Press Release
 

 

• March 9, 2012

The Quebec Court of Appeal sets the dates of the hearing for the appeal to 13 June, 2012.


• February 24, 2011

Ziba Kazemi's Estate files an appeal against Judge Mongeon's judgment dismissing its claim. The Iranian Government files an appeal against the decision that allows Stephan to pursue his own recourse.


• February 4, 2011 ÷ Judgement from Justice Robert Mongeon

 

Estate of the Late Ziba Kazemi and Stephan Kazemi versus Islamic Republic of Iran: decision from Judge Robert Mongeon



• March 8, 2010

Last day of hearing. Once again, the court room is packed with supporters: some of the audience has to stand and many have to wait and stand outside. In the 5 days of hearing, Ziba Kazemi's defense team, accompanied by Sylvain Lussier and David Grossman (representing the Canadian Centre for International Justice) and François Larocque (representing Amnistie internationale, Section Canada francophone), gives a remarkable and historical performance. Adequate and logical interpretation of the law, with adequate research.
The whole audience is impressed by this grand contribution to human rights.



• February 25, 2010 ÷ Our legal Argument Plan (PDF)

 

Estate of the Late Ziba Kazemi and Stephan Kazemi versus Islamic Republic of Iran: Hearing resumes on March 8, 2010

 

This March 8, International Women’s Day, will be held the last day of the hearing of the Islamic Republic of Iran’s motion to put an end to the legal proceedings launched by Stephan Kazemi, Zahra Kazemi’s son, further to her arrest, detention, torture and murder by Iranian authorities in July 2003. The attorneys for Mr. Kazemi, as well as those for the Canadian Centre for International Justice and for Amnistie internationale Canada, Section francophone, will be granted one last chance to explain to the Superior Court that this case must follow its course before a Canadian court, in furtherance of fundamental human rights recognized throughout the world and so that justice may be done.

 

The hearing will begin at 9:15 a.m., in room 16.04 of the Montreal Courthouse, located at 1 Note-Dame Street East.

 

 

Contact information:
Stephan Kazemi

info@zibakazemi.org

 

 

IRVING MITCHELL KALICHMAN   S.E.N.C.R.L./LLP
Kurt A. Johnson  & Mathieu Bouchard
Tel: (514) 935-4460

www.imk.ca

 

 

• Decembre 7, 2009

 

Quebec Superior Court

1 Notre-Dame Est
Montreal (Quebec) H2Y 1B6
(between Champ-de-Mars and Place-d'Armes metro stations)

 

 

 

• Decembre 4, 2009

 

The hearing of Monday December 7, will be held from 9:00 AM. Room is 14.09

 

 

 

• December 3, 2009

 

The hearing of Friday December 4, will be held from 9:30 AM. Room is 14.09

 

 

 

• December 2, 2009

 

The hearing of tomorrow, Thursday December 3, will be held from 9:30 AM. Room is 14.09

 

 

 

• December 1, 2009

 

The hearing will be held from 9 AM. The judge is Robert Mongeon and the room is 14.09

 

1 Notre Dame Est
Montreal, H2Y, Canada
(800) 465-4949

 

 

 

November 24, 2009

 

Hearing will be held in Montreal from December 2 to 8, 2009

 

Estate of the Late Ziba Kazemi and Stephan Kazemi versus Islamic Republic of Iran

 

In the summer of 2006, Stephan Kazemi launched a civil action before the Superior Court of Quebec against the Islamic Republic of Iran, its Supreme Leader, as well as the two officials who were directly responsible for the arrest, detention, torture and death of his mother, the late Zahra Kazemi. Stephan is seeking moral, physical and punitive damages on behalf of his mother’s estate and his own behalf. Most importantly, he is attempting to bring to justice those who were responsible for Ms. Kazemi’s torture and death, who so far have enjoyed impunity for their brutal acts.

 

After two years of procedural skirmishes, a first hearing in the case will be held from December 2 to 8, 2009, at the Montreal Courthouse. At that time, Iran will present its motion to dismiss the case, invoking the State Immunity Act. This federal statute bars proceedings against foreign states before Canadian courts, except under limited circumstances, none of which appears to apply in this case.

 

To counter Iran’s motion, Stephan’s lawyers have raised the incompatibility of the State Immunity Act with the Canadian Bill of Rights, a quasi-constitutional statute that guarantees for every Canadian the right to a fair hearing in accordance with the principles of fundamental justice, whenever their rights and obligations are at issue.

 

The argument that will be presented to the Court on Stephan’s behalf rests on the proposition that in the event that the action is dismissed in Montreal based on state immunity, Stephan and his mother’s estate will be forced to pursue their recourse before Iranian courts. Given the highly political nature of the case and its sensitivity to the Islamic Republic of Iran, they would not be able to obtain a fair hearing, in violation of the Bill of Rights. Stephan and his mother’s estate are therefore asking the Superior Court to declare the State Immunity Act inoperative in this particular case so as to allow them to seek justice against the perpetrators of such gross violations of basic human rights in Quebec, where they can expect to receive a fair and just hearing of their case, without outside interference.

 

The Canadian Centre for International Justice (www.ccij.ca) & Amnesty International (section francophone) have indicated that they will be intervening in the case to support Stephan's position.

 

 

Contact information:
Stephan Kazemi
info@zibakazemi.org

 

IRVING MITCHELL KALICHMAN      S.E.N.C.R.L./LLP
Kurt A. Johnson  & Mathieu Bouchard
Tel: (514) 935-4460

www.imk.ca

 

 

• May 19, 2009

 

Hearing will be held from December 2 to 8, 2009

 

The hearing of Iran’s motion to dismiss the case based on the State Immunity Act will finally be held from December 2 to 8, 2009, in Montreal, before the Superior Court of Quebec. The hearing is open to the public.

 

 


• May 4, 2009


The parties are invited to meet with the Associate Chief Justice of the Superior Court on May 19 to set the dates for the hearing of Iran ’s motion to dismiss the case.

 

 

 

• January 30, 2009

 

Audience postponed.

 

Three weeks before the hearing of Iran's motion to dismiss was set to be heard, the Canadian Centre for International Justice filed a declaration of intervention, raising a new constitutional argument against the State Immunity Act, namely that by denying any remedy to the plaintiffs in this case, the Act is infringing their human dignity, as protected under the "liberty" concept of s. 7 of the Canadian Charter of Rights and Freedoms. The hearing thus had to be postponed to allow the parties enough time to prepare for this new argument.

 

The parties will be back before the Superior Court on May 4, 2009 to set new dates for the hearing of the motion to dismiss.

 

 

 

• January 26, 2009

 

Estate of the Late Ziba Kazemi and Stephan Kazemi versus Islamic Republic of Iran

 

 

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