newYou can now listen to Fox News articles!
Members of the Iranian opposition group filed a lawsuit against the Iranian president for his role in the 1988 massacre of dissidents, weeks before the president was scheduled to address the United Nations General Assembly. .
“Plaintiffs actually suffered the injuries they claimed to have suffered. Those who were murdered were actually murdered. They were killed.
“There is no doubt about it. Amnesty International confirms it. The State Department confirms it … We will have the opportunity to speak publicly before a federal judge. I want it, and I think my client deserves it.”
Iranian President Ebrahim Raisi took office in August 2021 after elections marked by low voter turnout and accusations of election fraud.
US launches second strike against Iran-backed militias in Syria
In 1988, he played a key role in the Execution Commission for political prisoners and was then Tehran’s Prosecutor General from 1989 to 1994.
Amnesty International cites figures of between 4,500 and 5,000 men, women and children killed in prisons across Iran. A book published by Ali Montazelli cited figures as high as 30,000.
“In the summer of 1988, Raisi and his associates literally decided who would live and who would die, and as many as 30,000 people were brought out to be executed, sometimes hanged in groups of as many as 12 after hearings. He was sentenced,” Schneebaum said. He is also Adjunct Professor in the School of Advanced International Relations at Johns Hopkins University.
“Prisoners were basically asked one question: Do you deny opposition to the regime? That is, in 90% of cases, do you deny membership or support for the MEK?”
Israeli PM on Iran nuclear deal: ‘We will prevent Iran from becoming a nuclear power’
Raisi is controversially scheduled to attend the United Nations General Assembly this year, and many critics are calling on President Biden to deny visa approval for Raisi and his fellow officials. If he appears in the United States, Schneebaum and his clients will have a unique opportunity to serve Raisi and take it to court.
“The Raisi have not set foot outside Iran much in recent years,” Schneebaum explained. But he pointed to another member of the 1988 commission, Hamid Nouri, whom Swedish authorities arrested last year and faced criminal charges for his role.
“He plans to physically remain in the United States, and our contention is that he has sufficient U.S. ties to justify U.S. federal court jurisdiction over him,” he added. I was.
The biggest hurdle facing the lawsuit, other than ensuring Raisi’s physical presence in the United States, is the issue of immunity. As a visiting dignitary, Raisi may have diplomatic immunity, but Schneebaum believes the Iranian government structure will help him, as the privileges should apply to “heads of state.” increase.
State Department handouts on the issue noted that most privileges and immunities were “not absolute,” and the Foreign Relations Act of 1978 replaced most of the outdated legislation on the issue. . According to the new provisions, some protections apply only to officials from countries that have ratified the Vienna Convention on Diplomatic Relations or to which the President of the United States has granted privileges and protections.
The Schneebaum case relies on some combination of these gray areas.
Iran says it will only allow nuclear inspections agreed in 2015 deal: ‘One word more’
“Generally speaking, the United States has respected the absolute immunity of the uncited head of state, which is an important term,” he explained. [that] Ebrahim is not Iran’s head of state. He may have the title of president, but he is not an Ayatollah leader because Khamenei is the supreme leader. [and] Hence the Iranian head of state and indeed the Iranian constitution. ”
The State Department did not respond to a Fox News Digital inquiry seeking clarification on the exemption issue.
Schneebaum, who just filed a lawsuit in federal court for the Southern District of New York, cited previous lawsuits, including one against former Filipino dictator Ferdinand Marcos, whom a US court convicted of human rights violations in 2011. She relied on the Torture Victims Protection Act and argued that the statutory issue hinged on making federal jurisdiction available to defendants.
Raisi avoided the Cop26 climate conference Schneebaum acknowledged that his lawsuit could have a similar impact, but believes his clients — victims of the regime — should have a chance.
CLICK HERE TO GET THE FOX NEWS APP
“We play by the rules,” Schneebaum said. “Even if we lose, there’s nothing frivolous about this. I’ve lost cases before. I don’t like losing cases, but I think we have an opportunity here.” “
Fox News’ Adam Shaw contributed to this report.