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Christopher Mason

Canadian sues Iranian government over death of his journalist mother

By Christopher Mason - 3 months ago

 

 

Zahra Kazemi, shown in an undated passport photo, died July 11, 2003 in prison in Tehran.

 

 

Iranian-Canadian photojournalist Zahra Kazemi died violently in 2003 while imprisoned in a Tehran jail. Six years later, her son, Stephan Hashemi, and his mother's estate is suing the Iranian government for $17 million in Quebec courts.

An initial article is here.

 

A report on how the Iranian government defends itself in the case is here. (They claim immunity from charge in Canadian courts. Hashemi's lawyers are challenging the constitutionality of the Act that grants immunity to Iran).

From the initial CBC article:

No criminal charges have ever been laid in Kazemi's death, and Iran contends it can't be sued because it is protected by Canada's State Immunity Act.

But Kazemi says he's waited long enough for justice to be served in his mother's death.

"It's really about time," he told CBC News. "I think more and more people are attentive to this issue, and I believe my mother has succeeded to raise this matter."

Zahra Kazemi, shown in an undated passport photo, died July 11, 2003 in prison in Tehran. (Canadian Press) Kazemi, 54, was arrested outside a Tehran prison in June 2003, as she was photographing relatives of detainees who were holding vigil outside the detention centre.

The Montreal resident was never formally charged with a crime. She died in prison less than a month after her arrest. Iranian authorities reported her death was accidental and caused by a stroke. But other reports suggested Kazemi showed physical signs of torture, severe beating, head trauma and rape prior to her death.

Legal observers say Kazemi has a strong argument for civil remedies given international laws and Canada's Charter of Rights.

I interviewed Stephan Hashemi in Montrealin 2005, and since have from time to time wondered whether anything would come from his protests against his mother's death. It will be interesting to follow this case. It's a tricky one, but as the CBC article says some experts say he has a solid argument based in part on the belief that he would be denied a fair trial if he were to try the case in Iran.

 

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