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Kazemi

In 2003, photojournalist Zahra (Ziba) Kazemi, an Iranian by birth but a naturalized Canadian citizen, was tortured to death in Iran.  She had obtained a permit allowing her to photograph the daily lives of Iranians but government officials arrested her while she was taking pictures of protesters near a prison in Tehran.  During her detention, Iranian prison authorities severely tortured her, breaking several bones and sexually abusing her.  Kazemi was eventually taken to a hospital with internal bleeding and a brain injury.  While she was in a coma at the hospital, Iranian officials initially failed to contact Canadian consular officials and refused to allow her family access to her.  After Kazemi died in hospital, the Iranian government ignored the wishes of Canadian officials and her family that her remains be returned to Canada for burial.  To date, neither the government of Iran nor the individual Iranian officials involved in her murder have been held accountable.

In 2006, Kazemi's son, Stephan Hashemi, filed a civil lawsuit in Montreal against the Government of Iran and three individual Iranian officials: Ayatollah Ali Khamenei, Iran's Supreme Leader; Tehran's Chief Public Prosecutor, Saeed Mortazavi, who is alleged to have ordered Kazemi's arrest; and Mohammad Bakhshi, the former Deputy Chief of Intelligence for Evin Prison where it is alleged he interrogated, physically assaulted and tortured Kazemi.  The Government of Iran has argued that that the case should be dismissed because it is immune from suit under Canada's State Immunity Act.  That law provides immunity to foreign governments from civil lawsuits except in certain circumstances.  A previous case brought in Ontario against the Government of Iran was dismissed when the courts found that the State Immunity Act applied even to charges of torture.

The Kazemi lawsuit provides an important opportunity to demonstrate that the State Immunity Act should not shield governments or individual officials from accountability for torture.  In December 2009, the Quebec Superior Court heard arguments on the immunity issue.  The CCIJ intervened in the proceedings to offer our unique perspective on the need for survivors of atrocities to have access to redress through the Canadian courts.  The court concluded the hearing with a final day of arguments on March 8, 2009.  The CCIJ is represented pro bono in the case by Sylvain Lussier and David Grossman of Osler, Hoskin & Harcourt LLP.

Read CCIJ's March 2010 op-ed, which appeared in the Hill Times.

Read the CCIJ's Media Advisory / Avis aux médias about the December hearing and check out media coverage here.

Read the CCIJ's Notice and Plan of Argument, filed with the court in November 2009.

More information about Zahra Kazemi is available from the Ziba Kazemi Foundation at www.zibakazemi.org.