(Ottawa) It has been a bittersweet week for those close to the victims of Flight PS752, which was shot down by Iranian surface-to-air missiles two years ago on Saturday. While it started with a verdict from an Ontario court awarding $ 107 million to a handful of families, it took a less cheerful turn when Ottawa confirmed that Tehran showed no willingness to negotiate to right the wrongs.
Montrealer Armin Morattab lost his twin brother, Arvin, and his sister-in-law, Aida Farzaneh, in the air tragedy. “My family’s life has been completely turned upside down. We miss them every day. We felt their absence, especially during the holiday season. [Elle] weighs very heavy, ”he dropped in an interview on Friday evening.
“I am filled with sadness and anger when I think about the last moments they had. Missiles, fire, crash. We’ve been living with this for two years. At first it was horrible to think about it. But over time, we learn to live with this pain, ”adds the man, who will participate virtually in commemoration ceremonies for the tragedy to be held in Toronto on Saturday.
Prime Minister Justin Trudeau will deliver a virtual speech to mark the occasion.
On the eve of this sad anniversary, his government wanted to offer a balm for the wounds of the families and loved ones of the victims: a new access route to permanent residence for members of the families of victims living outside Canada, establishment of a scholarship program in their memory, project to build a commemorative monument.
“Canada will continue to remember those who lost their lives and stand in solidarity with those they loved. They will not be forgotten, ”reads the government press release in which these measures are presented. A statement in which it is also said that Ottawa is determined to ensure that Tehran grants full reparations “for the actions and omissions” that led to this tragedy.
Deadline ignored by Iran
On January 8, 2020, a civilian aircraft from Ukraine International Airways was struck by two surface-to-air missiles launched by the Iranian regime after taking off from Tehran airport. It crashed at 6:18 a.m. local time. Of the 176 victims, 138 had ties to Canada, it is written in a report commissioned by Ottawa, titled The long road to transparency, accountability and justice.
The title of this document, published in December 2020 from the pen of ex-minister Ralph Goodale, made sense earlier this week.
Because a group of countries whose nationals were killed in the attack – Canada, the United Kingdom, Sweden and Ukraine – confirmed in a statement that Iran ignored the deadline that had been set. set for January 5, and that Tehran now rejected “any new negotiations concerning [sa] collective demand for reparations ”.
Result: since it “would be futile to attempt to negotiate with Iran” on this issue, the group now intends to “focus on the measures to be taken” within “the framework of international law”, because it does not There is no question of letting “this affront to the memory of the 176 innocent victims” pass.
A refusal to collaborate which does not surprise the political scientist Thomas Juneau.
“It’s tragic, but it’s not surprising. There was no reason to expect that there would be any progress, because it is just not Iran’s approach to negotiate in good faith, ”says the associate professor at the Graduate School of Public and International Affairs of the University of Ottawa and specialist in the Middle East. He wonders about the options available to the Canadian government for the future.
“This is where it gets very complicated. The problem is, they have virtually no recourse. Yes, recourse to the International Civil Aviation Organization and to international justice, we can do it well, but it will not work. The tools we have to put pressure on Iran are minimal, if not nonexistent, ”continued Mr. Juneau.
Compensation of 107 million
Among the 176 victims of flight PS752 were 85 citizens or residents of Canada.
On the Ontario side, six families have turned to the province’s Superior Court of Justice for redress. In a judgment rendered last May, Magistrate Edward Belobaba concluded that the attack on the aircraft was an “intentional act of terrorism”. Last Monday, he set the punitive damages to be paid to the plaintiffs at 107 million.
“It’s an extremely significant victory,” says lawyer Mark Arnold.
He won his case by invoking, among other things, the State Immunity Act. In 2012, Stephen Harper’s government amended it to remove Iran’s immunity, due to its support for terrorism. Thus, according to the decision rendered by Judge Belobaba, compensation should come from the Iranian state, Ayatollah Ali Khamenei as well as the Islamic Revolutionary Guards.
But will families really see the color of this money?
“I will not say publicly what we are going to do, but I will say that we know that Iran has considerable assets in Canada, and in other countries, which we are going to target,” M said.e Arnold, lamenting that the Trudeau government refuses to label the act as terrorist.
If the Trudeau government did not attach this label to the slaughter of flight PS752, it nevertheless brushed aside the thesis of human error advanced by Iran. In December 2020, Tehran offered $ 150,000 in compensation to the families of the victims.
Canada and its partners said no.
With good reason, believes Thomas Juneau: “Compensation must be negotiated in good faith, and not imposed by Iran. Politically, accepting it would have been very difficult, because the families would not have accepted it. ”
Armin Morattab, he is not looking for compensation. “I want the light to be shed, that’s all. ”