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Hossein Ahmadi Niaz

On July 31, 1988, was a dark day for the people of Zardeh village in Kermanshah. Four days after the acceptance of Resolution 598, this impoverished village was targeted by Saddam’s Ba’ath regime for a chemical bombing, resulting in 275 martyrs and over a thousand injured and wounded. This tragedy coincided with Operation Mersad, making it impossible to provide immediate aid to the wounded as all roads were blocked and the mountainous terrain of Dalaahou made it difficult to pass. This tragedy has cast a dark shadow over Zardeh. Syed Fereidoun buried his father, five brothers, and other family members, a total of eight people, near the tomb of their grandfather. Another woman from the village buried nine of her relatives. The people of the village are all united in their constant companionship, and that is their respiratory spray.

Yellow citizens, as the supporters of justice, are accounted for. The culture of these people is based on monotheism and seeking peace. Equality, tranquility, peaceful coexistence, a tendency towards music, kindness and humanity, respect for human dignity, respect for other beliefs and customs, and avoidance of war and violence are the noble qualities of the yellow citizens; yet they themselves have become victims of war. The yellow people are the only speakers of the beautiful Kolehri language and the combination of these two creates their language.

After the bitter incident of the chemical bombing in Zardeh, unfortunately the commission for determining the percentage of disability did not file cases or did not deem them worthy of disability for many of the residents of this village. This was mainly due to the lack of understanding of the members of the relevant commission about the conditions of war at that time and the lack of access to Kermanshah due to the Mersad operation. This incorrect approach has violated the rights of the people in this region. On the other hand, many residents of Zardeh claim that they have not received full compensation for their necessary rights in this matter.

The letters and words of these oppressed people are plentiful, but there are important points that need to be remembered. The lack of support from civil institutions or the absence of any non-governmental organization to support them is a crucial issue. The tragedy of Zarandeh has been much more severe and widespread than the bitter incident of the chemical bombing of Sardasht, but the establishment of the civil institution, the Association for the Support of Chemical Victims of Sardasht, has been able to bring the voice of the oppressed victims of Sardasht to the world in a desirable manner. While the victims of Zarandeh have been unable to do so for various reasons, their voices have never been able to reach Tehran from the mountains of Dalahoo.

Now, at the request of the villagers and free of charge, I have taken on the responsibility of representing all the victims of the Yellow Dhalahou chemical attack. On one hand, I will be able to pursue the rights of the victims in domestic judicial and administrative bodies, and on the other hand, I will take action in international courts to file a lawsuit and condemn the perpetrators and sellers of chemical weapons to Saddam’s regime. However, there is a very important issue that always exists, which is the compensation for the damages inflicted on the villagers by the Iraqi government. According to Resolution 598 and international documents, the former Iraqi government was recognized as responsible for the war and obligated to compensate for the damages inflicted on Iran. Unfortunately, the actions of the Iranian government have not led to the realization of this matter. The Iraqi government is obligated and responsible, according to international laws and regulations, to compensate for the damages inflicted on each and every victim and their families from the Yellow Dhalah

Now the question arises, from what legal mechanism can we seek benefit? This issue can be examined in both domestic judicial authorities in Iran and in the judicial authorities of countries that assisted the regime of the former Iraqi government. This has also been addressed for the victims of the chemical attack in Halabja. It is important to note that the examination of the obligation of the perpetrators and the guilty government of the former Iraqi regime to pay punitive damages. Punitive damages are solely for compensating for the moral damages suffered by the victims and the families of the victims of the chemical attack. For example, Mr. Seyed Fereidoun, who lost 5 brothers and his father, has suffered immeasurable losses.

Although this tragedy cannot be compensated with money, it is a remedy for the pain of these oppressed people. The reality is that the injured people of Zardeh Dalo, like the enraged ones on the ground, have been subjected to double oppression, but they have the right to receive and restore their rights according to international and domestic laws and regulations. In this regard, the President, as the executor of the law and defender of the rights of the nation, is obligated and committed to supporting and upholding the rights of the people of Zardeh Dalo, in accordance with Articles 3, 19, 22, 113, and 121 of the Constitution.