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According to a Canadian court, the firing of two missiles carried out by Iran against the United Airlines flight in January 2020 was “in all probability” intentional and constitutes an “act of terrorism”. This decision announced Thursday paves the way for a claim for compensation from families of victims.
Iran has committed a “terrorist” act by shooting down a Ukrainian Boeing in January 2020 from Tehran, ruled Thursday, May 20 a Canadian court. The Ontario Superior Court ruled that the firing of two missiles against Ukraine International Airlines Flight PS752 was “in all probability” intentional, and considered an “act of terrorism” under Canadian law.
“The plaintiffs have established that the destruction of flight 752 (by Iran) was an act of terrorism”, concluded Judge Edward Belobaba, upholding the four relatives of the victims who want to be able to sue Iran in Canada, according to their officials. lawyers.
“The decision of the Ontario Superior Court of Justice is unprecedented in Canadian law,” said their two lawyers, Mark and Jonah Arnold, in a statement. “It will have a significant impact on the surviving relatives of victims seeking justice.”
According to them, this decision opens the way to compensation claims from its clients against Iran for terrorist acts. The plaintiffs claim 1.5 billion dollars (1 billion euros) in damages.
Foreign states generally enjoy immunity in Canada where they cannot be sued in civil matters. But a law dating from 2012 makes an exception for countries considered to support “terrorism”. Ottawa severed diplomatic relations with Tehran the same year.
Shot “by mistake”
Three days after the disaster of flight PS752 which occurred on January 8, 2020 in Tehran, the Iranian armed forces admitted having shot down the aircraft “by mistake”.
In its final report released in March, the Iranian Civil Aviation Organization (CAO) laundered its armed forces. Ukraine denounced a “cynical attempt to hide the real causes” and Ottawa denounced a “incomplete” report without “hard evidence”.
Among the 176 victims were 55 Canadian citizens and 30 passengers with permanent resident status.