Kazemi Estate v. Islamic Republic of Iran

Canadian national Zahra Kazemi was a freelance photographer and journalist. In 2003, Kazemi visited the Islamic Republic of Iran (defendant). While photographing protests outside a prison, Kazemi was arrested and imprisoned. While in custody, Kazemi was brutally physically and sexually tortured under the guise of interrogations. After two weeks, Kazemi was brought to a military hospital with a significant head injury, multiple broken bones, damaged genitals, broken fingernails and toenails, a crushed eardrum, and other injuries. Against the family’s wishes, the hospital declared Kazemi brain-dead and ended her care, and she died. Kazemi’s son (plaintiff) and her estate (plaintiff) filed a civil lawsuit in a Canadian court against the state of Iran; Iran’s head of state, Ayatollah Sayyid Ali Khamenei (defendant); Iranian prosecutor Saeed Mortazavi (defendant); and the prison’s deputy chief of intelligence, Mohammad Bakhshi (defendant). The complaint alleged that Mortazavi had ordered and participated in the torture and that Bakhshi had interrogated, assaulted, and tortured Kazemi. Iran, Khamenei, Mortazavi, and Bakhshi moved to dismiss the lawsuit, arguing that they were immune from any civil liability in Canada for the alleged official acts of torture in Iran. The lower courts ruled that state immunity barred the lawsuit. Kazemi’s son and estate appealed to the Canada Supreme Court.