Legal Seminar on Flight PS752: 'Truth and Justice' is the Priority for Families

Following the referral of the case filed by the Association of Families of Victims of Flight PS752 against the Islamic Republic to the International Court of Justice, a legal seminar titled 'Truth and Justice' was held on Wednesday, July 4, in Toronto, Canada. Navaz Ibrahim, a member of the association, told Voice of America after the session: 'With the unity of families and coordination with the Canadian government, the main focus of the association is on compensation in the sense of justice and truth.' He emphasized: 'Although receiving compensation is the right of the families, achieving justice and truth is their priority.' Kourosh Doostshenas, another member of the association, also stated in an interview with Voice of America: 'This is a station on a long journey that began 42 months ago.' He added: 'We will continue all our activities; we may consider today a success, but reaching the ultimate goal will take several more years.' Kaveh Shahrooz also told Voice of America: 'The demands of the families in this case are to reach the truth, which we hope to achieve through this court.' Pegah Salari, the program host, emphasized at the beginning of the session that it is very important for Canada that by referring this case to the International Court of Justice, 'the Iranian regime is forced to comply with the law.' During the session, a visual report was presented on the process of the downing of the Ukrainian passenger plane in the skies of Tehran by the firing of missiles by the Islamic Revolutionary Guard Corps, the actions of the Islamic Republic officials, and the efforts of the Association of Families of Flight PS752 to hold the Iranian government accountable. Kourosh Doostshenas, spokesperson for the Association of Families of Victims of Flight PS752, announced that 42 months have passed since the downing of this flight in the skies of Tehran by the firing of at least two missiles at the plane, stating that what happened after this missile attack was unprecedented in the history of aviation, marking the first time a government shot down a passenger plane after granting it permission to fly. He stated: 'The leaders of the Islamic regime killed 177 civilians on the morning of January 8, 2020,' adding: 'The Islamic Republic officials then disrespected the bodies of the victims and mocked the people with show trials, sentencing only one ordinary person to 10 years in prison.' Doostshenas mentioned that this association has been tirelessly campaigning to achieve 'a significant result from the referral of the case to the International Criminal Court and the International Court of Justice,' adding: 'As the Association of Families of Flight PS752 has repeatedly stated, our primary and main mission is truth and justice, and we want this to remain our main goal in the future.' The spokesperson for the Association of Families of Flight PS752 emphasized: 'We are determined to pursue our other demands, such as supporting the case we brought to the International Criminal Court and declaring the notorious IRGC a terrorist organization, as these actions help prevent such crimes.' He stated that 'this was not the first crime committed by the Islamic Republic,' referring to instances such as the burning of Cinema Rex, the execution of officials of Mohammad Reza Shah Pahlavi's government immediately after the 1979 revolution, widespread killings in Kurdistan and other cities, the execution of political prisoners, sending children to the front lines in the war with Iraq, suppressing the Green Movement, the killing of protesters in November 2019, and the shooting down of the passenger plane in January 2020, asserting that 'we see ourselves as a link in the long chain of crimes of the Islamic Republic,' and 'the regime's criminality does not end.' The spokesperson for the families' association also stated: 'Referring this case to the International Criminal Court brings justice for those victims,' and 'pressuring the Islamic Republic with this long history of murder and crime is a way towards a democratic Iran.' Navaz Ibrahim, the secretary of the Association of Families of Flight PS752, also stated at this meeting: 'We will not back down until we achieve what we consider to be justice.' He expressed that 'we want to achieve justice for the 177 victims of the plane' and 'we want the other victims of the Islamic Republic to also attain justice,' noting that 'pursuing this case in Iran has entangled the survivors in numerous complexities.' Navaz Ibrahim pointed out that the referral of this case to 'the most important judicial authority in the world' is significant, adding: 'The flight association is directly involved in the complaint to the International Criminal Court and is collaborating with four affected countries in the International Court of Justice.' The secretary of the Association of Families of Flight PS752 emphasized that 'in the path ahead, finding the truth and achieving justice is our main goal.' Following this, a roundtable discussion titled 'Gathering for Justice' was held, featuring Kourosh Doostshenas, spokesperson for the association, Navaz Ibrahim, secretary of the association, Hamed Esmaeilioun, former spokesperson and board member of the association and its legal committee, Lisandra Nova, a human rights lawyer, Kaveh Shahrooz, a lawyer and human rights activist, and Ryan Lex, one of the association's lawyers. Ryan Lex, one of the association's lawyers, stated in this roundtable that the circumstances of the PS752 case are 'unique' and that the Islamic Republic has violated its responsibilities under the 'Montreal Convention.' He noted that the International Court does not have the ability to directly intervene in domestic processes, stating: 'This court cannot, for example, conduct its own criminal investigations or truth-finding directly or impose penalties, but we are pursuing criminal investigations based on the Montreal Convention using transparent procedures.' Lex added: 'There is a real possibility