| Iran to defend itself in ongoing legal dispute over Persian artifacts |
| Written by Ehsan Tabesh | |
| Thursday, 10 August 2006 | |
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Washington DC - The ongoing legal
dispute between victims of a 1997 terror bombing in
Israel and Chicago museum and Iran (Rubin v. Iran) over
ancient Persian artifacts from Persepolis has struck a
chord within the Iranian-American community.
The controversy arose from an Illinois District Court
decision to award $423.5 million to the victims of the
terror bombing. The plaintiffs seek to confiscate and
auction off the ancient Persian tablets to the highest
bidders as compensation for the attacks.
The decision has since been appealed and challenged by lawyers defending the University of Chicago and Iran on several grounds which include the invocation of a “sovereign immunity” principle that protects foreign governments from being sued by U.S. citizens. In order to argue this point, Iran has recruited a legal defense team to advance its immunity claim and will present its case at an August 21 hearing in Chicago. “Iran’s decision to attend the August 21 hearing reduces the immediate danger for the artifacts to be confiscated and sold to private parties for the time being,” explained Mr. Babayi, Executive Director of the Iranian American Bar Association (IABA), as he noted that even if a judgment is made against Iran, the defense may still immediately appeal the judgment . Meanwhile, according to the IABA, another litigation by the same plaintiffs effort is pending in Boston, as plaintiffs seek to seize historical Iranian origin assets that are presently in the hands of Harvard University, but it is not clear whether the Iranian government or Harvard own the assets. If owned by Harvard, the plaintiffs in the Boston case may not have a chance in seizing the assets. The Iranian government has not yet made an appearance in the Boston case. According to IABA, the Department of Justice has on two separate occasions, issued statements of interests on behalf of the University of Chicago and Iran arguing that the burden lies on the attorneys of the victims to establish an exception to the Sovereign Immunity principle, which on face prevents suits against a foreign nation. However, since Iran has decided to appear in court and defend its asserted right to Sovereign Immunity, this issue is now moot and the Department of Justice has indicated that it will not act further. The outcome of the August 21st hearing will determine the next steps that need to be taken. Should Iran fail to successful assert its defense against the ongoing suits, additional measures will be necessary. Supporters of Rubin are already placing political pressure on Congress and the DOJ to support efforts to confiscate these priceless relics. “The Iranian-American community must be prepared to counteract these efforts by informing their representatives that these culturally significant artifacts should not be sold for private profit,” explained Mr. Babayi. Having already catalyzed a grassroots campaign that recently prompted Iranian-Americans to flood the US Department of Justice with letters calling for the protection of the artifacts, NIAC continues to work with the IABA to ensure that the cultural heritage of Iranian Americans are defended.
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