Families of Flight PS752 victims breathe a sigh of relief as case goes to international court

Families who lost loved ones in the destructionof Flight PS752 are celebrating after their long fight to bring Iran to account in an international court moved one step closer to success this week.

Canada, the U.K., Sweden and Ukraine officially launched theircase against Iran on Wednesday beforethe International Court of Justice. The joint application instituting proceedings said"Iran has violated its obligations" under an international treaty and failed to prevent the "unlawful and intentional" destruction of Flight PS752.

Iran's Islamic Revolutionary Guard Corps (IRGC) fired two surface-to-air missiles at the Ukraine International Airlines flight on Jan. 8, 2020, shortly after takeoff in Tehran. All 176 people onboard died, including 55 Canadians and 30 permanent residents.

Victims' families in Canada say they've been pushingthe federal government to take this case to theinternational court, theprimary judicialorgan of the United Nations.

"We've been fighting for three and a half years for this day. It's actually unbelievable we're seeing this day," said Maral Gorginpour. Her husband died on the flightjust three days after their wedding.

"Seeking justice and truth for his life was the only thing that kept me alive."

WATCH/Canada helps take Iran to court for shooting down Flight PS752

Canada helps take Iran to court for shooting down Flight PS752

1 year ago

Duration 2:13

Canada, Sweden, Ukraine and the United Kingdom have launched a case at the International Court of Justice against Iran over the downing of Ukraine International Airlines Flight PS752 in January 2020.

After the news came out Wednesday, families gatheredin North York, Ont.to discuss nextsteps in what is expected to be a years-long process. Hamed Esmaeilion, a board member with the Association of Families of Flight PS752 Victims, said it was an emotional gatheringfor everyone involved.

"It's a happy moment for families," said Esmaeilion, who lost his wife and daughter on the flight. "They hugged each other. They cry out of pain and joy at the same time."

An advisory panel of four legal experts including Iranian-Canadian and former UN prosecutor Payam Akhavan was involved in drafting the joint application.

The applicationcited the special rapporteurs with the UN Human Rights Council whocriticized Iran's investigation and said it "disregarded the responsibility of high-level officials."

Canada and the three other applicant countries say they wantthe International Court of Justice to order Iran toinvestigate the crash andprosecute orextradite offenders in a "transparent and impartial manner."

Navaz Ebrahim, president of the Association of Families of Flight PS752 Victims, said she's glad to see Canada attemptto hold higher-level officialsaccountable.

"It has been just a sham trial," said Ebrahim,whose sister and brother-in-law died on the flight. "Even those that the Islamic Republic of Iran claim that they prosecuted, we don't even have their names. We don't know their faces. We don't even know if some of them are real."

Ralph Goodale, Canada's high commissioner to the U.K. and the prime minister's special adviser on Canada's response to Flight PS752, said that under the multilateralMontreal Conventiontreaty, countries are supposed to conduct independent investigations of air disasters, lay proper chargesand prosecute throughan impartial judicial process. Hesaid Iran failed to do those things.

"They're really scapegoating some low-level flunkies who had no particular authority or responsibility," Goodale told CBC News.

"You cannot blame what happened on one or two minor people way down in the pecking order."

The joint application says Iran launched ballistic missiles at two American airbases in Iraqon January 8, 2020, thenprepared for possible counterstrikesby positioningan air-defence combat vehiclealong a routine flight path for commercial flights.

IRGC-ASF commander Brigadier General AmirAli Hajizadehallegedlyrejected an request to close the airspace and Flight PS752 was cleared for takeoff despite Iran identifying"a high threat level for international civil aviation" the joint application says.

"They did not notify any pilots of civilian aircraft in that area of the dangers ...because the international airport was now under surveillance by surface-to-air missile," said Goodale.

He said Flight PS752 was not warned that it could be "flying right into the teeth of danger."

WATCH/ Victims' families call for action on third anniversary of destruction of Flight PS752

Iranian activists call for action on third anniversary of downing of Flight PS752

2 years ago

Duration 14:26

Iranian human rights advocates Masih Alinejad and Nazanin Boniadi talk about the importance of a united action to end brutalities of the Islamic Republic as the families of those killed when Flight PS752 was shot out of the sky in 2020 by Iran's Islamic Revolutionary Guard Corps gather to mark the third anniversary.

Iran has maintained Flight PS752 was shot down unintentionally by the IRGC. Iran issued a final investigation report that said the "aircraft was misidentified as a hostile target by an air defence unit." Canada has rejected that finding.

The joint application also calls on the court to order Iranto apologize publicly, to make changes to preventcivilian aircraft from being shot downin the future, and to compensate victims' families.

"The next time I go visit my loved ones' graves, I can tell them that we did it," said Ebrahim. "We finally did it and we're moving forward. We're still fighting for you."