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World Iran Could Pay 'Significantly More' Compensation for Downed Plane Than U.S. Did For Destroying Jet in 1988, Expert Says

17:30  14 january  2020
17:30  14 january  2020 Source:   newsweek.com

Ukraine says Iran cooperating in plane crash probe, cautious on blaming missile

  Ukraine says Iran cooperating in plane crash probe, cautious on blaming missile Ukrainian Foreign Minister Vadym Prystaiko said on Friday that Iran was cooperating with an investigation into the crash of a Ukrainian passenger plane, and that Kiev was not ruling out any version yet of what might have happened. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); Canada and others have said the plane was brought down by an Iranian missile, probably by mistake. Prystaiko was more guarded and said Ukraine did not want to come to conclusions yet about what caused the crash.

VIDEOS: Iranians Protest Military' s Role in Downing of Plane Hundreds of Iranians protested in several Iran declined to release a death toll at the time, but Amnesty International said more than 300 "The Iranian government is at a cross-roads moment. It can continue its march towards pariah

President Trump said he does not believe that the crash of a Ukraine-bound Boeing airliner in Iran was due to mechanical failure. Spy satellite imagery suggests that a Ukraine-bound Boeing airliner that crashed shortly after takeoff in Iran was shot down by an Iranian missile, killing all 176 people aboard.

Video by Reuters

Forced to admit responsibility for downing Ukraine International Airlines flight 752 last week, Iran is now facing demands for compensation from the families of those killed and the governments representing them.

The Boeing 737-800 was shot down by an Iranian anti-aircraft battery shortly after taking off from Imam Khomeini airport in Tehran. Hours before, Iran had launched ballistic missiles against American troops in Iraq. Iranian anti-aircraft operators were on high alert, and misidentified the departing Ukrainian aircraft as an enemy military plane.

'Inspiring': Trump tweets in Farsi to speak directly to Iranian people protesting regime

  'Inspiring': Trump tweets in Farsi to speak directly to Iranian people protesting regime President Trump sent out a tweet in Farsi telling Iranians protesting Supreme Leader Ayatollah Ali Khamenei that he stands behind them. © Provided by Washington Examiner“To the brave and suffering Iranian people: I have stood with you since the beginning of my presidency and my government will continue to stand with you. We are following your protests closely. Your courage is inspiring,” Trump said. به مردم شجاع و رنج کشیده ایران: من از ابتدای دوره ریاست جمهوریم با شما ایستاده‌ام و دولت من همچنان با شما خواهد ایستاد. ما اعتراضات شما را از نزدیک دنبال می کنیم. شجاعت شما الهام بخش است.— Donald J.

The United States accidentally downed an Iranian passenger jet in 1988 , killing all 290 people aboard, amid a Mourners carried coffins through the streets of Tehran during a mass funeral for the victims aboard Iran Air Flight 655, which was shot down by the U . S . S . Vincennes in the Persian Gulf in 1988 .

There are now many photos of the plane wreckage available on media sites. Iranian officials say it could take up to two months to download data from the black boxes. An Iranian aircraft was shot down in error in 1988 by a US navy warship, the USS Vincennes, killing 290 people.

Iran initially reported that the plane went down due to technical failure. As first reported by Newsweek, U.S. and Canadian intelligence briefings forced the Iranian regime to admit that its troops were at fault. All 176 people aboard were killed, including 82 Iranians and 57 Canadians. Other victims were from Ukraine, Sweden, Afghanistan and the U.K.

Canada, Ukraine and the U.S. have all demanded that Iran compensate the families of those killed in the disaster. Investigations into the incident have begun, and the subsequent legal process looks set to be a lengthy one.

There are only a handful of similar incidents in modern history. While the situation is similar to the shooting down of Malaysia Airlines Flight 17 by Russian-backed separatists over Ukraine in 2014, Russia nor its separatist Ukrainian allies have ever admitted fault.

