ITALY AVIATION ACCIDENT INVESTIGATIONS: ENGAGING

UNCLAS ROME 003593

SIPDIS


STATE FOR EB/TRA
STATE FOR EUR/WE
STATE PASS TO NTSB WASHDC
BRUSSELS FOR FAA

E.O. 12958: N/A
TAGS: EAIR IT AVIATION FAA
SUBJECT: ITALY AVIATION ACCIDENT INVESTIGATIONS: ENGAGING
THE MFA

REF: A. ROME 3060

B. STATE 194638


1. Summary: EcMin presented MFA officials with Ref. B
diplomatic note seeking better cooperation on aviation
incident investigations and laid out possible operational
solutions. MFA officials noted that the independence of the
Italian judiciary made it difficult for the MFA to prescribe
a specific course of action in investigations. MFA officials
agreed to review with the Ministry's legal affairs office,
the GOI's obligations under ICAO's Convention on
International Civil Aviation. End Summary


2. On September 13, Economic Minister-Counselor presented
Ref. B diplomatic note on the need for improved cooperation
on aviation accident investigations to Foreign Ministry
Director General for Multilateral Economic and Financial
Cooperation, Giandomenico Magliano, and Luigi Teodorani,
action officer on transportation safety and security.
Magliano noted that the independence of the Italian judiciary
made it difficult for the Ministry to prescribe a specific
course of action for magistrates investigating aviation
incidents. Economic Minister-Counselor replied that the U.S.
fully recognized the judiciary's right to pursue its own
investigations, but that such investigations should not
jeopardize U.S. investigators' right of access to incident
investigations under Annex 13 of ICAO's Convention on
International Civil Aviation.


3. Magliano asked whether the four incidents over the last
year represented a new, or longstanding, difficulty in
obtaining cooperation with local magistrates on access to
incident investigations. EcMin noted that there had been no
other problematic incidents in recent years, but that these
recent incidents involved different judicial authorities in
different jurisdictions, which implies a systemic issue.
Magliano thought that it would be worthwhile to determine if
a recent change in legislation or judicial procedures could
possibly have led magistrates to be less cooperative.


4. EcMin suggested two possible ways to improve cooperation:
1) in the case of future aviation incidents, the MFA could
make it standard practice to advise the responsible
magistrate of Italy's obligations under ICAO; and 2) when
magistrates appoint a technical expert in such cases, they
could ensure that the expert is from the Italian Air Safety
Board (ANSV, the Italian NTSB counterpart).


5. Teodorani acknowledged that he was new to this portfolio,
but expressed doubt that the MFA could approach magistrates
on their choice of experts. He said that he would consult
with the Diplomatic Dispute Service (the Foreign Ministry
legal office) about Italy's obligations under ICAO
conventions and would contact the Embassy by phone in advance
of a formal response to our diplomatic note.

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2004ROME03593 - Classification: UNCLASSIFIED