CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010) For the reasons set forth below, the Court finds that plaintiffs have clearly demonstrated both the Court’s jurisdiction and the defendants’ liability for their injuries ‘‘by evidence that is satisfactory to the Court.’’ 28 U.S.C. § 1608(e). Findings of Fact This Court conducted an evidentiary hearing on December 2, 2009 and December 3, 2009, at which plaintiffs presented evidence establishing, to section 1608(e)’s satisfaction, the following facts. On May 30, 1972, American citizens Carmelo Calderon–Molina (‘‘Carmelo’’) and Pablo Tirado–Ayala (‘‘Pablo’’) arrived at Israel’s Lod Airport near Tel Aviv, as part of a large group of Puerto Rican pilgrims touring Israel and visiting the Christian religious sites in the Holy Land. For many of the participants on this church-organized trip, this was to be the experience of a lifetime, and one for which they had saved up money to finance for many years. Three members of the JRA, disguised as regular passengers, who had just disembarked at Lod Airport on a flight arriving from Italy, recovered their luggage from the baggage carousel. They then removed automatic weapons and grenades from their luggage and began shooting and throwing explosives indiscriminately into the crowd of innocent civilians which included Carmelo, Pablo and other passengers 5 located in the terminal building. 5. Several other persons who were not passengers were also killed by the JRA terrorists. Adam Tzamir, age 11, had accompanied his parents to greet an arriving relative, and was murdered while standing in the arrivals hall (Trial Transcript, Dec. 2, p. 25, ln. 18–22). 6. According to Ze’ev Sarig, Managing Director of Ben–Gurion International Airport from 2004–2009, who was Assistant to the Deputy Director of Lod Airport at the time of the Lod Terrorist Attack (Trial Transcript, Dec. 2, pp. 11–12), an internal-airport terrorist attack had not been perpetrated prior to 445 At the time of the Lod Airport Attack in 1972, there were no armed Israeli security personnel stationed inside Lod Airport,6 and therefore the JRA terrorists encountered no organized resistance. At some point during the Lod Airport Attack, however, two of the terrorists were felled by self-inflicted wounds (one from a ricocheting bullet and the other by a prematurelydetonated grenade), at which time the third terrorist raced outside of the terminal building with the intention of blowing up several aircraft located on the tarmac. (Exhibit No. 2, ¶ 24) This third terrorist, Kozo Okamoto (‘‘Kozo’’), was eventually neutralized by Claude Chanan Zeitoun (‘‘Zeitoun’’), a Lod airport employee who, though unarmed, chased down Kozo near the runway, knocked away his automatic rifle, and restrained him until the police arrived. (Exhibit No. 2, ¶¶ 12–18) When the slaughter ceased, 26 innocent persons had been murdered and over 80 persons had been wounded by the JRA terrorists. (Trial Transcript, Dec. 2, 2009, p. 27, ln. 18 and 23) Seventeen of the murdered victims were Puerto Rican pilgrims. Carmelo was killed in the Lod Airport Attack; his last act before dying was to shield a pregnant woman with his body, absorbing bullets that otherwise would likely have killed her and her unborn child.7 the Lod Airport Attack, and thus Lod Airport security had not anticipated that such an attack might originate from persons arriving on incoming flights to Lod. (Trial Transcript, Dec. 2, 2009, pp. 21–22) 7. Gloria Calderon–Cardona, Carmelo’s daughter, testified that she learned of her father’s heroic last act when the grateful survivor came with her husband to the home of Eladia Cardona–Rosario (Carmelo’s wife and Gloria’s mother) to thank them for Carmelo’s ultimate sacrifice. (Trial Transcript, Dec. 2, 2009, p. 163, ln. 9–14)

대상 단락 선택3