Trudeau vows justice, compensation after Iran admits role in downed plane

  Trudeau vows justice, compensation after Iran admits role in downed plane "Iran must take full responsibility," the Canadian prime minister said.As Iran officially confirmed it shot down Ukraine International Airlines Flight 752 in error Saturday, Trudeau took to the microphones for the third time in four days and pledged Canada would not rest until it achieves justice and compensation on behalf of the 176 passengers on that flight.

When a Soviet fighter jet brought down a Korean airliner in the Russian Far East in September 1983, denialists led by In 1988 , when missiles The U . S . never accepted legal responsibility for shooting down the plane , but in 1996, it did agree to pay .8 million in compensation to the victims’ families.

What Iran did is far more typical. Countries that shot down passenger airliners usually admitted it When a Soviet fighter jet brought down a Korean airliner in the Russian Far East in September 1983 The daily Moskovsky Komsomolets had another supposed expert speculate that the U . S . may have

One of the most salient examples of such a situation is from 1988, when the American USS Vincennes guided missile destroyer shot down an Iranian airliner over the Perisan Gulf, killing all 290 people aboard.

In that case, the American sailors—on high alert following multiple clashes with Iranian forces—misidentified Iran Air Flight 655 as an enemy aircraft and shot it down.

Though the U.S. never admitted liability or formally apologized for the incident, the government agreed to pay Iran a $131.8 million settlement—around $216 million in 2020 accounting for inflation—to end a case brought by Tehran in 1989. Of this, $61.8 million was compensation to the families of the Iranian victims.

Slideshow by photo services

Bodies of Ukrainian victims of downed plane repatriated from Iran

  Bodies of Ukrainian victims of downed plane repatriated from Iran The flag-draped coffins of the 11 Ukrainians who died in a plane mistakenly shot down by Iran amid heightened tensions with Washington arrived in Kiev on Sunday. President Volodymyr Zelensky, Prime Minister Oleksiy Goncharuk and other officials attended the solemn ceremony at Kiev's Boryspil airport to see the downed plane's nine Ukrainian flight crew and two passengers being removed from the aircraft, according to live video footage.

Kyiv said that Iran had cooperated with its experts and it expects an objective probe. Tehran has handed Ukrainian experts enough data including “all the Iran ’ s official IRNA news agency published a statement from the military saying the Boeing 737 was mistaken for a “hostile plane ” at a time when

Iran Air Flight 655 was a scheduled passenger flight from Tehran to Dubai via Bandar Abbas that was shot down on 3 July 1988 by an SM-2MR surface-to-air missile fired from USS Vincennes

Steve Marks, a Miami-based aviation attorney and Partner at Podhurst Orseck, has been involved in more than 30 lawsuits on behalf of victims of Boeing 737 Max-8 crashes. He told Newsweek that it is premature to predict how much compensation Iran will have to pay related to the tragedy.

Marks noted that the 1988 incident does not set a precedent "as every situation is unique." Still, he added, "For a variety of reasons, I would expect significantly more compensation to be paid in this case.

"In the event litigation can be maintained in the United States, of course, the compensation figures would be much more significant."

But any compensation will be largely determined by political bodies rather than through traditional litigation, Marks said.

"It is likely that the countries that lost their citizens in this accident—perhaps several of them—will bring claims in the International Court of Justice," Marks said.

a person standing in front of a birthday cake with lit candles: Mourners light candles for the victims of Ukraine International Airlines flight 752 which was shot down over Iran, during a vigil at Mel Lastman Square in Toronto, Ontario on January 9, 2020.© GEOFF ROBINS/AFP via Getty Images/Getty Mourners light candles for the victims of Ukraine International Airlines flight 752 which was shot down over Iran, during a vigil at Mel Lastman Square in Toronto, Ontario on January 9, 2020.

Indeed, it was through the International Court of Justice that the U.S. agreed to pay Iran following the 1988 incident.

"The fact that multiple countries are implicated in this case complicates matters because it could result in unfair or disparate treatment for passengers' families," Marks said. "The best way forward would be for the countries whose interests are implicated in the tragedy to speak with one voice to seek justice."