that the Criminal Court will say that the Islamic Republic did not protect this flight and did not fulfill its duties under the Convention, did not conduct independent and thorough criminal investigations, and did not cooperate with other countries, especially Ukraine, and did not allow them to conduct their investigations independently, which proves the performative nature of domestic courts.' This lawyer also discussed the victims who are only citizens of Afghanistan or Iran, stating that the findings of this court apply to all passengers regardless of their nationality, and we must see if the four complaining countries have requested compensation and damages, and it may also be possible for Afghanistan to negotiate such a thing, but for those who only hold Iranian citizenship, the issue is more complex. Kaveh Shahrooz, a lawyer, also stated that today is a good day for the families of the victims of Flight PS752, saying: 'Bringing the Islamic Republic to a court where it must be held accountable for its actions is an extraordinary event.' He referred to the show trial held for this issue in Iran, stating: 'We do not even know who has been tried. Families were not consulted. Everything was kept confidential, and military courts are generally notorious and not independent and cannot conduct a fair trial.' Shahrooz added: 'The International Court of Justice, which is impartial and independent, can achieve justice much better. Right now, the International Court of Justice is the best option we have. Canada wants the truth and an apology from the Islamic Republic. This is not great, but I think under the circumstances, this is the best.' Kaveh Shahrooz stated that 'many of us supported the listing of the IRGC as a terrorist organization,' saying: 'There are individuals who served in the IRGC, and the U.S. did this, making life very difficult for soldiers, but my criticism of Canada is why the government has not been transparent and if there is a reason, to provide a political or legal explanation for why this has not happened.' He also emphasized: 'Justice means knowing who gave the order to shoot and putting them in front of the court, and until this regime is overthrown, this is not possible.' Shahrooz also discussed the Islamic Republic's 'counter-complaint' against Canada, expressing hope that this complaint would not affect the case's proceedings, although the International Court of Justice is professional, and it is unlikely that such actions will impact their decision-making process. He emphasized that 'hostage diplomacy is a habit of the Islamic Republic,' stating: 'We saw that a Belgian aid worker was freed in exchange for a known terrorist,' and this action is also 'its political equivalent.' Lisandra Nova, another lawyer present at this session, praised the efforts of the flight association, stating that '100 pages of legal analysis' and 'hundreds of pages of documents and evidence' have been sent to the prosecutor's office. She added: 'The issue of pursuing these processes in parallel in both criminal and civil courts is that the Criminal Court states the issues, and the International Court of Justice responds.' Lisandra Nova regarded the association's investigations as 'very thorough,' stating that these investigations 'helped us document what happened under the Rome Convention.' Hamed Esmaeilioun also emphasized the necessity of 'unity among families,' praising the simultaneous action of families in Iran, stating that 70 people went to court together and canceled their complaint to express that they do not trust the Iranian judicial system, and 'this was an extraordinary team effort.' Esmaeilioun welcomed the presence and support of families of other victims of the Islamic Republic, stating that our pursuit for a democratic Iran in the future is important. He noted that the flight association now has 'dozens of fighters,' referring to 'the speeches of mothers, wives, and relatives of passengers around the world,' stating, 'this is the most important work of the association.' Hamed Esmaeilioun emphasized: 'I do not feel hopeless about the situation in Iran at all,' and 'the struggle of women and youth is extraordinary, and this will change Iran.' He also stated: 'We must reflect the voices of the people outside Iran, for example, regarding Tomaj Salehi, we must be the voice of his family, who is our hero, with every means we have. We must not leave him and our other heroes alone.' The Islamic Revolutionary Guard Corps shot down the Ukrainian passenger plane just minutes after it took off from Tehran Airport on the morning of January 8, 2020, killing all on board, who were citizens of Iran, Canada, Ukraine, Sweden, Afghanistan, and the UK. 42 months after this incident, the four aforementioned countries have announced to the International Court of Justice that the Islamic Republic of Iran has violated its commitments under the Montreal Convention regarding the security of civilian air travel. Some family members of the victims of Flight PS752 consider the referral of this case to the International Court of Justice an important step in achieving justice, and the Association of Families of Victims has also issued a statement regarding it. In this statement, published on Wednesday, it emphasized that the families of the victims will not forget and will not forgive the perpetrators and instigators of 'this organized crime,' noting that following 'a wide and long campaign,' the PS752 case is now 'open in both existing international courts in the world,' and 'we have independently filed a complaint in the International Criminal Court and are collaborating with four affected countries in the International Court of Justice.' The mother of Parisa Eghbalian stated: 'Justice will be achieved with the overthrow of the Islamic Republic; we hope for that day.' Kourosh Doostshenas stated: 'The families seeking justice for Flight PS752 have taken the first step towards achieving justice.' Kaveh Shahrooz predicted the outcome of the referral of the PS752 case to the International Court of Justice.