أسترالي يقاضي حكومة أوروبية بعد تعرضه لحادث
السيد علي محمد قصار، 42 عامًا، مواطن أسترالي أجنبي، ولد عام 1981، ويعيش في جنيف، سويسرا منذ عام 2018.
ويمكن تلخيص وقائع القضية كما عرضت على النحو التالي..
في 18 أكتوبر 2020، اتصل اثنان من ضباط الشرطة بعلي محمد قصار على هاتفه وقاموا بتوزيع "غرامات عدم وقوف السيارات" على المركبات المتوقفة في محطة كورنافين، مساء الأحد، في الساعة الثامنة مساء.
بعدها تم تمييز مركبة السيد كسار من قبل الشرطة، بسبب فقدان أو سرقة إحدى اللوحتين، على الرغم من أن سيارته كانت مؤمنة بالكامل من قبل شركة AXA للتأمين وخبرة الطرق المعتمدة وحتى الآن في 18 أكتوبر 2020.
غادر اجتماعه مع أصدقائه على الفور، بعد أن اتصل على هاتفه للقاء ضابطي الشرطة مطالبين إياه بمقابلتهما على الفور.
وصل بعد وقت قصير، والتقى بالشرطة المنتظرة والواقفة بالقرب من سيارته المتوقفة، وامتثل بالكامل لتعليمات الشرطة التي تم إجراؤها عبر الهاتف.
عند وصولهم، قالت الشرطة إنهم يريدون مناقشة مسألة لوحة الأرقام فقط، ثم صعدت الشرطة الوضع بشكل غير متناسب، وتكشف ما يلي.
طلبت الشرطة تفسيرًا لفقد إحدى لوحات الأرقام، ثم أوضح قصار أن إحدى لوحات الأرقام فقدت أو سُرقت، وكان ذلك في عطلة نهاية الأسبوع، وكان لديه خطط للذهاب إلى هيئة المرور على الطرق في يوم العمل التالي وذلك يوم الأثنين 19 أكتوبر 2020 للإبلاغ عن لوحة الأرقام المفقودة أو المسروقة واستبدالها.
CURRENT CIRCUMSTANCES OF MR ALI MOHAMAD KASSAR CASE
Genéve, December 28, 2023
Mr ALI MOHOMAD KASSAR, 42 years old,is an Australian Foreign National, An Australian Citizen, born in 1981, and living in Geneva, Switwerland since 2018. The facts of the case, as presented, may be summarized as follows. On 18 October 2020, the Mr KASSAR was contacted on his cell phone by two Police officers giving out “no parking fines”, to vehicles parked at Cornavin Station, on Sunday evening, on or about 8:00pm. Mr KASSAR vehicle, was singled out by Police, because one on the two number plates was lost or stolen, although his vehicle was fully insured by AXA INSURANCE and road expertise approved and up to date on 18 October 2020. Mr KASSAR, left his meeting with his friends, immediately, after contacted on his cell phone to meet the two police officers demanding Mr KASSAR to meet up with them immediately. Mr KASSAR arrives short time later, and met with Police waiting and standing near his parked vehicle. Mr KASSAR fully complied with Police instructs made over the phone. Upon arrival, police said they wanted to discuss with Mr KASSAR the number plate issue only, then the Police escalated the situation out of proportion, the following unfolded. The Police, asked for an explanation of one of the number plates missing, then Mr KASSAR, explained one of the number plates were lost or stolen, and it was the weekend, and had plans to go into the Road Traffic Authority the following working day, on Monday 19 October 2020, to report and replace the lost or stolen number plate. Mr KASSAR handed over to police his identity documents, politely. During this identity check, Mr KASSAR suffered discriminatory and offensive insults made by police and physical ill-treatment, even though, the Mr KASSAR fully complied with the police requests by presenting his identity papers. Mr KASSAR felt threatened and intimidated by Police offensive language, discriminating against him based on identity, status, race and nationality.
