Two Fathers of Victims of Ukrainian Plane Crash to VOA: Supreme Court Ruling Violation is a 'Ridiculous Show'

Following the announcement of the Supreme Court of the Islamic Republic's violation of the ruling regarding the Ukrainian plane crash, the fathers of two victims of flight PS752, which was shot down by the Islamic Revolutionary Guard Corps (IRGC), told VOA that seeking justice within Iran through the judiciary is impossible. Massoud Ibrahim, the father of Niloufar Ibrahim, one of the passengers killed in the shooting down of the Ukrainian passenger plane, responded to Mahmoud Alizadeh Tabatabai's comments, who expressed hope for the case to be addressed in the Supreme Court, stating that 'some of the Supreme Court's objections elevate the charges against the main defendants to the level of moharebeh (waging war against God).' Ibrahim said that Alizadeh expressed his 'personal opinion' and that he was the lawyer for a very limited number of families, and from the beginning, he believed in the judiciary and pursuing the case within Iran, which was contrary to the views of most families. He added that all of Alizadeh's clients withdrew their representation two sessions before the end of the trial. Ibrahim emphasized that the ruling of this court, which is under the Islamic Republic's judiciary, was 'predetermined and the issue of addressing it as a human error was communicated to the court by the office of [Ali Khamenei].' He also stated that Alizadeh's comments reflect 'his personal opinion and contradict the views of the families who do not trust the judiciary and the Supreme Court.' He noted that even families he represented have no belief that the court will take any action, and as long as this situation exists, there is no way for any legal pursuit to yield positive results. Massoud Ibrahim stated that the families of the PS752 victims 'participated in this sham trial from the beginning to gather information,' asserting that 'it was clear from the start that the ruling was predetermined, and we ultimately believe that in this court and any court in Iran, the rightful rights of our innocent children, who were shot down deliberately, and the issue of premeditated murder and crime cannot be addressed.' He also mentioned that 'contrary to Alizadeh's opinion,' the families have filed complaints in international criminal and civil courts, and 'the case is under consideration in The Hague,' although currently, 'the priority of the Israel-Hamas war and Russia-Ukraine cases has taken precedence.' Khosrow Malek, the father of Maryam Malek, another victim of flight PS752, also told VOA that the Supreme Court of the Islamic Republic, by violating the court's ruling regarding this case, is 'pursuing a ridiculous show.' On Tuesday, a lawyer for several families of the PS752 victims stated that the ruling issued by the military court was violated by the Supreme Court due to '12 serious objections,' and the court is obligated to reconsider this case. Mahmoud Alizadeh Tabatabai told Ensaf News that 'some of the Supreme Court's objections elevate the charges against the main defendants to the level of moharebeh.' This lawyer also stated that some families have no hope for a 'fair review' of this case within the country but added that foreign judicial authorities do not have access to the case documents and can only take actions related to financial matters. Mohsen Asadi Lari, the father of Zainab and Mohammad Hossein, two of the victims of this flight, described the Supreme Court's objections as 'substantive' and stated that all issues should be reconsidered. The IRGC shot down the Ukrainian plane shortly after it took off from Imam Khomeini Airport in Tehran on January 8, 2020, killing all 176 passengers on board. The military court in Tehran, which issued its ruling three years after the plane was shot down by the IRGC, sentenced the first defendant to '13 years in prison' for 'involuntary manslaughter' and 'cancellation of the issued order,' of which 10 years are enforceable. The court also considered the first defendant's behavior as stemming from 'ignorance of the subject and a mistaken perception of the discovered target.' The court sentenced defendants two to ten to prison terms ranging from one to three years. At that time, the Association of Families of Victims of Flight PS752 rejected the ruling issued by the Tehran military court, stating: 'We have not accepted and will not accept the authority of this court, let alone submit to its ruling.' Human Rights Watch has reported that since the IRGC shot down the Ukrainian plane, the families of the victims have been systematically targeted for harassment by Iranian government officials. The Ontario Superior Court in Canada has deemed the missile strike on the Ukrainian passenger plane by the IRGC as 'deliberate and terrorist.' In August 2023, the Ontario Superior Court ordered the Islamic Republic to pay over $142 million in damages to the families of eight victims who lost their lives due to the downing of flight PS752 by the IRGC near Tehran. The Ontario Superior Court also awarded $107 million in damages for the families of six other victims who died in the plane crash. The total amount awarded to the families of 14 victims is nearly $250 million. The Islamic Republic did not defend itself in either court, and the ruling was issued in absentia, with no compensation paid. Despite severing diplomatic relations with Tehran and expelling Iranian diplomats from Canada, Canada still considers the assets of the Islamic Republic as diplomatic.