Zahra Kazemi's son can't overcome state immunity to sue the government, or Iran or key Iranian officials, for allegedly torturing and killing his mother, Canada's top court says.
Stephan Hachemi has devoted the past decade raising awareness about his mother's story since her death in 2003.
But in the decision released Friday, the Supreme Court of Canada says the law excludes redress for torture committed outside Canada.
"State immunity is not solely a rule of international law, it also reflects domestic choices made for policy reasons, particularly in matters of international relations," Justice Louis LeBel wrote in the 6-1 decision.
Zahra Kazemi died in 2003 in Iran's notorious Evin Prison. (Canadian Press)
"Canada's commitment to the universal prohibition of torture is strong. However, Parliament has made a choice to give priority to a foreign state's immunity over civil redress for citizens who have been tortured abroad. That policy choice is not a comment about the evils of torture, but rather an indication of what principles Parliament has chosen to promote."
Justice Rosalie Abella was the dissenting voice on the decision.
Kazemi, an Iranian-born Canadian photographer, was arrested and detained in the notorious Evin Prison in Tehran in 2003. She was allegedly tortured and sexually assaulted by Iranian officials, and later died. Her body was never returned to Canada.
Hachemi and Kazemi's estate filed a civil lawsuit seeking damages for her death in 2006, but the Iranian government, citing the principle of state immunity, argued it is exempt from pursuit in Canadian courts.
The State Immunity Act prohibits lawsuits against foreign states in Canadian courts.
Hachemi countered with a constitutional challenge arguing that if the act barred their claims, it would be going against the Canadian Bill of Rights as well as the Canadian Charter of Rights and Freedoms.
The Canadian government intervened, saying if Hachemi is allowed to sue Iran, Canada could lose its immunity abroad and that relations with other countries could suffer.
The case went to the Supreme Court last December following a ruling in 2012 from the Quebec Court of Appeal.
Anda sedang membaca artikel tentang
Zahra Kazemi's son blocked by Supreme Court from suing Iran
Dengan url
http://politikduniabarat.blogspot.com/2014/10/zahra-kazemis-son-blocked-by-supreme.html
Anda boleh menyebar luaskannya atau mengcopy paste-nya
Zahra Kazemi's son blocked by Supreme Court from suing Iran
namun jangan lupa untuk meletakkan link
Zahra Kazemi's son blocked by Supreme Court from suing Iran
sebagai sumbernya
0 komentar:
Posting Komentar