Affidavit - Attorney General, Texas New
Content
TO:
OFFICE OF THE ATTORNEY GENERAL STATE OF TEXAS PO Box 12548 Austin, TX 78711-2548 MR. JOHN CORNYN
COPY: THE HONORABLE JANET RENO ATTORNEY GENERAL OF THE UNITED STATES DEPARTMENT OF JUSTICE 950 PENNSYLVANIA AVENUE, N.W. WASHINGTON, D.C. 20530
AFFIDAVIT
I Michael (Mihail) Kapoustin, Canadian citizen, with passport No BC 015271, issued Aug. 8th, 1995 in Amman, Jordan and a resident of the United States of America at 333 Tonti Street, South Bend, Indiana, 46617 and having had a place of business at Austin, Texas during the period in question DO MAKE OATH AND SAY UPON MY BEST INFORMATION AND BELIEF AS FOLLOWS TO THE ATTORNEY GENERAL: A. Allegations 1. I allege the following violations of law upon my personal knowledge as to myself and my acts and as to all others upon best information and belief based upon, inter alia, the investigation made by me and attorneys to me, such acts including a review of court records and filings in various jurisdiction, published reports and news articles; 2. That the violations of law alleged herein were committed during the years of 1995, 1996 and 1997 with criminal intent, aforethought and malice against citizens of the United States of America. The acts alleged form a part of a larger factual matrix establishing that officials, agencies and instrumentalities of the Republic of Bulgaria had contrived and did implement a scheme to cause injury, suffering and death as a part of a regular and broader pattern of discrimination and a more onerous political agenda; 3. The acts, as alleged by me, to my best information and upon the evidence available to me, have violated the civil liberties and rights of HIV/AIDS positive citizens of the United States and are the direct or indirect cause leading to the suffering, pain, injury and death of the 145 residents of Austin, Texas as known to me and whose names and last known addresses are attached hereto and marked as Exhibit “A” being made a part hereof; 1
4. That the “accidental”, “negligent” or “purposeful” infection of 393 Libyan children with HIV by Bulgarian medical workers in Benghazi, Libya, forms a part of the factual matrix of the discrimination and agenda of the Republic of Bulgaria as alleged; 5. That upon the available subjective and objective facts, circumstances and events, the merits of which are the substantive cause of this complaint, I do verily believe, upon said same and in good conscience, that it can be proven, that officials, agencies and instrumentalities of the Republic of Bulgaria acted in concert and with scienter to inflict upon HIV/AIDS positive citizens of the United States of America the alleged herein suffering, pain, injury and death and did so on account of the nationality and sexual association of the victims named herein and as a part of a larger and poorly conceived scheme contrived by agencies and instrumentalities of the Government of the Republic of Bulgaria to attempt to develop, control and use as a political and social weapon and for financial gain, the virus that causes AIDS; 6. That I have been unlawfully placed by the Republic of Bulgaria under remand at the Central Prison, Sofia, Bulgaria for four years and six months to, in part, prevent my discovery and disclosure of the facts and violations of law I have alleged herein to be crimes effected against citizens of the United States of America and to discredit me and insure my silence whilst obstructing any action against those officials responsible and in political power during the incriminated period. Any delay in the bringing of this complaint and the disclosures of the alleged violations herein is a direct consequence of such obstruction by those responsible and threats to my life and well being as well as that of my family in the United States and Canada. B. Jurisdiction 7. I assert the acts alleged are violations of federal criminal code of the United States of America and the criminal code of the State of Texas. The violations of law as alleged are not only criminally prosecutable but civilly actionable by the Attorney General against the Republic of Bulgaria under the Foreign Sovereign Immunities Act of 1976, Pub. L. 94-583, 90 Stat. 2891, 28 U.S.C. Sec. 1330, 1332 (a), 1391 (f) and 1601 – 1611 and can be brought under the instance according to 28 U.S.C. 1605 (a) (5) or 1605 (a) (7) with a possible second cause of action under 28 U.S.C. 1605 (a) (2) and 1605 (a) (3) (see below para 11). 8. I assert that the liability for the acts I have alleged falls squarely upon the Republic of Bulgaria and I cite the majority decision of the European Court of Human Rights: Ireland v. the United Kingdom, Case 5310/71, Judgement 18 January, 1978, Series A, No 25, p. 57 para 159: “ It is inconceivable that the higher authorities of a state should be or at least should be entitled to be, unaware of the existence of such a practice. Furthermore, under the Convention those authorities are strictly liable for the conduct of their subordinates; they are under a duty to impose their will on subordinates and cannot shelter behind their inability to ensure that it is respected.” 2
