Annual Report 2010 –2011
2011
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1. INDEX
Introduction........................................................................................................ 1
Internal composition to 31.07.2011.................................................................... 2
Objectives of the Association .............................................................................. 3
Glossary .............................................................................................................. 4
Activities of the AVJK5022: August 2010 – August 2011 .................................... 5
TV Series ........................................................................................................................... 5
Delivery of plate for the Association from the COPAC.......................................................... 8
State Program Operational Security ................................................................................... 9
Seminary on "Safety Information: Co-operation between aviation and the Judicial
Authorities; State programs of Security; Safety Management Systems and Accident
Investigation". .................................................................................................................. 10
Visit to the UN. New York ................................................................................................. 11
Period from January until July in Las Palmas G. C. ......................................................... 14
Main facts period 2010 – 2011 .......................................................................... 17
Final Report of the CIAIAC ............................................................................................... 19
Conclusions ...................................................................................................... 21
1. ANNEX I: SPEECHES, DECLARATIONS AND BALANCE
Declarations at Sta. Ana Square Las Palmas 20.08.2010
Balance: Press conference Madrid Barajas: 08.20.2010
Presentation model monument Madrid: 08.20.2010
Inauguration monument Madrid-Park J. Carlos I: 6.18.2011
1. ANNEX II: VARIOUS DOCUMENTS
Extract from the report of Eurocontrol - European Commission
Visit the Secretary of State. Ministry of Development 17.06.2011
Writing and directed to the Minister of Development 7.06.2011
Writing to the Government of the Canary Islands 27.06.2011
Writing to the Secretary of Transportation 29.06.2011
Response of the Secretary of Transportation 27.07.2011
ICAO: Study of families to make submissions to the Circular 285
NTSB: International Conference and Data NTSB
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1. INTRODUCTION
A year after the edition of the Memory 2009-2010, the “Association of
Affected by Flight JK-5022”, makes again balance of the work done through
this last year, by this brochure which reflects in broad strokes the persevering
work which is developing in every aspects, public and private as well, for the
achievement of the objectives which collect their Statutes.
In broad outline, the principal effort is still focused on the monitoring
CAUSA PENAL which is instructed at the “Juzgado Nº11 de Madrid”, in the
“Diligencias Previas” Nº 4373/2008, where the AVJK5022 has presented 5
outstanding experts with national and international recognition, who count
with the proficiency, knowledge and professionalism, in different specialties
relationated with the before, the meanwhile and the after of the tragedy
(electronic circuitry, aeronautic engineering, aircraft maintenance, MD
Pilotage, Medicine-emergency) with the conviction that their Expert Informs
are being and will be determinants in the judicial investigations which are
realizing right now.
Also the AVJK5022 has followed another way, parallel to the judicial one,
discussing at different forums nationals and internationals, where we talked
about topics like civil aviation, air security, victims assistance, etc. The
specialization is the fundamental pillar in an air tragedy and the AVJK5022 at
Madrid worries and occupies of being present in all places where to explain the
purposes, activities and objectives of the AVJK5022, and also to obtain all
support necessary at institutional level to fulfill their task.
To point out the increase of the number of associates, until passing the
1.000 associates, with the creation of the figure of the symphatizer-associate:
people who are users or not of air transport that have decided to associate to
AVJK5022, without direct link to the families, but identified with the cause
that defends that flying has to be safer for everyone that uses the plain as
mean of transport.
From here, we animate to continue giving support to our fight, focused in
correcting the mistakes that sparked the biggest air catastrophe (08.20.2008)
of the last 25 years in Spain and impulse actions to depurate the
responsibilities that corresponds, in memory of the passengers of the flight
JK5022.
THE BOARD OF DIRECTORS OF THE AV JK 5022
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2. INTERNAL COMPOSITION
After the celebration of the “General Elections” of the past 20th May 2011, the
composition of the “Board of Directors” is the following:
President: Vice president:
Mª Pilar Vera Palmés Margarita Henríquez Espinosa
Secretary: Treasurer:
Ligia Yasmin Palomino Riveros Máximo Díaz Delgado
Vocals:
José Pablo Flores García
Mª de los Ángeles Piretti León
Luis Rey Nieto
Rafael Vidal Rodríguez
Magali Baton (representing french families)
Leticia Betancor Sánchez
Yazmina Cabrera Suárez
Henar Guerrero Durán
Workgroups:
The AVJK5022 functions with Workgroups composed by members of
the “Board of Directors” depending on their professional skills and
qualifications, focusing actually on: Legal and Reserch, Emergency, Media
and Public Relations, Assistance to Families and Institutional Relations.
Furthermore each of the 4 “Charges of the Board of Directors”:
President, Vice president, Secretary and Treasurer, assume the specifical
functions of everyone, with the assistance of “Tax Advice” that makes the
accounting and audit of the AVJK5022.
Is the intention of the AVJK5022 transact through this year 2011, the
solicitude of the, declaration de “Utilidad Publica” in the “Registro de
Asociaciones del Ministerio del Interior” what will bring more
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3. OBJECTIVES OF THE ASSOCIATION
We remember the objectives pursued by the AVJK5022, which acts on two
main:
1) 1.- The legal field, through the legal representation of their
members, whose purposes are:
• Clarifying the causes of the tragedy of the flight JK5022.
