The Statement by Association of Families of Flight PS752 Victims regarding the Court of Appeal’s Decision to Uphold the Finding of Negligence Against Ukraine International Airlines
This week, the Court of Appeal for Ontario upheld the lower court’s finding of negligence against Ukraine International Airlines (UIA). The lower court had determined that UlA was negligent in failing to prevent Flight PS752 from departing Tehran on January 8, 2020. The lower court’s ruling found the Islamic Republic’s reports unconvincing and rejected the regime’s claim of human error.
The families of victims of most aviation disasters, including 9/11 and Flight MH17, have questioned airlines about their risk assessment processes in wartime situations. Flight PS752 is no exception.
This court case examines the risks before the plane’s takeoff from Tehran Airport and does not diminish the criminal responsibility of the Islamic Republic’s perpetrators for the downing of the flight. The lower court’s ruling included many points against the Islamic Republic, and the Court of Appeals decision affirmed these findings.
This legal action was brought independently by many of the victims’ families. The Association’s support for the families in this matter was limited to answering their questions and sharing information that had previously been gathered as part of the Association’s fact-finding efforts and our ongoing work.
The Association of Families of Flight PS752 Victims remains committed to seeking truth and justice for the victims of the flight. such rulings will compel airlines to cancel flights in the event of wartime conditions, as has happened repeatedly in the past six years in the Middle East and Iran, independent of the information they receive from governments. This ruling does not negate or diminish the responsibility of the Islamic Revolutionary Guard Corps and the Islamic Republic of Iran for the downing of Flight PS752; rather, it emphasizes it. Legal actions at the International Civil Aviation Organization, the International Court of Justice, and the International Criminal Court in The Hague will not be affected by this ruling.
