Campuzano v. Islamic Republic of Iran

Citation281 F.Supp.2d 258
Decision Date10 September 2003
Docket NumberCivil Action No. 01-1655(RMU).,Civil Action No. 00-2328 (RMU).
PartiesDiana CAMPUZANO, Avi Elishis, and Gregg Salzman, Plaintiffs, v. The ISLAMIC REPUBLIC OF IRAN (aka Iran, The Republic of Iran, Republic of Iran, The Government of Iran, Iranian Government, and Imperial Government of Iran), The Iranian Ministry of Information and Security, and The Iranian Revolutionary Guard, Defendants. Jenny Rubin, Deborah Rubin, Daniel Miller, Abraham Mendelson, Stuart E. Hersh, Renay Frym, Noam Rozenman, Elena Rozenman, and TZVI Rozenman, Plaintiffs, v. The Islamic Republic of Iran (aka Iran, The Republic of Iran, Republic of Iran, The Government of Iran, Iranian Government, and Imperial Government of Iran), The Iranian Ministry of Information and Security, Ayatollah Ali Hoseini Khamenei, Ali Akbar Hashemi-Rafsanjani, and Ali Fallahian-Khuzestani, Defendants.
CourtU.S. District Court — District of Columbia

FINDINGS OF FACT AND CONCLUSIONS OF LAW

URBINA, District Judge.

I. INTRODUCTION

On September 4, 1997, Hamas carried out a triple suicide bombing ("the bombing") at the crowded Ben Yehuda Street pedestrian mall in Jerusalem, Israel. The plaintiffs in these two consolidated actions are American citizens who were injured by the bombing. They allege that the defendants are responsible for the bombing because the defendants provided training and support to the terrorist group Hamas. Pursuant to the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. § 1602 et seq., the plaintiffs seek compensatory and punitive damages for their personal injuries caused by the bombing.

These consolidated cases are before the court on the plaintiffs' motions for default judgment. Because the defendants failed to appear or respond to the plaintiffs' complaints, the Clerk of the Court entered defaults against them. Pursuant to the FSIA's hearing requirement, the court held a hearing from January 6 through January 9, 2003 to hear the plaintiffs' evidence. Based on its review of this evidence, the court makes the following findings of fact and conclusions of law and grants the plaintiffs' motions for default judgment.

II. FINDINGS OF FACT
A. Procedural Background

1. The Campuzano plaintiffs (Diana Campuzano, Avi Elishis, and Gregg Salzman) filed suit against defendants Islamic Republic of Iran ("Iran"), the Ministry of Information and Security ("MOIS"), and the Iranian Revolutionary Guards ("IRG") on September 9, 2000. The Rubin plaintiffs (Jenny Rubin, Daniel Miller, Abraham Mendelson, Stuart Hersh, Noam Rozenman, Deborah Rubin, Renay Frym, Elena Rozenman, and Tzvi Rozenman) filed suit against defendants Iran, MOIS, and senior Iranian officials Ayatollah Ali Hoseini Khamenei, Ali Akbar Hashemi-Rafsanjani, and Ali Fallahian-Khuzestani on July 31, 2001. Despite being properly served with process pursuant to 28 U.S.C. § 1608, the defendants failed to respond or appear for either of these now-consolidated cases.

2. The Clerk of the Court entered default against the Campuzano defendants on December 6, 2001 and against the Rubin defendants on March 6, 2002. Because both cases arise out of the same terrorist bombing, the court consolidated the two cases for trial pursuant to Federal Rule of Civil Procedure 42(a).

3. Despite the defendants' willful default, the court had to conduct an evidentiary hearing before it could enter a judgment by default against the defendants. 28 U.S.C. § 1608(e); Flatow v. Islamic Republic of Iran, 999 F.Supp. 1, 6 (D.D.C. 1998). Accordingly, the court held a hearing from January 6 through January 9, 2003.

B. The Bombing Incident

4. On the afternoon of September 4, 1997, three Hamas suicide bombers with cases of powerful explosive bombs arrived at the crowded Ben Yehuda Street pedestrian mall in downtown Jerusalem. Trial Ex. ("Ex.") 28 at 1. The bombers packed the bombs with nails, screws, pieces of glass, and chemical poisons to cause maximum pain, suffering, and death. Id.

5. The detonated bombs killed five people and wounded nearly two hundred others, including all three of the Campuzano plaintiffs and five of the Rubin plaintiffs. The plaintiffs injured by the detonated bombs are Diana Campuzano, Avi Elishis, Gregg Salzman, Jenny Rubin, Daniel Miller, Abraham Mendelson, Stuart Hersh, and Noam Rozenman. Four of the Rubin plaintiffs, although not present at the bombing, were emotionally harmed as a result of the injury the caused to their family members. These four plaintiffs are Deborah Rubin, Renay Frym, Elena Rozenman, and Tzvi Rozenman.