• Accountability was legally established and finding the possible
negligence, if any, in order to prevent their recurrence.
• The defense of few rights correspond to the victims of the accident of
their family partners.
2) 2.- Social field, in which two fundamental objectives sought
• Contribute to improving air safety. This partnership is unique in that
not only aims to know the truth of what happened on August 20 of
2,008 , so that a similar disaster does not happen again, but in the
belief that this would have been avoided if there had been fulfilled
minimally air safety standards in force, it has the strong aspiration of:
o Impetus to enact laws through which be able to punish the
airlines that breach the security rules.
o Claim in all areas, public and private, national and international,
to be changed and harden the safety standards and measures in
air transport.
o Contribution to the improvement of air safety, with the pretense
of promoting the universality of criteria in the area of aviation
safety, demanding that the recommendations arising from the
conclusions of the reports of the commissions of inquiry foreign
and Spanish are mandatory
o Claim to guarantee and strengthen the inspections on the
compliance of the elementary norms of safety in the air.
• Assistance to the surviving victims and the families of the deceased in
regard to psychological support, medical supplies, and legal.
• Regulatory rules specific to victims of accidents in the air: to respect the
45 days as in the USA and not to come to the PROFESSIONALS families
from any country to offer their Professionals services. PROFESSIONALS
from any country to offer their services of any kind whatsoever.
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4. GLOSSARY
ACFVA Feder ation of Victim s of Accidents in the air in the USA
AENA Spanish Air por ts and Air Navigation
AESA Air Safety Gover nm ent Agency
AVJ K 5022 Association for People Affected by the flight J K-5022
CI AI AC Com m ission for the investigation of accidents and incidents of Civil
Aviation
COPAC Pr ofessional Association of Pilots of Civil Aviation
CRM Resou r ce m anagem ent of the cr ew
DGAC Dir ector ate Gener al of Civil Aviation
EASA Eu r opean Agency for Aviation Safety
FAA Feder al Aviation Adm inistr ation of the United States
FENVAC National Feder ation of victim s of disaster s of Fr ance.
I NTA National Institu te of Aer ospace Technology
M M EL Master List of Minimal Equ ipm ent
NTSB National Tr anspor t Safety Boar d of the United States
OACI Inter national Civil Aviation Or ganization
SEPLA Spanish Tr ade Union of Air Line Pilots
SETSI Secr etar y of State for Telecom m u nications and audio-visu al Media
SSEI Rescu e Ser vices and Fir e Fighting
TOWS Tak e Off War ning System
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5. ACTIVITIES OF THE AVJK5022
In the past 12 months, the AVJK5022 has continued to progress, not
without difficulty, with the collaboration of European associations and
American more than in the Spanish Administration, which both central and
autonomous level promoting policies for air transport more geared to the
increase in travellers that the purposes for which the association advocates.
However, all the institutional visits that have been made have had specific
purposes that are detailed below:
1.- April-September 2010: TV Series
Alerted the Chairperson of the AVJK5022 in Madrid by the sister of
one of the deceased victims that is found in the Academy, where he studied
with a poster calling for "extras for the series on the Spanair accident", It
puts the hard task to find out what's true in such information , by calling the
telephone that is contained in the same poster. Contact with the producer
and requests a meeting to which they gain access in the course of the same
to the attending 5 members of the board of directors (including 3
survivors). We have learned through the mouth of its director that the idea
emerges from its particular "Fear of flying" and that the screenplay, quite
advanced, it is pending in finish, but they will show to us.
Past 5 weeks, and in view of the fact that they do not, we are putting
pressure on through a pilot who is advising and finally tell us that is going
to consist, superficially, the script. As is natural in a TV movie who is
looking for profit from a tragedy, its "human" important component is
focused to show the details of the suffering of the passengers of the JK5022
flight.
Begins the titanic task of trying to stop the project and of the refusal
of the producer and the TV channel who is funding the project, we went to
all the institutions of the country to request a delay in the issuance until
both are asking the judicial investigation, because we believe that the TV
movie may indirectly influence in society, by establishing a truth from a
fiction that for nothing shall conform to the reality.
In this race against time, since the claim is emitting them with reason
of the second anniversary, AVJK5022 considers that it is essential the
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defense of the privacy of victims and affected family members, and
implemented more imagination that resources, a strategy aimed at
postponing its issuance until completion of the judicial route.
There are over 25 written in all public agencies in Madrid , Canary
Islands, Castilla-La Mancha and Castilla y León, in addition is maintained
encounters with a good part of those responsible for those institutions with
the same result: freedom of expression is one of the fundamental rights and
in Spain the censorship does not exist.
The discussion then focused on determining which rights prevail in
the life of the people: freedom of expression or the intimacy of the
deceased, survivors and their families?
Undiscouraged, the Chairperson of the AVJK5022, promotes the
collection of signatures on a national level with broad support from the
population , preferably in the Canary Islands where there is a greater
number of families , getting in less than a week, more than 70,000
signatures supporting the paralysis, and does not issue from the series,
which were presented in 3 sets in the Register of the SETSI (Secretariat of
State for Telecommunications and audio-visual Media).
