ROBERT KAP #1

JANUARY 2, 2001

FORM 60 (RULE 51 (2) AND (6))

No. S004040
VANCOUVER REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:

TRACY KAPOUSTIN, NICHOLAS KAPOUSTIN BY HIS GUARDIAN AD LITEM

TRACY KAPOUSTIN AND MICHAEL KAPOUSTIN

PLAINTIFFS
AND:

THE HONOURABLE MURAVEI RADEV

MINISTER OF FINANCE
IN HIS OFFICIAL CAPACITY
FOR
REPUBLIC OF BULGARIA,
DEFENDANT
and
STEFCHO GEORGIEV, MARIO STOYANOV, EMILIA MITKOVA, KINA DIMITROVA, IVETA
ANADOLSKA, DIMITAR SHACKLE and
DEREK A. DOORNBOS,
INDIVIDUAL DEFENDANTS

AND:

MINISTRY OF JUSTICE
REPUBLIC OF BULGARIA

RESPONDENT

AFFIDAVIT

I, Robert Kap, resident of 333 Tonti Street, South Bend, Indiana, 46617 USA
MAKE OATH AND SAY THAT:
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Affidavit # 1 - page 1 of 3

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1. I am the natural father of Michael Kapoustin, pro se Plaintiff in the above entitled
action, and as such have personal knowledge of the facts and circumstances attested to
herein;

2. My son, Michael Kapoustin, is a Canadian citizen who has been under pretrial arrest
since 7 February, 1996 awaiting trial and verdict in a penitentiary facility of the
Defendant Republic of Bulgaria. This sentence is imposed without benefit of due
process recognized by international law;

3. My son, Michael Kapoustin, commenced the above entitled action on behalf of

himself, his wife and son and on account of their material poverty did so as pro se
Plaintiff having effected his originating process and filings with the assistance of Mr.
Robert Stewart of 2A 8191 River Road, Richmond, BC V6X1X8, the Power of
Attorney for my son;

4. On account of Mr. Stewart's commitments and obligations elsewhere he is unable, on

behalf of my son to attend to the Registrar or the Court as frequently as he may desire
and is unable under the circumstances to physically, in person file on behalf of my son;

5. Upon my best information and belief my son, as pro se Plaintiff, is being hindered by
officials of the Defendant Republic of Bulgaria, agencies or instrumentalities in the
timely preparation and filing of his requests or pleadings generally when attempted by
him through the agency of translators retained by me in the Republic of Bulgaria. As a
consequence of the Defendant Republic of Bulgaria conduct my son is unable to file
by regular means;

6. On account of the Defendant's control over my son's person, it is impossible for him, as
pro se Plaintiff to plead in person before the Court in support of his motions or to
obtain copies of decisions or to appeal those decisions if no relief is provided to my son
by the Court as requested by him;

7. My grandson, Plaintiff Nicholas Kapoustin by his guardian Ad Litem, Tracy Kapoustin

and my son's wife, Tracy Kapoustin, are unable, on account of my grandson's diabetic
condition and their personal poverty, to retain legal counsel or to undertake those acts
required by my son as pro se Plaintiff before the Court;

8. I am a pensioner and have insufficient material resources to assist my son or to provide

relief beyond securing a translator to attend to him and to collect and transmit for him
filings prepared by him for this Court in the above entitled action when and where
possible and when the Defendants permit;

9. Upon my best information and belief, as reported in daily newspapers in the city of
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Affidavit # 1 - page 2 of 3
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 Sofia, Republic of Bulgaria, my son has been beaten and tortured by officials of the
Defendant, Republic of Bulgaria and that I and the Plaintiff's family exist in a
constant state of anxiety and fear for my son who seeks to exercise his legal rights as a
Canadian citizen before a court of law in the Province of British Columbia;

10. Upon my belief, should the Court not grant the relief requested by my son, Michael
Kapoustin, pro se Plaintiff, he will be unable to exercise his rights under the Charter
and international treaties and shall be at a legal disability as a consequence;

11. I provide as evidence in support of my affidavit:

A) Exhibit No 1 as attached hereto and made a part thereof being a true and correct
copy of an article published on January 11, 2000 in newspaper "Sega" under the
heading: "They Beated Me In the Arrest, Violated My Rights" [see para 9 above];

B) Exhibit No 2 as attached hereto and made a part thereof being a true translation
from Bulgarian into English of Exhibit No 1;

C) Exhibit No 3 as attached hereto and made a part thereof being a true and correct
copy of an article published on January 11, 2000 in newspaper "Trud" under the
heading: "Kapoustin complains of beatings and wiretapping"[see para 9 above];

D) Exhibit No 4 as attached hereto and made a part thereof being a true translation
from Bulgarian into English of Exhibit No 3;

E) Exhibit No 5 as attached hereto and made a part thereof being a true and correct
copy of the Dissenting opinion of Judge Billiana Chocheva, Sofia Appeal Court,
Bulgaria [see para 2 above];

F) Exhibit No 6 as attached hereto and made a part thereof being a true translation
from Bulgarian into English of Exhibit No 5.

SWORN BEFORE

Date January 2nd, 2001 _________________________

Robert Kap

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Affidavit # 1 - page 3 of 3
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