The insults and aggressiveness by police, compelled Mr KASSAR to make an executive decision, and contacted his lawyer, Mr Andreas DEKANY, before police presence, by way of dictating voice message, to his lawyer, not to the police, as presented in evidence, that is undermined and misrepresentation of evidence by the courts and attached as EXHIBIT A; QUOTES; “ 18 October 2020, Appel vocal manqué à 20:20, Hello my lawyer, how are you, I have one problem with one police officer, he was very racist to me, is telling me go back to your country, badge number is P19040, -------- the lady with him, that number is 4905035, I think he´s not normal he started with me and telling me to go back to your country”. UNQUOTE
EXHIBIT B – VIDEO SURVEILLANCE TAPES CORNAVIN STATION -approx. 30 MINUTES Sunday 18 OCTOBER 2020 ***************** Mr KASSAR is witnessed on tape, being calm and co-operative with police, on video surveillance cameras, for over 27 minutes, then, one police officer, is witnessed throwing a right hand neck hook, “kung-fu style”, smashing Mr KASSAR flat down on his backside landing on his “lumbar spine and the back of his head”, on a hard concrete side kerb slab, with the Police landing on top of Mr KASSAR with full force. Mr KASSAR is witnessed on tape, clearly injured by police and knocked out unconsciously by Police, for two minutes and 27 seconds. The Police failed to contact emergency services to attend to Mr KASSAR medical care, rather instead, Police are witnessed on tape, mishandling Mr KASSAR, rolling him over on his stomach, then handcuffing Mr KASSAR while still unconscious, then Police lift Mr KASSAR backside with one Police officers knee leaning his body weight up against Mr KASSAR back lumbar spine, then Mr KASSAR slides down from being unconsciousness, while the two Police officers maliciously ignored and denied Mr KASSAR emergency medical attention. Mr KASSAR is further verbally and physically assaulted by Police in the Police Cells on 18 October 2020, also on video surveillance tapes. All original surveillance tapes are with the Police Prosecutor. EXHIBIT B – full footage of the video surveillance tapes on 18 October 2020 at Cornavin Train Station is attached.
FALSIFICATION OF CHARGES MANUFACTURED AND FABRICATED BY TWO POLICE OFFICERS “ROULIN” AND “BINDER” – on 18 OCTOBER 2020 under “oath”, to The Swiss Migration Authorities and to the Swiss Judicial Authorities. *********************** ULTERIOR MOTIVATION BY ROULIN AND BINDER on 18 October 2020 : An attempt to legalise a false arrest, arbitrary detention and illegal deportation with financial gain to workers compensation for their “so called” injuries, “so called “ caused by Mr KASSAR. Police obtained the Video Surveillance Cameras on the same night of 18 October 2020, and sent hand selected photographic images ONLY that were obtained from the security cameras tapes, and attached to a Deportation Report sent to the SEM/OCPM Migration Authorities, with a “manufactured storyline”, falsely alleging that Mr Robinson spat at Police, physically attacked Police and physically injured the two Police Officers at Cornavin Train Station. Extent of Police false accusations escalated further, Police managed to obtain a medical certificate, from a Police Cells SOS doctor, claiming that Mr KASSAR attacked and injured Police. Contradictory to the factual events witnessed on the surveillance tapes on 18 October 2020. Mr KASSAR attended to Emergency Hospital after released from Police Cells on 19 October 2020 and obtained a Forensic Medical Report with photographic evidence of Mr KASSAR injuries sustained by Police physical aggression on 18 October 2020. EXHIBIT C – Police Report to the Swiss Migration Authorities dated 19 October 2020. EXHIBIT D - Police Oath to the Swiss Judicial Authorities dated 19 October 2020. EXHIBIT E – Emergency Hospital Forensic / Photographic Medical Report dated 19 October 2020
POST 18 OCTOBER 2020 – Mr KASSAR STATE OF HEALTH DETERIORATED ************************ - 21 Febraury 2021 – Mr KASSAR loss of autonomy, and bound to an electric wheelchair, after suffering from spinal injuries caused by Police physical assaults on 18 October 2020. EXHIBIT F – MRI LUMBAR SPINE REPORT – 12 February 2021
Mr KASSAR EXPOSED TO MEDICAL MALPRACTICE IN HUG HOSPITAL GENEVA SWITZERLAND **************************** - HUG HOSPITAL in Geneva Switzerland is currently under investigation by the Health Surveillance Commission for medical malpractice, for unauthorized operation causing Mr KASSAR, “spinal surgical harm”, left him with debilitating and permanent injuries with long-term effects. - Legal procedure pending and requires Mr KASSAR presence in SWITZERLAND. EXHIBIT G – CSPS MEDICAL INVESTIGATION AUTHORTIES - pending
FEDERAL INVALITIE ASSURANCE – AI - DISABILITY PENSION ****************** Mr KASSAR as an Australian foreign national, with 100% cover for health insurance under Swiss health insurance regulations, filed an Application in 2021, with the Federal Invalidate Assurance Authority for the Swiss Disability Pension benefits entitlements, also entitlements to benefits for Moyens Auxiliaries, Aides, Equipment and Support/Care Services, under the bilateral agreement between Switzerland and Australia, is currently pending and requires Mr KASSAR presence in SWITZERLAND. EXHIBIT H – Independent Multi-disciplinary Four Expertises Medical Report by CEMEDEX in Fribourg, Switzerland, dated 25 April 2023 and OCAS – AI Federal Invalidite Assurance letter of declation that Mr KASSAR can no longer work after intensive investigations dated November 2022.
