusual for an American family). The Chief Judge accepted our documents, and passed them along to Judge Stepanova (the Judge who is ‘in charge’ of adoption cases). Judge Stepanova issued a legal statement regarding our documents, detailing changes. This is the same thing that happened when we presented our documents a year ago.
The changes the Judge has asked for include some things that do not represent the law (in Russia, or in the United States). Examples include:
1. The way the documents are apostilled. The apostille on all of our 125 documents adheres to every standard and guideline specified by the Hague. The Judge doesn’t like the way it is done. She cites that other countries use a ribbon (for example) to tie all of the documents together. She also cites that the border (box) around the information on the piece of paper that is the apostille isn’t a perfect square (I think the dimensions are 10cm x 10.12cm – something insignificant). Our lawyer in Irkutsk is going to fight this, however, the ultimate ruling is up to Judge Stepanova.
2. She also cited in the legal statement a Russian law that deals with adoption agencies that work in Russia. This law deals with the way the office is to be set up within the Russian Federation. Bottom line – this has nothing to do with us, our case, or our documents. I am not sure why this is even a part of our legal statement. Of course, our lawyer is going to fight this, and ask the Judge to completely remove it from the statement.
3. The statement also make mention that we are independent. It does not say that she will refuse our case because of this, it is just a comment made in the legal statement. I should also preface this by saying that the Judge continues to hear many French cases – all have been successful in court. All are independent.
4. In the past, the Judge in Irkutsk has accepted documents, with the condition that the family obtains a medical exam prior to court. The medical exam (by 8 doctors) needs to be done at a state clinic. The ONLY clinic that is a state institution, that houses each of the specialists is in Moscow. Judge Stepanova is requiring this medical exam before she accepts documents. The medical exam is only valid for 60 days (might be 90) – and the Judge will not offer a court date within that time, so the document expires. When the document expires, the Judge will refuse the documents because of an expired medical exam. This is what has happened to us. Essentially, what this means is thousands upon thousands of money spent unnecessarily by American families. It is a never ending battle that could go on forever.
I am interested specifically in what your office will be doing, other than gathering the same information that has been provided to you time and time again. Quite honestly sir, I am so fed up with the lack of support and help by my own government I could scream. To this point, everything has been a lot of talk, and no action. I refuse to allow our little girl to be a political pawn. I will not stand by and 'wait' for you to gather more information. I won't sit back and be patient and wait to see what happens. I do not trust that anyone or any agency will do anything to help us get a court date in Irkutsk, and bring our little girl home.
It will be interesting to see what you DO.
Sincerely,
Kathy Friend
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