Case 3:08-cv-01367-FAB Document 1 Filed 03/27/2008 Page 1 of 24 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO ------------------------------------------------------------------------- RUTH CALDERÓN-CARDONA, individually and as : personal representative of the ESTATES OF : CARMELO CALDERÓN-MOLINA and : ELADIA CARDONA-ROSARIO : 1008 Calle Los Angeles : Urb. Del Carmen : San Juan, PR 00923 : : and : Civil Action No.: 08-1367(FAB) : LUZ CALDERÓN-CARDONA : 408 Calle Pedro Díaz : Urb. Del Carmen : San Juan, PR 00923 : : and: : : LUIS CALDERÓN-CARDONA : Calle 11, RF-9 : El Conquistador : Trujillo Alto, PR 00976 : : and : : GLORIA CALDERÓN-CARDONA : Calle 433, Bloque 156, Lote 11 : Villa Carolina, PR 00985 : : and : : JOSÉ RAÚL CALDERÓN CARDONA : Laguna Gardens II, Apt. A-4 : Urb. Los Angeles : Carolina, PR : : and : : ANA DELIA CALDERÓN-CARDONA : 408 Calle Pedro Diaz : Urb. Del Carmen : San Juan, PR 00923 : : Case 3:08-cv-01367-FAB Document 1 Filed 03/27/2008 Page 2 of 24 and : : HILDA CALDERÓN-CARDONA : Paisajes de Escorial S-10 : Carolina, PR 00987 : : and : : ANGEL CALDERÓN-GUZMAN and MIGUEL : CALDERÓN-GUZMAN as personal representatives of the : ESTATE OF MIGUEL CALDERÓN-CARDONA : Calle Pedro Diaz Correa #408 : Urb. Del Carmen : San Juan, PR 00923 : : and : : SALVADOR CALDERÓN- MARTÍNEZ : Calle Cuba #457 : Hato Rey, PR 00917 : : and : : PABLO TIRADO-AYALA : Road 643 : Km 2.3 Interior : Bo. Pugnado. Manati, PR 00674 : : and : : ANTONIA RAMIREZ-FIERO : Road 643 : Km 2.3 Interior : Bo. Pugnado. Manati, PR 00674 : : Plaintiffs, : : vs. : : DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA, : a.k.a. NORTH KOREA : Ministry of Foreign Affairs : c/o Foreign Minister, Paek Nam Sun : Jung song-dong, Central District : Pyong Yang, DRK : : 2 Case 3:08-cv-01367-FAB Document 1 Filed 03/27/2008 Page 3 of 24 and : : CABINET GENERAL INTELLIGENCE BUREAU, : a.k.a. NORTH KOREAN INTELLIGENCE SERVICE : c/o Foreign Minister, Paek Nam Sun : Jung song-dong, Central District : Pyong Yang, DRK : Office of the General Secretary of the Korean Workers’ : Party. : : and : : JOHN DOES 1-10, : : Defendants. : -----------------------------------------------------------------------X COMPLAINT Plaintiffs, by their attorneys, complain of the defendants and allege the following upon information and belief: INTRODUCTION 1. This is an action for wrongful death, personal injury and related torts, pursuant to the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1602 et seq., brought by the estate and families of United States nationals who were murdered or otherwise harmed as the result of a terrorist attack at Israel’s Lod Airport on May 30, 1972 (the “Terrorist Attack”). 2. The Terrorist Attack was carried out by the Japanese Red Army (“JRA”) and the Popular Front for the Liberation of Palestine (“PFLP”) terrorist organizations. The JRA and PFLP planned and executed the Terrorist Attack using material support and resources, within the meaning of 18 U.S.C. § 2339A, provided by the defendants, the Democratic People’s Republic of North Korea (“North Korea”) and North Korea’s Cabinet General Intelligence Bureau (“CGIB”), and their officials, employees, and agents. 3 Case 3:08-cv-01367-FAB Document 1 Filed 03/27/2008 Page 4 of 24 JURISDICTION 3. This Court has jurisdiction over this matter and over the defendants pursuant to 28 U.S.C. §§ 1330(a), 1330(b), 1331, 1332(a)(2) and 1605A(a)(1), which create subject-matter and personal jurisdiction for civil actions for wrongful death and personal injury against state sponsors of terrorism and their officials, employees and agents. NATURE OF THE ACTION The Massacre at the Lod Airport 4. On May 30, 1972, American citizens Carmelo Calderón-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 visiting the Christian religious sites in the Holy Land. 5. Pablo left the baggage claim area and walked toward the restrooms. While Carmelo waited at the baggage claim area to retrieve his luggage from the baggage carousel and pass through Israeli customs, three members of the JRA, who had just disembarked from a flight arriving from Italy, removed automatic weapons and grenades from their luggage. The terrorists began firing indiscriminately at Carmelo and other passengers waiting in the luggage area, as well as at Pablo and others in the adjacent areas. 6. The JRA attackers ran through the airport terminal randomly firing weapons and throwing grenades. 7. Two of the terrorists eventually ran out of ammunition and were killed by their own hand grenade blasts. 8. The last attacker, Kozo Okamoto, attempted to kill himself by throwing a grenade at a nearby airplane in an attempt to detonate both himself and the plane. Okamoto did not succeed in either of his goals and was eventually subdued by an airport employee and arrested by 4 Case 3:08-cv-01367-FAB Document 1 Filed 03/27/2008 Page 5 of 24 Israeli police. 