C. Facts 9. I am co-author of a biological immunotherapeutic substance for the treatment of AIDS and cancer patented by me and Dr. Bogdan Nikolov Petrounov, Dr. Plamen Hristov Nenkov, Dr. Rahamin Daniel Shekerjyiski and Dr. Jordan Lyubenov Tzvetanov as “Factor – R” on October 10th, 1993 under the laws of the Republic of Bulgaria. 10. That clinical results of two years yielded objective and subjective results of improved health and immunological parameters in 75% of the HIV/AIDS patients under treatment in Austin, Texas, Canada, the Republic of Bulgaria and elsewhere from 1993 up to late 1995. Peer review of these results by the National Institute of Health, Bethesda, Maryland, USA, on or about July 1995, provided observable improved health and quality of life in those treated. Issues of viral load and active agents within the compound “Factor – R” were to be a part of later clinical considerations required to obtain conclusive results. 11. That I and principles of LifeChoice Inc., a United States corporation registered in the State of Utah, did order and pay, in full, for the production of an additional 5,000 units (one unit = 60 tablets) of Factor – R from the manufacturing facilities of the National Centre for Infectious Diseases of Sofia, Bulgaria, an instrumentality of the Republic of Bulgaria. 12. The aforesaid units of medicine were fully paid for and were designated in whole as the property of those HIV/AIDS patients listed in Exhibit A, being United States citizens. 13. The Unites States residents participating in and receiving treatment were out patients in clinical trials supervised by the National Centre of Infectious Diseases, 26, Yanko Sakazov St., 1504 Sofia, Bulgaria as approved by the Ministry of Health, Republic of Bulgaria and as financed and underwritten by myself and other residents and citizens of the United States. 14. On or about March of 1995 the newly appointed Minister of Health Mimmi Vitkova ordered, without legal cause or occasion, that all contracts, co-operation and contacts with the Affidant, the HIV/AIDS patients in the United States and companies or associations related to them be terminated. 15. A part of the contracts so terminated and assets so seized by the agencies and instrumentalities of the Republic of Bulgaria included, significantly, the ending of production and delivery of Factor – R for citizens and companies of the United States. On or about August or September of 1995 all inventories of Factor – R and AZT owned by and destined for HIV/AIDS patients in the United States were unlawfully withheld or later seized against the rules of international law by agencies and instrumentalities of the Republic of Bulgaria. 16. The Affidant and licensed United States Corporation, LifeChoice Inc., were unable to continue delivery of the treatment(s) the victims as cited herein relied upon and from which others of the same class might have benefited. 17. Prior to the exhaustion of existing inventories of “Factor – R” in possession I and others close to me pleaded the release of this unlawfully seized property on account of the known 3
dependence of HIV/AIDS patients in the United States in using “Factor – R” to maintain the observed benefits of reduced frequency and severity of AIDS related infections. 18. It was known or should have been known to agencies and instrumentalities of the Republic of Bulgaria that their action did deny property to its rightful owner and the medical care upon which that owner did depend. The Republic of Bulgaria knew or should have known that the consequences of these acts by its agencies and instrumentalities would inflict needless pain and early death upon citizens of the United States and others. 19. On all occasions the Republic of Bulgaria ignored or refused all pleas on humanitarian and lawful grounds and I do verily believe upon my best information that such occasions evidence an intent and purpose to inflict the injuries alleged herein. 20. The Republic of Bulgaria refuses to act due to the immunity of those responsible. The aforesaid is sworn and attested to under penalty of perjury according to the laws of the United States of America.
