Friday, October 19, 2007

more bla bla from Embassy

We FINALLY got a note from MArk Seibel - the man from the Embassy who I spoke with. Here is what he said:


Dear Mrs. Friend:

The Consul General's letter regarding his trip to Irkutsk was intended to provide an overview and general assessment of the trip for all of the families with pending adoption cases in the region. I do want to assure you that information about the specific problems you have encountered was provided to the regional court, as well as the Prosecutor’s and the human rights offices for the Irkutsk region. This includes the problems you noted regarding apostilles and medical examination requirements. We also specifically underscored the problem of allowing independent adoptions in our follow-up correspondence to the court, and pointed out that the regional court's position on this issue differs from that of judges in other regions in the Russian Federation.


In your case, we understand that there is no need for you to request refusal documentation from the court, as your attorney already has correspondence from the court. While I cannot give legal advise, I would offer a couple of ideas based on the advice given to the Consul General by the Prosecutor’s office and the regional human rights representative. You could run these ideas by your attorney to see if she thinks they are worth pursuing. As noted in the Consul General's letter, the chairman of the court said that all persons have a right to appeal to him if their dossier is rejected for any reason. In your case, the judge seems to be stalling you with perpetual demands for additional documentation, which constitute at least an interim rejection of your dossier. It seems to me that your attorney might be able to appeal that decision to the chairman of the court. I would be happy to provide you with a document from the Hague working group on apostilles that may help make the case that the judge's rejection of those documents was not proper (the same document we provided under cover of our diplomatic note). If the chairman of the court were to reject an appeal, you would at that point have the right to bring the matter up as a complaint to the human rights office in Irkutsk or to the office of the Ombudsman for Human Rights in Moscow. Such a course of action could raise the profile of your case and bring the judge's actions under the scrutiny of others. We would also be happy to speak to your attorney if she wishes to call us, or to correspond with her, to explore ways in which we might be of assistance.

Best regards,

Mark Seibel


So - what does this mean? Your guesses are as good as mine! I'm open to intrepertation!

1 comment:

Anonymous said...

that is SO crazy!