6. Israeli police arrested and charged two Hamas operatives, Muaid Said Bilal (Bilal) and Omar Abdel Rahman al-Zaban (Zaban) for participation in the bombing. Exs. 3 §§ 69-70, 7 § 27. An Israeli court subsequently convicted both Bilal and Zaban of multiple counts of murder, attempted murder, and active membership in Hamas. Id. Bilal, Zaban, and other members of their Hamas cell gave Israeli authorities a detailed account of the planning, funding and execution of the September 4, 1997 bombing. Trial Tr. (Tr.) at 1/29-31; Exs. 3 §§ 70-71, 7 § 28.1

7. Hamas claimed responsibility for the bombing. Tr. at 1/9, 1/27-29, 1/53; Exs. 3 § 69-83, 4 § 22, 7 § 26.

C. The Relationship Between Iran and Hamas

8. Hamas, an Islamic militant terrorist organization, has a close relationship with Iran. Tr. at 1/15; Exs. 3 § 14, 40 at 3, 56 at 5.

9. Iran provides ongoing terrorist training and economic assistance to Hamas. Exs. 3, 4, 7 §§ 13-19, 56 at 9, 12. Dr. Bruce Tefft, an expert in the field of terrorism, testified that Iran's support of Hamas was $30,000,000 in 1995. Tr. at 1/17. Another expert in terrorist activities, Dr. Patrick Clawson, testified that Iran supported Hamas with $20,000,000-50,000,000 annually over the past decade. Id.

10. Iran funnels much of its support to Hamas through MOIS, a ministry with approximately 30,000 employees and a budget of between $100,000,000 and $400,000,000. Tr. at 1/78, 1/81; Ex. 4 § 33. With Iranian government funds, MOIS spends between $50,000,000 and $100,000,000 a year sponsoring terrorist activities of various organizations such as Hamas. Tr. at 1/113.

11. IRG is the military wing of MOIS. Ex. 56 at 7-8. Under the direction of MOIS, IRG provides professional military and terrorist training to Hamas operatives responsible for executing terrorist acts throughout the Middle East. Id.; Ex. 3 § 32. Dr. Tefft testified that IRG is MOIS's "action arm or paramilitary arm" responsible for "implementing the military or quasi-military actions abroad." Tr. at 1/12.

12. Iranian governmental support for terrorism is an official state policy and the approval of high-ranking Iranian officials, including Ayatollah Ali Hoseini Khamenei, Ali Akbar Hashemi-Rafsanjani, and Ali Fallahian-Khuzestani, was necessary for Iran and MOIS to support Hamas with training and economic assistance. Tr. at 1/34, 1/50-53, 1/80-81; Exs. 3 §§ 50-54, 4 §§ 18, 34. Irans support of Hamas could not have occurred without this senior leadership approval. Exs. 3 § 50, 4 § 34.

13. The bombing also would not have occurred without Iranian sponsorship. Until his death in November 2001, Hamas operative Mahmoud Abu Hanoud organized, planned, and executed a large number of deadly terrorist bombings, including the bombing at issue here. Tr. at 1/44, 1/51, 1/64-70; Exs. 3 §§ 39, 57-63, 7 §§ 14-18, 30. Without the material support and resources the defendants provided to Hamas, particularly the terrorist training of Hamas operative Mahmoud Abu Hanoud, Hamas could not have carried out the bombing. Tr. at 1/19-20, 1/71-72; Exs. 3 §§ 58-59, 4 § 35, 7 § 38-40.

14. Yigal Pressler, a counter-terrorism advisor to the Israeli prime minister who has specialized in terrorism for 30 years, confirmed Iran's sponsorship, training and economic support of Hamas. Ex. 56 at 12.

15. Since 1984, the U.S. Department of State has included Iran on its list of state sponsors of terrorism. Tr. at 1/76, Ex. 28 at 4. According to the 1997 Global Patterns report, Iran was the principal state sponsor of terrorism from 1996-1997. Id.

D. The Plaintiffs
1. The Plaintiffs Present at the Bombing (1) Diana Campuzano

16. Diana Campuzano is, and was at the time of the bombing, an American citizen. Tr. at 2/8.

17. Prior to her visit to Israel and the bombing, Ms. Campuzano worked as a sales associate in a clothing store in New York, New York. Id.

18. After the bombing, Ms. Campuzano was taken to the emergency room at Hadassah Hospital, where she arrived in a life-threatening condition. Ex. 64 at 22. She was completely disoriented, her skin was badly burned, her brain leaked cerebral spinal fluid from a massive skull fracture, and she was blind and hearing impaired. Id. at 22-24. She was hospitalized for about six weeks under the care of Dr. Sergey Spektor. Tr. at 2/13.

19. A team of doctors performed a five-hour craniotomy on Ms. Campuzano to remove multiple bone fragments, repair the ruptures in her brain coverings, and repair her anterior skull base fracture with mini plates, bone cement, and her own harvested tissue. Exs. 64 at 25-27, 64B. Dr. Spektor testified to the delicacy of this surgery and explained that it "leaves people very exposed to Post-Traumatic Stress Disorder" ("PTSD").2 Id. Ms. Campuzano's multiple wounds and burns complicated her recovery and caused a life-threatening infection to spread throughout her body. Ex. 64 at 27-28. Doctors administered heavy narcotics to her to reduce the pain. Id.

20. Ms. Campuzano's permanent injuries include impaired vision, damage to the retina of her right eye, cataracts in both eyes, destroyed upper sinus cavity, loss of the ability to taste and smell, destroyed left eardrum. Tr. at 2/1...

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