Decree of the Iran Council of Ministers on Reaching Conciliation with Survivors of the Victims of Ukrainian Plane Crash

J.Nouraei & M.Mostafavi Law Offices -19 January 2021- Iran has agreed to a compromise with the survivors of the victims of Ukrainian airliner Flight No. 752, shot down by missile fire on  18/10 /1398(8 January 2020). Notwithstanding, the decree keeps the door open for the survivors to file criminal cases.

Hereunder is our unofficial translation of the decree published in Farsi in the Official Gazette No. 22091, dated 14 January 2021.

Board of the Government

Approving Authority: Council of Ministers

Number of the Special Issue: 1360

Decree Regarding Conciliation with the Holders of Possible and Conceivable Rights of the Survivors of the Victims of the Ukrainian Plane Crash Incident (Flight No. 752 -8 January 2020)

No. 118136/T58341H

16/10/1399 (5 January 2021)

 Ministry of Roads and Urban Development; Ministry of Foreign Affairs; Ministry of Economic Affairs and Finance; Ministry of Defense and Armed Forces Logistics; Ministry of Justice; National Plan and Budget Organization; Legal Deputy of the President; Central Bank of the Islamic Republic of Iran.

The Council of Ministers in its session of 10/10/1399 (30 December 2020), while paying tribute to the souls of the victims of the Ukrainian plane accident and expressing sympathy again with their survivors, on the recommendation of the Legal Deputy of the President and in accordance with Articles 138 and 139 of the Constitution of the Islamic Republic of Iran, empowered the Ministry of Roads and Urban Development to embark on reaching a mutual conciliation agreement with the holders of probable and conceivable rights of the survivors of the victims of the crash of the Ukrainian plane (Flight No. 752 -8 January 2020) and other holders of probable rights related to the accident, as follows:

1-The Ministry of Roads and Urban Development is permitted and commissioned with respect to all the disputes and claims related to the crash of the Ukrainian plane (Flight No. 752 -8 January 2020) to reach conciliation with all the parties to the said disputes and claims. Voluntary payment for damages to survivors of the deceased persons of the mentioned accident are to be paid through the credits approved by the Supreme Leader on 7/10/1399 (27 December 2020).

2. The subject of conciliation foreseen in Clause (1) of this decree and the damages payable to the survivors of the victims of the incident (with regard to the deceased Iranian nationals on the basis of the law of Iran and with regard to the deceased foreign nationals on the basis of the law applicable to them), by taking into consideration the international customs and practice and  compensating any damages related to each of the deceased, shall be determined at the amount of $150,000 or its Euro equivalent (for the passenger and his/her baggage).

Note 1: Payment of damages exceeding the above amount is limited only to the value of the assets or items declared to the customs officials at the time of the flight.

Note 2: The assessment prescribed in this clause is only applicable to the accident subject of this decree and in no other cases can it be invoked or applied.

3. Arrangements, the executive method of conciliation and payment of damages, shall be in line with a method of action to be drafted according to the agreement of the Legal Deputy of the President and the ministries of Roads and Urban Development, Foreign Affairs and Economic Affairs and Finance and, if needed, with cooperation of the Judiciary Power (Judicial Organization of the Armed Forces) and implemented by the Ministry of Roads and Urban Development.

4. In view of the foreign nationality of some parties to the conciliation, for concluding and execution of conciliation agreements with them, the required permits, as the case may be, shall be obtained from the competent legal authorities.

5. The conciliation stipulated in this decree shall govern the damage caused by the plane crash accident and does not negate the right to pursue the criminal aspect of the matter through the competent judicial authority under the law.

First Vice President

Eshaq Jahangiri

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