Juridical and Technical Aspects in the Investigation of Aviation Accidents and Incidents in Argentina and Latin America

ORTIZ, LUIS (INGENIERO), CAPALDO, GRISELDA DELIA (DOCTORA EN DERECHO)

Australia's Gold Coast

Seminario; ISASI 2004 Seminar; 2004

International Society of Air Safety Investigators - ISASI

It is evident that justice is increasingly hampering the investigation of aircraft accidents and incidents. Particularly for the Latin American countries there is not a strong safeguard for the use of the information gathered by investigators for other purposes (i.e., disciplinary, civil, administrative and criminal punishment). This interference affects the readiness and quality of the technical investigation. We believe that, taking into account the strong pressures exerted by victims, insurances companies and the media -, this problem will increase. Although there are countries that have legislation consistent with Annex 13, other States do not have appropriate rules protecting the investigation from Justice interference. This is worsened by the lack of a more precise international legislation (ICAO’s Annex 13). The technical investigation – in coordination with the task of Justice, Security and Investigation Board – should be also performed for the acts of unlawful interference (ICAO’s Annex 17), since independently of how the accident happened or who carried out the act of unlawful interference, what is at last endangered is the flight safety and security of passengers, crew, cargo, and third parties on the surface. Under this background, we support the following recommendations: 1°) Annex 13 should be amended to improve the safeguard of records. 2°) With the assistance of ISASI, Latin American countries should adapt their legislation to Annex 13. 3°) ISASI may propose to ICAO the above detailed amendments.