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Accident Investigations & Criminalization of International Aviation International Aviation Liability & Insurance

Presented by: George Leloudas , Solicitor and Sean Gates, Senior Partner Gates and Partners 20 St. Mary At Hill, London, EC3R 8EE Tel: +44 (0)20 7220 5950 Fax: +44 (0)20 72205951 www.gatesandpartners.com. Accident Investigations & Criminalization of International Aviation

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Accident Investigations & Criminalization of International Aviation International Aviation Liability & Insurance

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  1. Presented by:George Leloudas, Solicitor andSean Gates, Senior PartnerGates and Partners20 St. Mary At Hill,London, EC3R 8EETel: +44 (0)20 7220 5950Fax: +44 (0)20 72205951www.gatesandpartners.com Accident Investigations & Criminalization of International Aviation International Aviation Liability & Insurance Conference Institute of Air & Space Law, McGill University 30 October 2009

  2. Criminalization Aviation safety until the late 1970s adopted a reactive approach: learn from mistakes and implement detailed safety regulations Modern approach is proactive: scientific risk-management, learn from “near accidents”, encourage pilots and engineers to report hazards, non- punitive working environment

  3. Legal framework • ANNEX 13 to the Chicago Convention on International Civil Aviation on Aircraft Accident and Incident Investigation • Council Directive 94/56/EC establishing the fundamental principles governing the investigation of civil aviation accidents and incidents • The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996

  4. Shortcomings • Abuse of the investigation process from accident investigators and judicial authorities • Blurred role for accredited representatives • Unorthodox interrogation techniques for a safety investigation • Discriminating access to the material

  5. What needs to be done? International law • Clarify the role of accredited representatives • Right for witnesses to appear with Counsel • Wider participation in the investigation • Treaty protection for confidential reporting - Chicago Convention amendment • Any State or individual suffering injury to have the right to report the abuse of an investigation process to ICAO • ICAO to be given the right to set aside the accident report and conduct an independent investigation • ICAO to be given the right to suspend a State for breach of Annex 13

  6. What needs to be done? Industry • Declaration of mutual support and assistance following an accident • No voluntary assistance to criminal prosecutors when in breach of Annex 13 • Withdrawal of voluntary assistance to Investigating State where Annex 13 breaches are anticipated. • Lobby ICAO and Governments to ban simultaneous criminal prosecutions and provide ICAO with enforcement power

  7. Overall aims • Improve safety standards • Protect human rights of aviation personnel • Stand against scapegoating by media and prosecutors

  8. Criminalization Thank You

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