When you look at her self-portrait you’re met with a piercing stare and a strong face. Her hands grip a small black camera.
Zahra Kazemi's self portrait.
Her expression is halfway between a smile and a knowing glare. She exudes many things—knowledge, creativity, pensiveness, and something else.
“Power,” says her son, Stephan Kazemi.
“My mother exuded power.”
To Kazemi, his mother Zahra was a true hero. She travelled to some of the world’s most war-torn regions—Afghanistan, Iraq, the Palestinian territories—putting herself at risk to listen to peoples’ stories, take their pictures and tell the world what they were going through.
She was a Canadian photojournalist who pursued her craft in the name of pursuing justice for those who couldn’t.
She became a victim of brutal torture in an Iranian jail; a torture that took her life and left more questions than answers.
Her pursuit of justice no longer possible, her son has embarked on his own quest: to find justice for the mother he lost for reasons unknown.
Her challenge was a government that didn’t want its picture taken; his will be a Canadian law.
Changing stories, constant lack of justice
In July 2003, Kazemi got the call. His nightmare began.
"I was informed my mother had died in Iranian custody after they imprisoned her for taking pictures at a political rally. I began contacting the Canadian government to figure out what happened," he says.
"But I don't remember crying; I never broke down."
Kazemi was initially told that his mother died of a stroke. Days later, the story changed: Iranian officials said she died after falling and hitting her head. Within a week, Iran’s vice-president said she was beaten to death. Two years later, a doctor who examined Kazemi’s body after she died said there were signs of torture and a brutal rape.
No one was ever punished for her death. The Iranian government denied all claims of foul play.
“Iran’s inability to provide any answers to what happened to Zahra Kazemi during her custody, torture and death is a gross violation of international law and human rights,” says John Terry, a lawyer who has worked on the Kazemi case.
"It's been an emotional sledgehammer [for Stephan]—not only to lose your mom but to have it done in such a horrific way, and then to gather the strength to seek redress despite all the obstacles,” says Terry.
“He is a courageous young man.”
A courageous young man who says his biggest obstacle is not the Iranian government, but the Canadian one.
Iran's get out of jail free card, courtesy of Canada
“I am not very proud to be a Canadian,” he said. “The Canadian government was complicit in my mother’s case… it has done nothing to punish Iran—no action, no steps, no concrete measures, nothing.”
Seeking his own concrete measures, Kazemi has filed a $17 million lawsuit against Iran in a Montreal civil court. Six years after her death, the hearing into what happened 
Stephan Kazemi wants the Iranian government to take responsibility for his mother's death.to Zahra Kazemi began on Dec. 2.
The hearing should be the beginning of the end for Kazemi, but his opponent has a powerful ally on its side: a Canadian statute called the State Immunity Act, which prevents Canadian citizens from suing foreign governments in Canadian courtrooms.
Iran and the Canadian government, which has to uphold its own legislation, will argue that the statute prevents the Kazemi family from taking action against Iran.
“It’s unfortunate and difficult because the State Immunity Act protects Iran—the judge doesn’t even have to hear the case,” says Doris Buss, a professor of international law at Carleton University. “There is not that much legal maneuvering the Kazemi lawyers can do.”
The notion of state immunity is an international legal precedent that was established to allow representatives of foreign governments to travel freely without fear of arrest or legal action. Buss says there is a current trend in international law to create exceptions to allow citizens to sue foreign governments with current lawsuits taking place in the United States and Italy. Canada is lagging behind, Buss says.
“It’s sad. This statute doesn’t really help any Canadians. But one positive thing is that this case may provide a space to alter Canadian law.”
Kazemi and his lawyer Mathieu Bouchard say they hope that their case can create a new precedent in Canadian international law.
“If the judge hears our case despite the State Imm unity Act we are opening the door to accountability,” Bouchard says.
If the State Immunity Act blocks it, Kazemi says, it will be another roadblock along his path to justice.
“My case can be an example for legal proceedings around the world that justice should be the most important consideration [...] If the court doesn’t hear it, another Canadian institution will have turned its back on my mother.”
Righting legislative wrongs?
In the meantime, while Kazemi and his lawyers battle it out with Iran in a Quebec courtroom, legislators in Ottawa are also working on making justice more accessible for Canadians up against foreign governments.
Two bills are currently before parliament that, if passed, would create exceptions to the State Immunity Act. Bill C-35, introduced by Public Safety Minister Peter Van Loan, would allow Canadians to sue in cases of terrorism, while a private member’s bill, tabled by Liberal MP and former justice minister, Irwin Cotler, would enable Canadians to sue in cases of torture.
“Canadian law regrettably denies a remedy to victims of foreign injustice,” Cotler says. “My bill seeks to right that injustice... we need to value Canadian rights over foreign states, value justice over politics.”
If Cotler’s bill passes, Kazemi says Canada will finally be taking one right step in the pursuit of justice for his mother.
“The truth in the story of my mother is that her rights were not defended, that our government did not defend her citizens’ rights,” he says. “If we make an exception or change the law, I will gain back some of the dignity that my mother deserves.”
But he is not overly confident in Canadian government.
“I support the bill but after six years of being disrespected and lied to I’m not going to trust anything until I see a real true sign of justice,” Kazemi says. “My question is why did they wait so long? Better late than never but I’m not going to applaud [them]…”
Like mother, like son…
But regardless of where change comes from, the case of Zahra Kazemi is helping to fuel it, according to Matt Eisenbradt, a lawyer with the Canadian Centre for International Justice.
“This case has the potential to alter a Canadian law which is being used to protect torturers while cutting down the opportunities for victims to get justice,” Eisenbradt says.
“Stephan and the memory of his mother could fundamentally change Canadian and international law.”
No matter the outcome, Kazemi says he will continue to seek justice for his mother, just as she kept taking pictures of the less fortunate to tell their harrowing stories and inspire action.
“My mother kept on doing what she believed in, even when she was in danger. It was a long journey for her but she believed in it,” he says.
“I believe in finding her justice.”
