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Two Jurists Decry Capricious Decisios by USSR Concerning the Rights of Jews and Urge Firm U.S. Actio

April 24, 1981
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— Two eminent Chicago jurist who recently returned from the Soviet Union decried "capricious decisions" regarding the rights of Jews there and urged firm U.S. action to improve the situation.

U.S. District Court Judge George Leighton and attorney Elmer Gertz formed their opinions after meeting more than 20 leading Soviet Jewish activitists and refuseniks during a two-week visit to the USSR made on behalf of the National Lawyers Committee for Soviet Jewry.

The experts in U.S. civil rights law, described several instances of the "random nature of decisions" in the USSR at a press conference at the Jewish Federation building.

EXAMPLES OF INCONSISTENCY

The first occurred on their arrival in Moscow, Gertz was allowed to enter the country carrying documents but copies of these documents were branded "anti-Soviet propaganda" when they were found in Leighton’s possession and were summarily confiscated.

Another example of inconsistency was the granting of permission to emigrate to one Soviet family despite a member’s involvement in the highly classified Soviet space program. The release of the Khess family (after Grigori Khess had been imprisoned without charge for nine months) provided a drastic contrast to the experience of Col. Lev Ovischer, a Soviet World War II hero who for more than 10 years has been denied permission to rejoin his daughter in Israel, although he has not been involved in any classified programs.

Gertz pointed out that while the USSR claims it allows Jews to emigrate for purposes of family reunion, "that rule is always violated." Neither Leighton nor Gertz could explain the reason for such inconsistencies in granting exit visas. However, it was noted that Sen. Charles Percy (R.III.) had written to Soviet President Leonid Brezhnev on behalf of the Khess family.

Gertz suggested that such apparent policy contradictions were characteristic of an unsettled Soviet attitude toward the U.S. that was based, in part, on an ignorance of world events.

MORE AFFIRMATIVE ACTION URGED

Both Leighton and Gertz agreed that their visit did much to buoy the spirits of refuseniks. Leighton, however, felt that more should be done. He is drafting a report to the National Conference on Soviet Jewry suggesting that they study ways of exerting affirmative action to secure the release of many refuseniks "deserving of great support."

Leighton noted that letters such as those sent by Percy were appropriate and effective tools. He added that he would advise well-placed political leaders of his findings and urge them to action. Leighton further suggested that the consistent Russian wishes for increased tourism and trade with the U.S. be used as bargaining points in human rights discussions.

Gertz, who visited the USSR 15 years ago, noted a substantial increase in "Jewish commitment." On this trip he said he saw great numbers of people of all ages at synogue services the gathering outside the synogogue– even in cold weather– of many more Jews who were openly demonstrating that commitment.

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