Iran denies decision taken to send downed plane's black boxes abroad - IRNA

  Iran denies decision taken to send downed plane's black boxes abroad - IRNA IRAN-CRASH/ (URGENT):Iran denies decision taken to send downed plane's black boxes abroad - IRNA

The Iranian government' s admission that they unintentionally shot down a Ukrainian plane , killing all 176 Those team members were set to arrive in Tehran Saturday, according to Trudeau, with more to Bokhari said the pressure from other countries could create a conundrum for Iran . “But it’ s not

Ukraine demands Iran punish those guilty of shooting down airliner killing 176 people and calls for victims' remains to be returned home along with compensation for families. Iran admitted Saturday that it accidentally downed the plane , killing 176. Ukraine said Friday its experts dispatched to Iran had been granted access to the flight' s black ' Iran has shown itself to be more civilised than Russia

How forthcoming the Iranian authorities will be remains to be seen. The head of the country's judiciary, Ebrahim Raisi, said Monday: "People should be assured that all the material and moral rights of the deceased and their families will be fully fulfilled and the establishment is resolute with regard to this issue." However, Marks said it is difficult to predict what Iran may do.

Many of those killed in the incident were Canadian citizens, and Prime Minister Justin Trudeau has taken center stage in international reaction.

Joe Fiorante, a partner at the Canadian Camp, Fiorante, Matthews and Mogerman law firm, told Newsweek he agreed that it is yet not possible to estimate how much compensation Iran will be required to pay.

"The assessment of damages is highly individualistic and involves assessments of lost financial support which in turn requires an assessment of what the decedent would have earned," he explained.

Canadians affected by the incident can claim against Iran either through the Canadian government on a "state to state" basis, or through a claim of civil damages in a Canadian court. The latter option, Fiorante said, is fraught with difficulty.

"Past attempts to sue the state of Iran in the courts of Canada have been dismissed on the basis of state immunity," he said. Iran has also simply not responded to past cases brought this way.

But state immunity does not apply for acts of terrorism and offences against the Convention for the Suppression of Unlawful Activity against Civil Aircraft. Fiorante noted, "This is a highly complex legal issue which involves issues of criminal law, sovereign immunity, and other international conventions."

Fiorante said those affected could also claim against the carrier. If the missile strike is considered an accident—which he said is likely under the 1999 Montreal Convention, to which Canada and Ukraine are signatories but Iran is not—then the carrier could be held liable by a Canadian court.

Iran asks U.S., France for equipment to download downed plane's black boxes

  Iran asks U.S., France for equipment to download downed plane's black boxes Iran asks U.S., France for equipment to download downed plane's black boxes

When a Soviet fighter jet brought down a Korean airliner in the Russian Far East in September 1983 In 1988 , when missiles launched from the American cruiser Vincennes brought down Iran Air Flight The daily Moskovsky Komsomolets had another supposed expert speculate that the U . S . may have Iran signals Canada could play more active role than normal in downed plane probe, official says .

Those on one-way tickets to Canada or round trip tickets from Canada, via Kiev to Tehran and back will fall under Canadian jurisdiction and thus the Montreal Convention, Fiorante explained.

The agreement dictates that, in the event of an accident, a carrier is liable to pay compensation for provable damages up to an initial threshold of around $177,535. Above that, the carrier must prove it was not caused by negligence.

"The question of whether the carrier was negligent for taking off in the circumstances—or other reasons—would come into play," Fiorante said.

This would be "quite complicated" and "almost certainly require a thorough investigation involving experts in aviation accident investigation, air safety, and risk assessment," he explained.

Fiorante's firm was involved in a similar situation on behalf of a Canadian family regarding Malaysian Airlines Flight 17.

"Claims were brought against the carrier on the basis that the shoot-down was an accident and that the carrier was negligent for routing the flight over an active combat zone where there was a known history of surface to air missiles being used," he explained. That case, filed in Canada, was eventually settled for a confidential amount.

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Iran asks U.S., France for equipment to download downed plane's black boxes .
Iran asks U.S., France for equipment to download downed plane's black boxes

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