Saharareporters, New York
New York- Spanish Air carrier, Iberia Airlines has been sued in a U.S Court by the parents of late Osamuyia Aikpitamhi, who was murdered by both the Spanish immigration officials and the Iberia Airlines aboard the Iberia Airlines plane on June 8, 2007 while being deported from Spain. In a release by the attorneys for the deceased parents, Messrs Femi Falana and Kayode Oladele, the lawyers stated that “having examined the circumstances of his (Osamuyiwa) death, it is our opinion that the conducts, actions and or omissions of the Iberia Airlines clearly attract serious legal consequences which we intend to pursue to its logical conclusions”.
The Complaint which was filed at the U.S District Court, Eastern District of Michigan alleges several acts of negligence, gross negligence and crimes against humanity and dignity of man against the Iberia Airlines. Narrating the factual basis for the claim, the Plaintiff, Mr. Jacob Aikpitanhi, who sued in his individual capacity as the father of the decedent alleges among others that On June 9, 2007, Mr. Osamuyia Aikpitanhi, 23 years old, was killed while being deported from Spain by the Spanish Immigration authorities aboard an Iberia flight to Nigeria with the active support and acquiescence of the Defendant airlines which has the responsibility to ensure lives and safety of passengers aboard its aircraft.
He further avers that in a bid to deport Mr. Aikpitanhi, the decedent, from Spain to Nigeria , the Spanish law enforcement agents and the Defendant Iberia airline employed measures that were unreasonable, inhumane, illegal, and, ultimately, fatal. That before the decedent was put in the Defendant’s aircraft, the police administered tranquilizers on the decedent, handcuffed him, chained his legs, gagged his mouth with industrial strength rubber and put a sack, over his head, after which they had taken turns beating him before securing the assistance of the Defendant Iberia Airlines to complete the final process of torturing and killing the deceased on board the airplane.
Continuing, the Complaint alleges that while on board the Defendant aircraft, the decedent was subjected to pains, torture and inhuman treatment despite the fact that the decedent did not constitute a threat to other passengers in the aircraft and shortly after the aircraft became air borne, the decedent died. He died an inhuman death - bound, gagged and soiled in his own waste. He died in the Defendant’s air plane, choking in his vomit, with excrements all over his body and Official medical reports admit the decedent died of suffocation.
On the liability of the Iberia Airlines, the Complaint states that the Airline is liable for the decedent’s death as it was caused by the negligence, gross negligence or other wrongful act or omission of the carrier or its servants or agents who had a duty not to transport the decedent in such a badly dehumanizing and life threatening situation but nonetheless, agreed to carry the decedent and thereby risking the decedent’s life which the decedent eventually gave up. That Iberia Airlines and its agents failed to take all necessary measures to avoid the decedent’s death in its aircraft even though, it was possible for them to take such measures such as refusing to transport the decedent in such an inhuman and dehumanizing condition but the Defendant and its agents negligently carried the decedent in exchange for money. The Complaint recalled that other passengers on board the airplane protested to the Defendant’s agents against the barbaric nature of the decedent’s treatment all of which were ignored by the defendant’s agents. It concluded that the Defendant airline owed the decedent the highest degree of care with regard to the safety of the decedent passenger.
On the culpability of the Spanish Government, Messrs Falana and Oladele stated that “every injustice gives rise to a call for justice that expands to the limits of the injuries suffered. In the light of this, the Spanish government is also clearly culpable in Mr. Aikpitanhi?s torture and wrongful death as the conduct of its agents evidently fell below the internationally recognized standards and norms relating to the dignity of man and safety of life. Therefore, our office will, in the coming weeks, file a Complaint against the Spanish government before the European Court of Human Rights in France to seek appropriate sanctions and redress”.
The matter with case number 2:07-cv-14468 has been assigned to the Hon. Judge Paul Borman of the U.S District Court in Detroit, Michigan.
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