Now, Remove Criminality In Accident Investigations...
Aero-News has learned the leaders
of several aviation organizations sent a joint-letter Thursday to
Brazilian prosecutorial authorities, commending recent legal action
in Brazil that should shortly lead to the release of two American
pilots held in the country for more than two months, and renewing a
call that criminal inquiries not be made a part of investigations
into any party involved in the accident.
The pilots have been held in Brazil since September 29, when
their Embraer Legacy jet had a mid-air collision with a GOL
Airlines Boeing jet; all 154 people aboard the GOL aircraft were
killed as a result of the event. As Aero-News reported, a
Brazilian judge allowed the men to recover their passports earlier
this week.
"Since September 29th, the international aviation community has
been calling for a thorough investigation into this tragic
accident," the letter reads. "In order to fully understand the
causes behind any accident, investigators must carefully examine
all evidence, including the information that is collected from
interviews with those operators most directly involved. Collection
of crucial data must be free from any interference by the penal
system, as fear of prosecution and/or imprisonment will only deter
witnesses who may be willing to assist in the investigation."
"...A criminal inquiry has no place in the investigation of any
party's role in this accident," the letter continues. "We are
pleased that your criminal authority is working to release the
pilots involved in the accident, and we implore you to also set
aside any criminal component in your investigation of the
involvement of air traffic controllers or other parties in the
events of Sept. 29th."
The letter was signed by the leaders of the Flight Safety
Foundation, the National Business Aviation Association, the
International Federation of Air Traffic Controllers' Associations,
the Civil Air Navigation Services Organization and the
International Federation of Air Line Pilots' Associations. The
document outlines several additional reasons why the organizations
believe criminal considerations, like those included in Brazilian
authorities' examination of the Sept. 29th accident, should not be
part of aviation accident investigations. Their reasons were as
follows:
- A situation like that which occurred in Brazil has the
potential to set a dangerous precedent for applying criminal
charges to any pilot or other party to accidents involved in
international aviation operations, and is counter to the
recommendations of the International Civil Aviation
Organization.
- An emphasis on criminal penalties distracts investigators from
addressing the root causes of an accident, and finding ways to
avoid such causes in the future. It also allows for hasty
conclusions to be reached that could be proven erroneous once a
full safety investigation has taken place.
- Hasty criminal investigations can produce conclusions, and
verdicts, that could be proven erroneous once a full safety
investigation has taken place.
"We understand the need for a grieving public to want to see
justice served, and we do not seek to put our colleagues above the
law," the letter concludes. "However, criminal investigations into
aviation accidents like the one on September 29 are at odds with
efforts to discover root causes of accidents and avoid future
mistakes."
The letter was signed by IFATCA president Marc Baumgartner; Ed
Bolen, President, NBAA; IFALPA president Dennis Dolan; Alexander
ter Kuile, Secretary General, CANSO; and William Voss, President
and CEO, FSF.
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