9. When the Terrorist Attack had stopped, more than twenty-six passengers had been murdered by the JRA terrorists and more than eighty other civilians had been wounded. 10. The murdered victims included seventeen Puerto Rican pilgrims, among them Carmelo Calderón-Molina. Plaintiff Pablo Tirado-Ayala was among the many injured in the Terrorist Attack. 11. Israeli investigators took the surviving attacker, Kozo Okamoto, into custody and later identified the two dead JRA terrorists as Yasuyuki Yasuda and Takeshi Okudaira. Okudaira was the husband of Fusako Shigenobu, the leader of the JRA at the time. 12. During subsequent interrogations Okamoto admitted that he and his fellow attackers were members of the JRA and that the attack had been carried out in conjunction with the PFLP. 13. The PFLP also publicly claimed responsibility for the attack, and this was widely reported in the international press. THE PARTIES A. The Plaintiffs 14. Plaintiffs Ruth Calderón-Cardona, Luz Calderón-Cardona, Luis Calderón- Cardona, Gloria Calderón-Cardona, José Raúl Calderón-Cardona, Ana Delia Calderón-Cardona, Hilda Calderón-Cardona, Salvador Calderón-Martínez are, and on May 30, 1972 were, nationals of the United States and residents of Puerto Rico. They are the children of U.S. citizens Carmelo Calderón-Molina and Eladia Cardona-Rosario. 15. Miguel Calderón-Cardona was a national of the United States and resident of Puerto Rico on May 30, 1972. Miguel Calderón-Cardona died in 1982. 5 Case 3:08-cv-01367-FAB Document 1 Filed 03/27/2008 Page 6 of 24 16. Plaintiff Ruth Calderón-Cardona brings this action individually and on behalf of the estates of her parents, Carmelo Calderón-Molina and Eladia Cardona-Rosario. 17. Carmelo Calderón-Molina, then 77 years old, was among the group of pilgrims from Puerto Rico visiting the Holy Land. 18. Carmelo Calderón-Molina was shot during the Terrorist Attack. He suffered a laceration to his heart, internal bleeding and broken ribs, and died at the scene. It is believed that Carmelo Calderón-Molina was in the process of protecting others when he was shot and killed. At the time of his murder he was married to Eladia Cardona-Rosario, who survived him by over thirty years. 19. On the day of the attack, plaintiff Gloria Calderón-Cardona was listening to the radio and learned that the attack had taken place. She also heard her father’s name listed among those killed. She telephoned her siblings to inform them that their father had been murdered. 20. As a result of Carmelo Calderón-Molina’s murder, his wife Eladia Cardona- Rosario experienced emotional pain and suffering, loss of her husband’s society, companionship, comfort, advice and counsel, and suffered severe mental anguish and extreme emotional distress for a period of over thirty years until she passed away at the age of 92. 21. As a result of Carmelo Calderón-Molina’s murder, plaintiffs Ruth Calderón- Cardona, Luz Calderón-Cardona, Luis Calderón-Cardona, Gloria Calderón-Cardona, José Raúl Calderón-Cardona, Ana Delia Calderón-Cardona, Hilda Calderón-Cardona, and Salvador Calderón-Martínez have experienced emotional pain and suffering, loss of their father’s society, companionship, comfort, advice and counsel and have suffered severe mental anguish and extreme emotional distress. Prior to his death, Miguel Calderón-Cardona experienced emotional pain and suffering, loss of his father’s society, companionship, comfort, advice and counsel and 6 Case 3:08-cv-01367-FAB Document 1 Filed 03/27/2008 Page 7 of 24 had suffered severe mental anguish and extreme emotional distress. 22. Angel Calderón-Guzman and Miguel Calderón-Guzman are nationals of the United States and residents of Puerto Rico. They are the children of Miguel Calderón-Cardona. They bring this action on behalf of the Estate of Miguel Calderón-Cardona. 23. Plaintiff Pablo Tirado-Ayala is, and on May 30, 1972 was, a national of the United States and resident of Puerto Rico. Pablo Tirado-Ayala was among the group of pilgrims from Puerto Rico at the Lod Airport at the time of the Terrorist Attack. 24. As a result of the attack, Mr. Tirado-Ayala sustained a wound to his foot and experienced severe emotional distress and mental anguish. 25. Plaintiff Antonia Ramirez-Fiero is, and on May 30, 1972 was, a national of the United States and resident of Puerto Rico. She is the wife of plaintiff Pablo Tirado-Ayala. 26. As a result of the attack and the resulting severe emotional distress caused her husband, Antonia Ramirez suffered loss of companionship and her husband’s society and severe mental anguish and extreme emotional distress. B. The Defendants 27. At all times relevant to this Complaint, defendant North Korea is and was a foreign state within the meaning of 28 U.S.C. § 1603, designated as a state sponsor of terrorism pursuant to § 6(j) of the Export Administration Act of 1979 (50 U.S.C.