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AEI Annual Congress 2009, Varna Bulgaria
By AEI Editor
Published: Nov 7, 2009

Once again congress was privileged to have attracted a whole range of excellent guest speakers, and the first one was Capt. Andreas Mateou, Cyprus Airways, doing a PhD on the criminalization of employees in the airline industry.

One wants to find out:

• How the intervention and the distribution is between Accident Investigation Board and those who investigate and prosecute.

• How criminal prosecution of pilots and Air Traffic Controllers affect flight safety by looking at the cases where it is taken out prosecution.

• If there are various case law on charges of Air Traffic Controllers and pilots.

• If a common set of rules and procedures for Europe will provide a better investigation of accidents.

capt._andreas_mateou_250
To get the best possible result, they have interviewed those working with accidents in different EU countries, Air Traffic Controllers and pilots. They have gone through both inquires and investigations of accidents.
It is two parallel investigations of all accidents.
• Police to prosecute: Find him or her guilty, and punish.
• Accident Investigation Board: Find out what happened, and make sure this does not happen again.

How is evidence distributed between the two investigations, being a competition to present the result first? Evidence kept internally so that the other should not be the best?
The statements of employees given to Accident Investigation Board, will this be handed over to the prosecuting authorities and used against them in any case?
Should we provide information to determine what has happened, or withhold information for fear of prosecution authorities? Most people do not know what data and evidence being used, and which of the official report will be used in court. CVR and DFDR can also be used in court.

What we see now with the criminalization of employees in the airline industry has a negative effect on the voluntary and independent reporting. The work under fear of prosecution also contributes in a negative direction. Criminalization of employees has a negative effect on flight safety.

In addition, the media is one of the major factors that affect the investigation. All read or hear about accidents, even those who are working on the investigation. Where the accident occurs, will also have implications for those involved. In the U.S., Australia and England the technical survey is given priority if there is suspicion of a
crime. In France, they have parallel investigations, but it is often the legal part that is given priority.

How will this take place in a "small" country, do they have the resources to conduct a proper investigation?
If an aircraft is located in the border area between the two countries, can pilots get to choose which country they want to divert; to the case law practise of nations and not

What is the best option?
Is it possible to have a common court for aviation in Europe, so that all can be treated properly and that just culture is the focus.
Just culture is important; no one is above the law. Clear lines between what is accepted and not. There must be trust both ways so that security-related issues can be reported without fear of consequences. One must avoid that the incidents are kept secret; it goes beyond safety in the long term.

ALAEA have the following printed on the back of their membership cards.

paul_180

Paul Cousins, Federal President ALAEA, Australia
alaea

Read more from the Congress on the next page..


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