Iran 'misses' compensation deadline, countries threaten 'subsequent actions'

ERBIL, Kurdistan Region - Two years since an international flight was downed by Iranian forces, a joint statement issued on Thursday by an international group of countries representing the victims has criticised Iran for ignoring repeated requests for dialogue and failing to provide compensation to the families of those killed in the disaster, pledging to pursue alternative routes to achieve justice.

Iran missed Wednesday’s deadline to engage in discussions to provide compensation to the families of the 176 civilians who lost their lives when the plane they were travelling to Kiev in was shot down by the Islamic Revolutionary Guard Corps (IRGC) in January 2020, which had been presented to Tehran by the Coordination Group composed of Canada, Britain, Ukraine and Sweden last month, promising on Thursday to “focus on subsequent actions” in order to “resolve this matter in accordance with international law.”

Passengers and cabin staff aboard the flight to Ukraine were killed over Tehran on January 8, 2020, shortly after take-off from the capital, when Iranian forces misidentified the airliner for an American cruise missile and shot it down, days after a United States airstrike killed the IRGC’s commander Qasem Soleimani in Baghdad.

“We, Ministers representing Canada, Sweden, Ukraine, and the United Kingdom, honour the memory of the 176 innocent passengers and crew who lost their lives that day. We will never forget this senseless loss of life and stand in solidarity with the victims’ families,” the statement said, adding that they “deserve transparency, justice and accountability.”

As countries composed of the majority of nationalities killed in the tragedy, the group of states declared that they had been “specially affected by Iran’s breaches of international law”, and are determined to see respect for the rule of law, through Iran’s engagement in “good-faith negotiations”, and to “make full reparations” for the downing of the flight.

The group had asked Iran to commit to engaging in negotiations by 5 January, 2022, instead receiving an unequivocal response from Iran on December 27, stating that it did not see a need to engage in talks.

"We will not stand for this affront to the memories of the 176 innocent victims," the statement responded. "Despite our best efforts over the past 2 years and multiple attempts to resolve this matter through negotiations, the Coordination Group has determined that further attempts to negotiate with Iran on reparations for the destruction of Flight PS752 at this time are futile. The Coordination Group will now focus on subsequent actions to take to resolve this matter in accordance with international law."

"We remain united in our commitment to hold Iran accountable for the actions and omissions of its civil and military officials that led to the illegal downing of Flight PS752 by ensuring that Iran makes full reparations for its breaches of international law," it concluded.

The Iranian foreign ministry said in a statement marking the anniversary of the tragedy on Friday, however, that "the transport ministry has made transfers to a certain number of (victims') families."

Arash Khodaei, a vice president of Iran's Civil Aviation Organisation, said that "the sum of $150,000 has been transferred" to some families, while "the process has begun" for others, reported by AFP.

The payment "does not infringe upon (their) right to take legal action," state news agency IRNA quoted him as saying.

In 2020, Iran offered to pay "$150,000 or the equivalent in euros" to each of the victims' families, with Ukrainian and Canadian officials strongly denouncing the announcement, on the basis that compensation should not be settled through unilateral declarations.

Iran's judiciary said in November that a trial had opened in Tehran for 10 military members in connection with the jet's downing.

A separate, recent ruling in a Canadian court made public this week ordered Iran to provide damages amounting to $84 million, plus interest, to the families of victims, with a lawyer for the plaintiffs suggesting that this could include Iranian-owned assets and investments accessible in Canada and across the world.

The lawyer for the families, Mark Arnold, expressed his intention to "pursue everything and everyone related to the Islamic Republic," as reported by Radio Farda. "Whether in Canadian banks, real estate in Canada, participation in Canada and in Canada as a whole and internationally."

Updated at: 21:00