December 11th, 2000
_____________________________ Michael Kapoustin 13 division Sofia Central Prison 21, "Stoletov" St. 1309, Sofia, Bulgaria
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OFFICE OF THE ATTORNEY GENERAL STATE OF TEXAS PO Box 12548 Austin, TX 78711-2548 MR. JOHN CORNYN
COPY: THE HONORABLE JANET RENO ATTORNEY GENERAL OF THE UNITED STATES DEPARTMENT OF JUSTICE 950 PENNSYLVANIA AVENUE, N.W. WASHINGTON, D.C. 20530
AFFIDAVIT
I Michael (Mihail) Kapoustin, Canadian citizen, with passport No BC 015271, issued Aug. 8th, 1995 in Amman, Jordan and a resident of the United States of America at 333 Tonti Street, South Bend, Indiana, 46617 and having had a place of business at Austin, Texas during the period in question DO MAKE OATH AND SAY UPON MY BEST INFORMATION AND BELIEF AS FOLLOWS TO THE ATTORNEY GENERAL: A. Allegations 1. I allege the following violations of law upon my personal knowledge as to myself and my acts and as to all others upon best information and belief based upon, inter alia, the investigation made by me and attorneys to me, such acts including a review of court records and filings in various jurisdiction, published reports and news articles; 2. That the violations of law alleged herein were committed during the years of 1995, 1996 and 1997 with criminal intent, aforethought and malice against citizens of the United States of America. The acts alleged form a part of a larger factual matrix establishing that officials, agencies and instrumentalities of the Republic of Bulgaria had contrived and did implement a scheme to cause injury, suffering and death as a part of a regular and broader pattern of discrimination and a more onerous political agenda; 3. The acts, as alleged by me, to my best information and upon the evidence available to me, have violated the civil liberties and rights of HIV/AIDS positive citizens of the United States and are the direct or indirect cause leading to the suffering, pain, injury and death of the 145 residents of Austin, Texas as known to me and whose names and last known addresses are attached hereto and marked as Exhibit “A” being made a part hereof; 1
4. That the “accidental”, “negligent” or “purposeful” infection of 393 Libyan children with HIV by Bulgarian medical workers in Benghazi, Libya, forms a part of the factual matrix of the discrimination and agenda of the Republic of Bulgaria as alleged; 5. That upon the available subjective and objective facts, circumstances and events, the merits of which are the substantive cause of this complaint, I do verily believe, upon said same and in good conscience, that it can be proven, that officials, agencies and instrumentalities of the Republic of Bulgaria acted in concert and with scienter to inflict upon HIV/AIDS positive citizens of the United States of America the alleged herein suffering, pain, injury and death and did so on account of the nationality and sexual association of the victims named herein and as a part of a larger and poorly conceived scheme contrived by agencies and instrumentalities of the Government of the Republic of Bulgaria to attempt to develop, control and use as a political and social weapon and for financial gain, the virus that causes AIDS; 6. That I have been unlawfully placed by the Republic of Bulgaria under remand at the Central Prison, Sofia, Bulgaria for four years and six months to, in part, prevent my discovery and disclosure of the facts and violations of law I have alleged herein to be crimes effected against citizens of the United States of America and to discredit me and insure my silence whilst obstructing any action against those officials responsible and in political power during the incriminated period. Any delay in the bringing of this complaint and the disclosures of the alleged violations herein is a direct consequence of such obstruction by those responsible and threats to my life and well being as well as that of my family in the United States and Canada. B. Jurisdiction 7. I assert the acts alleged are violations of federal criminal code of the United States of America and the criminal code of the State of Texas. The violations of law as alleged are not only criminally prosecutable but civilly actionable by the Attorney General against the Republic of Bulgaria under the Foreign Sovereign Immunities Act of 1976, Pub. L. 94-583, 90 Stat. 2891, 28 U.S.C. Sec. 1330, 1332 (a), 1391 (f) and 1601 – 1611 and can be brought under the instance according to 28 U.S.C. 1605 (a) (5) or 1605 (a) (7) with a possible second cause of action under 28 U.S.C. 1605 (a) (2) and 1605 (a) (3) (see below para 11). 8. I assert that the liability for the acts I have alleged falls squarely upon the Republic of Bulgaria and I cite the majority decision of the European Court of Human Rights: Ireland v. the United Kingdom, Case 5310/71, Judgement 18 January, 1978, Series A, No 25, p. 57 para 159: “ It is inconceivable that the higher authorities of a state should be or at least should be entitled to be, unaware of the existence of such a practice. Furthermore, under the Convention those authorities are strictly liable for the conduct of their subordinates; they are under a duty to impose their will on subordinates and cannot shelter behind their inability to ensure that it is respected.” 2