SWISS MIGRATION AUTHORITIES “EXPULSION” POST 18 OCTOBER 2020 INCIDENT with POLICE. ****************** Mr KASSAR and family has been pressured by the Cantonal Migration Authority in Geneva, with co-operation, with the Cantonal Police Authorities in Geneva, to depart Switzerland and return to Australia since 2021 to date, post 18 October 2020 incident. Expulsion threats came ONLY AFTER POLICE sent falsified Deportation Report to the Swiss OCPM Migration Authorities on 19 October 2020, with Police falsely accusing Mr KASSAR of assaulting and injuring two Police officers on 18 October 2020 – completely Contradictory to the Evidence of Surveillance Tapes of 18 October 2020 at
Cornavin Train Station, that clearly shows Mr KASSAR did not assault both Police Officers, while infact, Mr KASSAR is seen on tape, the actual “Victim to Police physical aggression and violence”, and Police injured Mr KASSAR, unconsciously and denied Mr KASSAR emergency medical attention by all Police in attendance at the scene.
Mr KASSAR MEDICALLY DEEMED UNFIT TO FLY **************** Mr KASSAR will full medical insurance coverage in Switzerland, that is not exportable, did suffer physical injuries on Swiss soil, in the Canton of Geneva, initially caused by Police on 18 October 2020, then exacerbated by HUG Hospital surgeons who performed an unauthorized operation without informed consent, that led to Mr KASSAR loss of autonomy, debilitating injuries caused by spinal surgical harm on 21 February 2021. EXHIBIT I – UNFIT TO FLY MEDICAL ORDONNCES 2021-2023 The Swiss Migration Authorities well informed of current circumstances of Mr KASSAR: - Current State of health since 18 October 2020 to date. (bundle of medical reports already provided) - Unfit to Fly – bundle of evidence of Medical Ordonnces already provided to Migration Authorities since 2021 to date. - On-going Criminal Complaint filed by Mr KASSAR against Police pending – relating to the 18 October 2020 incident, still at the first judicial level. Mr KASSAR Victims Rights entitlements to Compensation in Switzerland: - Mr KASSAR Criminal Appeal legal proceeding still pending at the Federal Level. - Mr KASSAR Health Commission investigating HUG Hospital still pending. - Mr KASSAR Federal Invaliditie Assurance, still pending, Swiss Disabilty Pension - NEW VICTIMS CRIMINAL CASE - Mr KASSAR Criminal Complaint filed against a Male driver hit his car straight into Mr KASSAR in an electric wheelchair on a pedestrian pathway on 01 November 2023.
Mr KASSAR ACHIEVEMENTS / QUALIFICATIONS ***************** Nominated Australian of the Year 2009 (copy is attached) Qualifications – telecommunications, Rigging, Boilmaker, United Nations International Public Relations Officer to numerous NGO`s Professional References – EWBI Reference letter EXHIBIT J : the above documents/certifications are attached.
