Dr Leonardo Raznovich is a former lecturer at the Truman Bodden law School who helped students organise a series of three free public lectures in the Cayman Islands last January. Entitled “Misogyny and homophobia: What is the Cayman Islands doing to promote gender and LGBT equality?” the lecture series was a great success. The lectures were delivered by, Prof. Robert Wintemute of King’s College, London, Her Excellency the Governor, Mrs. Helen Kilpatrick and Dr Raznovich.

Dr Raznovich was informed last June his contract with the government would not be renewed once it expired.

There is much concern the reason is related to his support of the LGBT (Lesbian, Gay, Bisexual, and Transgender)-themed series of lectures.

Dr Raznovich has had a relationship with male partner for over 16 years and is married to him. The marriage has not been recognised by the Cayman Islands Authorities. They, however, did recognise a polygamous marriage for the purpose of determining the legitimacy of the couple’s children for inheritance purposes.

Dr Raznovich now faces deportation.

SOURCE (supplied) Cayman News Service

Dr Raznovich sent a letter dated Aug 31st 2015 to the Attorney General Samuel Bulgin that was also addressed to the Governor, the Premier, the Solicitor General and the Chairman of the Cayman Islands Human Rights.

A redacted [XXXXXXXXXXXX] publication of this letter follows:

From: Leonardo Raznovich
Subject: Incompatibility of laws of the Cayman Islands with the European Convention on Human Rights
Date: 31 August 2015 16:58
To: [email protected]
Cc:

Dear AG,

I write to you on my last day as a member of your set of Chambers to draw your urgent attention to a clear case of incompatibility between: (i) the current legislation as enforced by the Immigration Authority in relation to applications made by married same-sex couples; and (ii) the European Convention on Human Rights (ECtHR), in particular, in the aftermath of the decision of the European Court of Human Rights (ECtHR) in the case of Oliari & Others v. Italy published on 21 July 2015.

The Immigration Board in its decision of 26 August 2015, in respect of the application of XXXXXXXXXXXX to add me, his spouse, as a dependant to his work permit, stated that it had ‘NO POWER’ (sic) to deal with it. In its explanatory note on the Immigration website, it expressed as follows:

… due to the existing statutory framework, there is no specific provision(s) that would enable the CIO/Board to accommodate this request.

This decision is notwithstanding the presentation to Immigration of our civil partnership certificate and separate marriage certificate, together with other supporting evidence of our 16-year long established relationship and adequate means of financial support.

The ECtHR held in Oliari & Others v. Italy that:

185. … the Italian Government have overstepped their margin of appreciation and failed to fulfil their positive obligation to ensure that the applicants [three couples] have available a specific legal framework providing for the recognition and protection of their same-sex unions. …

187. There has accordingly been a violation of Article 8 of the Convention [right to respect for private and family life].

It is therefore the logical conclusion that where the government formally declares, as the immigration Board has done, lack power for want of statutory framework to ‘accommodate’ the application of XXXXXXXXXXXX to add his spouse (i.e. a man with whom he is married) to his work permit as a dependant, such a lacuna constitutes a breach of the applicant’s right to respect for private and family life under the ECHR (ECtHR in Schalk and Kopf v Austria). This is even more so in light of the decision of the ECtHR in Oliari & Others v. Italy cited above and is, in any event, arguably also a breach of the Cayman Islands Bill of Rights enshrined in the Constitution, specifically, Section 16 (Non-discrimination), in that opposite sex overseas married applicants are treated differently in these circumstances.

Without prejudice to any challenge to the legality of the Immigration Board’s decision in the particular circumstances in question, I hereby formally bring to your attention that the lack of legislation, as declared by the Immigration Authority, needs to be urgently redressed in order to prevent the Cayman Islands from continuing to breach the rule of law. If this situation is not rectified, when challenged in the courts, the applicant will ultimately be successful, as has been highlighted by Prof. Robert Wintemute of King’s College, London in his public lecture at the Grand Court on 15 January 2015, as part of the ‘Legal Matters that Matter’ series of lectures organised by the Student Society of the Truman Bodden Law School.

In your speech of the 25 March 2015 at the University College of the Cayman Islands you expressed how important the respect for the rule of law has been for the success of the Cayman Islands in becoming the ‘fifth financial centre in the world’. You cited the UK Lord Chancellor, the Right Honourable Chris Grayling MP, stating: ‘a thriving legal system and respect for the Rule of Law go hand in hand with economic prosperity. In fact they are the necessary foundations on which a strong and resilient economy is built’. Furthermore, you proudly expressed that ‘[T]he Cayman Islands is an apt illustration of such combined qualities’ and that although the ‘laws of the Cayman Islands are compatible with international principles of rights and freedoms for all … where a declaration of incompatibility was made, the incompatibility point was quickly rectified by the legislature, thereby demonstrating the determination to adhere to those principles and uphold the Rule of Law.’

I shall assume that when you stated ‘international principles of rights and freedoms for all‘ you indeed meant all without undue discrimination based on any illegal grounds, including sexual orientation as protected by the ECHR. If so, then I urge you to advise the relevant authorities to redress this lacuna by legislation or regulation as a matter of urgency.

Yours sincerely,

Dr Leonardo J Raznovich

EDITOR: All material for this article was supplied by Dr Raznovich.

UPDATE:Dr Leonardo J Raznovich lawyers have been in touch to let him know that immigration has indicated they are willing to consider an application as a visitor for the interim period between the end of his contract and the appeal. He must file an application and it will then be considered. Each time he leaves and returns he will need to embark on a new application for any necessary extensions as a visitor. Nothing has been agreed or granted as yet. He anticipates responding to immigration today (Thu 3).

IMAGE: www.taylormarsh.com

See related ”

Homosexuality: From Burning at the Stake to Being Welcome at the Church | Leo Raznovich | TEDxUCCI

by TEDx Talks

https://youtu.be/zAwVSn5pCfk