C. Facts 9. I am co-author of a biological immunotherapeutic substance for the treatment of AIDS and cancer patented by me and Dr. Bogdan Nikolov Petrounov, Dr. Plamen Hristov Nenkov, Dr. Rahamin Daniel Shekerjyiski and Dr. Jordan Lyubenov Tzvetanov as “Factor – R” on October 10th, 1993 under the laws of the Republic of Bulgaria. 10. That clinical results of two years yielded objective and subjective results of improved health and immunological parameters in 75% of the HIV/AIDS patients under treatment in Austin, Texas, Canada, the Republic of Bulgaria and elsewhere from 1993 up to late 1995. Peer review of these results by the National Institute of Health, Bethesda, Maryland, USA, on or about July 1995, provided observable improved health and quality of life in those treated. Issues of viral load and active agents within the compound “Factor – R” were to be a part of later clinical considerations required to obtain conclusive results. 11. That I and principles of LifeChoice Inc., a United States corporation registered in the State of Utah, did order and pay, in full, for the production of an additional 5,000 units (one unit = 60 tablets) of Factor – R from the manufacturing facilities of the National Centre for Infectious Diseases of Sofia, Bulgaria, an instrumentality of the Republic of Bulgaria. 12. The aforesaid units of medicine were fully paid for and were designated in whole as the property of those HIV/AIDS patients listed in Exhibit A, being United States citizens. 13. The Unites States residents participating in and receiving treatment were out patients in clinical trials supervised by the National Centre of Infectious Diseases, 26, Yanko Sakazov St., 1504 Sofia, Bulgaria as approved by the Ministry of Health, Republic of Bulgaria and as financed and underwritten by myself and other residents and citizens of the United States. 14. On or about March of 1995 the newly appointed Minister of Health Mimmi Vitkova ordered, without legal cause or occasion, that all contracts, co-operation and contacts with the Affidant, the HIV/AIDS patients in the United States and companies or associations related to them be terminated. 15. A part of the contracts so terminated and assets so seized by the agencies and instrumentalities of the Republic of Bulgaria included, significantly, the ending of production and delivery of Factor – R for citizens and companies of the United States. On or about August or September of 1995 all inventories of Factor – R and AZT owned by and destined for HIV/AIDS patients in the United States were unlawfully withheld or later seized against the rules of international law by agencies and instrumentalities of the Republic of Bulgaria. 16. The Affidant and licensed United States Corporation, LifeChoice Inc., were unable to continue delivery of the treatment(s) the victims as cited herein relied upon and from which others of the same class might have benefited. 17. Prior to the exhaustion of existing inventories of “Factor – R” in possession I and others close to me pleaded the release of this unlawfully seized property on account of the known 3
dependence of HIV/AIDS patients in the United States in using “Factor – R” to maintain the observed benefits of reduced frequency and severity of AIDS related infections. 18. It was known or should have been known to agencies and instrumentalities of the Republic of Bulgaria that their action did deny property to its rightful owner and the medical care upon which that owner did depend. The Republic of Bulgaria knew or should have known that the consequences of these acts by its agencies and instrumentalities would inflict needless pain and early death upon citizens of the United States and others. 19. On all occasions the Republic of Bulgaria ignored or refused all pleas on humanitarian and lawful grounds and I do verily believe upon my best information that such occasions evidence an intent and purpose to inflict the injuries alleged herein. 20. The Republic of Bulgaria refuses to act due to the immunity of those responsible. The aforesaid is sworn and attested to under penalty of perjury according to the laws of the United States of America.
December 11th, 2000
_____________________________ Michael Kapoustin 13 division Sofia Central Prison 21, "Stoletov" St. 1309, Sofia, Bulgaria
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