Two parallel investigations take place after every aviation
accident: one technical, one judicial. The former must be conducted
with the sole intention of making safety recommendations to prevent
the recurrence of similar accidents. The judicial investigation,
however, has the intention of identifying those parties that have
been at fault and to apportion blameworthiness for criminal and
civil liability. Consequently, this results in a predicament for
those parties that have been identified as having played a role in
the accident, a dilemma between not supplying information aimed at
enhancing safety and preventing future accidents and, on the other
hand, supplying such information which may possibly be used against
them in subsequent criminal prosecution. The situation is
compounded by inconsistent approaches between different legal
systems; aviation professionals may find themselves faced with
criminal charges in one country but not in another, and they may
also be unsure as to whether statements given during the technical
investigation could be used against them in a court of law.
Aviation safety is, to a large extent, built upon the trust placed
by pilots, ATCOs and other aviation professionals in the process of
accident investigation. This book examines the growing trend to
criminalize these same people following an accident investigation
and considers the implications this has for aviation safety.
General
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