Mr KASSAR NAMES CHANGE JUSTIFIED **************** Mr KASSAR Protection was compromised after his true identity was exposed, hence, led to legal name changes of his identity by the Australian authorities. Mr KASSAR IDENTITY – legal names changes for Protection as a “victim”. EXHIBIT K: (change of Name Certificate)
Mr KASSAR – IS AN INTERNATIONAL PROTECTED PERSON ************* Mr KASSAR, the protected person, by an internationally recognized Supreme Court Protection Order, was left in a vulnerable position, without a lawyer willing and able to defend Mr KASSAR`S interests on 18 October 2020, considering his fragile state of health, as a protected person. Police at all times on 18 October 2020, and throughout stages of the judicial process: - Mr KASSAR, denied an English Translator, and all documents provided to Mr KASSAR was in a foreign language, in “FRENCH”, never once translated in English, when Mr KASSAR mother-tongue is ENGLISH. - Mr KASSAR denied Australian Consulate Assistant / Welfare checks. - Mr KASSAR denied a support person. - Mr KASSAR denied URGENT MEDICAL ATTENTION AND TREATMENT IN A HOSPITAL FACILITY – when relevant examinations and diagnosis are critical. As a direct result Police fall in the scope of violating the Internationally recognized Protection Order for Mr KASSAR EXHIBIT L – Protection Order – Internationally Recognised
FAMILY SITUATION 1st CHILD 15yrs – Violation of RIGHT TO FAMILY LIFE 2nd CHILD 14yrs – Violation of RIGHT TO FAMILY LIFE 3rd CHILD 12yrs – Violation of RIGHT TO FAMILY LIFE 4TH CHILD 10 yrs – Violation of RIGHT TO FAMILY LIFE 5th CHILD 9 yrs – Violation of RIGHT TO FAMILY LIFE Based on the Canton of Geneve, Switzerland, fall within the scope of violation of RIGHT TO FAMILY and PASSIVE ARBITRARY DETENTION- limited freedom of movement, including medical and essential health and well-being. As a result of the Violation of RIGHT TO FAMILY LIFE, MR ALI MOHOMAED KASSAR and his wife, and two biological children in Geneve SWITZERLAND, has been prevented from any form of FAMILY UNITY with their five children that remain in AUSTRALIA since 2018. Therefore, the KASSAR family has not been permitted to see their five children for six years under the strict regulations imposed by the SWISS MIGRATION authorities that has given little to none respect for RIGHT TO FAMILY LIFE AND FAMILY UNIFICATION under international laws, charters and conventions.
TWO CHILDREN IN THE CANTON OF GENEVE, SWITZERLAND; 6th CHILD 4yrs, in Geneva Hospital, in Switzerland, has no Citizenship status, no passport, attended Creche 2022, enrolled and educated in a Swiss school, in class 1P, speaks French fluently. 7th CHILD 7yrs, in Canberra, Australia, living in Geneva, Switzerland since age of 18months, 2018, attended Creche 2019-2020 and enrolled and attending school since 2020 to date, in class 4P, speaks French fluently, reads and write French. Both children are well integrated in Switzerland and has close established relationships, at, school, local tennis club and attend extra curriculum activities of learning an extra language. EXHIBIT M: 2023-24 Swiss School Attestations (two)
AUSTRALIAN AUTHOTRITIES ********** Bi-lateral Agreement between Switzerland and Australia. Senator from the Australian Parliament has launched a Parlimentary Senate Inquiry into the current Mr KASSAR situation in Switzerland. Senator from the Australian Parliament has asked Mr KASSAR to speak with a Swiss Parliament member, to postpone Mr KASSAR expulsion from Geneva Switzerland until are legal procedures are finalized in Switzerland, which the Senator explained to Mr Kassar, that the legal procedure are not exportable to another state and Australian Health authroties are not responsible neither liable for Mr KASSAR damages. EXHIBIT N: Senators Official Communication
CURRENT LEGAL PROCEEDINGS AGAINST SWITZERLAND MIGRATION AUTHORITIES - Filed in the European Human Rights Court in 2023- pending - Switzerland using various forms of illegal tactics of threats and intimidation to silence Mr KASSAR, and expel him and his wife, and two children, from Switzerland. Motivated by evading the question of Mr KASSAR right to victims compensation entitlements for Switzerland causing personal injury and damages to Mr KASSAR health, that effect the entire KASSAR family and relatives. - Switzerland violation of International Human Rights Laws, regulations, conventions and charters.
REQUEST URGENT DISCRETION FROM A HUMATARIAN HOLISTIC APPROACH IN HONORING THE BI-LATERAL AGREEMENT BETWEEN SWITZERLAND AND AUSTRALIA ******** 1. Grant Mr KASSAR Medical Permit from the OCPM Migration Authorities to remain in Switzerland “pending completion” of all, of the above legal procedures mentioned above, to be valid, until all domestic remedies have been exhausted in Switzerland.
2. Grant Mr KASSAR Medical Permit as deemed “medically unfit to fly”, therefore deemed a medical flight risk and waiting for a spine operation to remove the metal implants in his spine, with high and low blood pressure problems, abscess in spinal incision area, high infection problems in the liver.
3. Allow Mr KASSAR children continue with their Swiss education/schooling/ Extra-Curriculum Activities.
4. Immediate FAMILY UNIFICTATION for the entire KASSAR FAMILY UNIT OF 9 MEMBERS, AS MR KASSAR IS A MEDICAL FLIGHT RISK AND CAN NOT FLY TO AUSTRALIA.
Sincerely,
Mr Ali Mohomad KASSAR
