2024-01-13 03:00:00
An organization made up of pilots and other aviation personnel has issued an emergency statement in response to the collision between a JAL plane and a Japan Coast Guard aircraft on the runway at Tokyo’s Haneda Airport. In addition to the National Transportation Safety Board investigating the accident, a police investigation is being conducted, but “the accident investigation should be prioritized.” It appears that he objected to the way in which investigations are being carried out in parallel to determine the cause of the incident and to seek responsibility through investigations. What’s behind it? (Ikuko Kihara)
Officials investigating a JAL plane that burst into flames after colliding with a Japan Coast Guard aircraft at Haneda Airport on January 3rd.
◆Objections to police investigation proceeding in parallel with investigation
On the 2nd, the day the accident occurred, the Metropolitan Police Department announced that it had begun an investigation into suspicion of professional negligence resulting in death or injury, and set up an investigation headquarters on the 3rd of the following day.
On the same day, on the 3rd, JFAS (Japan Aviation Safety Promotion Liaison Council), the largest organization in Japan’s aviation industry, which has approximately 10,000 pilots and air traffic controllers, issued an emergency statement.
◆“If an investigation begins, the true cause cannot be investigated.”
The statement emphasized, “When an aircraft accident occurs in Japan, it is customary for the police to investigate. However, the highest priority should be the accident investigation, not a criminal investigation.” “In Japan, the results of accident investigations are used as evidence in criminal investigations and trials, but this deviates from the provisions of the Convention on International Civil Aviation.”
Yuji Ushikusa (56), an active pilot and deputy director-general of the secretariat, expressed his sense of crisis, saying, “I have had the unpleasant experience of not being able to determine the true cause when an investigation begins.”
◆Overseas organizations also agree to “watch trends”
Statements are not only coming from within Japan. The International Federation of Scheduled Airline Pilots Associations also emphasized, saying, “Japan must strictly comply with the provisions of the treaty.We are closely monitoring developments regarding the accident.”
The treaty, which Japan has also ratified, stipulates that “all judicial and administrative proceedings imposing guilt or liability shall be separated from the investigation.”
◆ “Honest statements” are essential to prevent recurrence…
In a criminal case, it is a general rule that no one is forced to give a statement against themselves, but honest statements are essential to investigating the cause. This is because if people are refused to testify in an investigation because they fear it could be used in an investigation, this will not help prevent recurrence.
In the United States, accident investigations are said to take precedence over investigations, but the situation is different in Japan.
In 1972, the Ministry of Transport (currently the Ministry of Land, Infrastructure, Transport and Tourism) and the National Police Agency signed a memorandum of understanding regarding aircraft accidents, stating that they would cooperate as long as there was no problem. If the police make a request for an appraisal, “the Japan Transport Safety Board will comply as long as it does not cause any hindrance.” In other words, the situation violates the treaty, which stipulates that “accident records may not be used for any purpose other than investigation.”
In the 2001 near-miss accident involving a Japan Airlines flight off the coast of Shizuoka Prefecture, the accident investigation report was actually used in the investigation, and the air traffic controller was found guilty.
◆Can only aircraft accidents be treated specially?
However, there are also difficult problems. Takemune Sato, a lawyer who was a member of the Japan Transport Safety Board’s Expert Meeting for Business Improvement, said, “I understand the argument that priority should be given to investigations to prevent recurrence, but this barrier is thick. Unless the scope of police coverage is clarified through legal reform and accident investigations are prioritized, the police will be at a disadvantage.”
Kazuki Sugiura, an aviation analyst, said, “In some cases, accident investigations are influenced by investigations.Japan’s approach to accident investigations is in contrast to some countries, which place priority on eliminating future risks rather than taking responsibility.” “I will draw it.” On the other hand, he believes that regarding the crime of professional negligence resulting in death or injury, which involves negligence in various accidents, “Some may argue that aircraft accidents cannot be treated as a special case and excluded.”
◆”I don’t want to question individual mistakes.”
What do the bereaved families of the accident think?
Kuniko Mitanijima (76), who lost her second son Ken (age 9 at the time) in the 1985 JAL jumbo plane crash, said, “Airplane accidents are organizational accidents, and they happen because of multiple mistakes. “Then the police will immediately start investigating, but what the family wants is why the accident happened. They don’t want to question individual mistakes.” She also said, “In order to prevent recurrence, an investigation to determine the cause is most necessary, and this is different from an investigation that pursues criminal responsibility.”
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