Eventually led to his postponement although finally was issued a few
weeks later, on a date other than that of the anniversary, proving to be a
resounding failure, at the low levels of hearing that obtained: finally, the
society was the silent ally of AVJK5022 that he saw both effort and work
deployed was not in vain.
** See REFLECTED IN ANNEX I, p. I-1, read in the Plaza de Santa
Ana in Las Palmas de GC. , the August 20, 2010, after the Mass of
Anniversary which was held in the Cathedral.
2) July 20, 2010. Meeting the AVJK5022 with the Madrid City
Council : Mayor, Deputy Mayor and Councilor of Social Affairs to deal
with different issues, among which are: National Plan Performance Major
Disasters (being presented to the Authorities of our country), aid to victims
of air disasters, Draft Monument Park Juan Carlos in Madrid, etc. .
3) July 29, 2010. Meeting in the CIAIAC: Secretary and new
President Ms. Rosa Maria Arnaldo, with the President and 3 members of
the Board of Directors to receive information about the new departure for
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the Agency which had been refurbished by the Minister of Economic
Development.
4) August 2, 2010. Meeting with the Secretary of State for
Transport, to which he or she re-raise for the third time all the issues that
were raised to the Minister at the meeting of the 9.9.2009 and that are
unanswered.
5) August 20, 2010. Second Anniversary: Presentation in the Juan
Carlos I Park in Madrid, of the Monument to be erected in memory and
remembrance of the passengers on Flight JK5022, from the City Council of
Madrid. SEE ANNEX I, P. I-5
Commemorative events of the Second Anniversary on Las Palmas de
GC and Madrid. SEE ANNEX I, P. I-2.
6) August 30, 2010. Meeting for second time, with the Chief
Prosecutor of the Community of Madrid and the Chief Public Prosecutor in
Madrid and the President of the Association, Ms Pilar Vera, the Vocal Mr.
Jose P. Flores and the Association's lawyer, Mr. Esteban Mestre, to call for
reinforcements and raise the position of the AVJK5022 against the issuance
of a series of TV.
7) September 10, 2010. Meeting of the President, Secretary, and
Vocal of the AVJK5022 with the CIAIAC to treat about what happened
after the accident , making delivery of a report on more than 100 pages
with verified information on emergencies.
8) October 4-5, 2010. Are carried out in the official facilities of the
INTA the second test of the relay 2.5 of the plane MD82 accidented on
August 20, 2008. In these tests were present the experts as the party that
they had asked, among them, which represents the AVJK5022.
9) October 20, 2010. The Chairperson and 3 of the 4 members who
live in Madrid, visit the Minister for Justice, Presidency and inside the
Community of Madrid who has been given our National Plan of Action
before Large Disasters made by 3 members of the Association, and the
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spanish translation of the Help Guide for Victims of Accidents Collective
in France, exposed in the web page of the Association for anyone interested
(www.avjk5022.com)
10) November 4, 2010. The AVJK5022 presents in the Court the
expert report carried out by its expert witness in electronic circuitry and Dr.
Telecommunications Engineer, in which he pointed out to the relay R2-5
as the key determinant of the accident.
11) December 10, 2010. The COPAC (on the occasion of the
celebration of the day of its patron Nuestra Señora de Loreto (Our Lady of
Loreto)), delivery to the Chairperson of the AVJK5022 the plaque of
appreciation that each year gives personalities - legal or physical - for his
work and contribution to the improvement of air safety with the following
legend:
"The Professional Association of Pilots for the Commercial
Aviation - COPAC - in recognition of the ASSOCIATION OF
AFFECTED THE FLIGHT JK5022, For its work in defense of a
thorough investigation and of the causes of accident August 20,
2008 and its contribution to the improvement of air safety. In
Madrid, December 10, 2010 . Ntra. Señora de Loreto, Patron of
Aviation".
This plaque in methacrylate is deposited at the headquarters of the
AVJK5022 in Las Palmas de Gran Canaria.
12) December 12, 2010. The Chairperson and 4 members of the
board of directors of the AVJK5022 meet with the President and the
Secretary of the CIAIAC to discuss advances in the official investigation
and date of the possible publication of the Final Report, which reported that
is at the stage of allegations by the parties involved and that they expect
disclosed before the third anniversary .
13) January 10, 2011. Ratification by the expert from the
AVJK5022 of his Expert Report in Court No. 11 and request to perform
new evidence to the relay of the aircraft, what the judge agrees, setting the
days 14 to March 16, 2011.
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That same day, testing is performed by the OPC in the simulation of
the flight in which determines that the conditions in which it was, the plane
has taken off it was very difficult or impossible to implement, as published
in the Press in the following days.
14) February 14, 2011. Debate and vote in the Congress of Deputies
of the Senate amendments to the draft of the law by establishing the State
Program of Operational Security and amending the Law 21/2003 of July
7 Air Safety and Security, The AVJK5022, together to the affected in the
helicopter accidents CE-FJJ happened in Tenerife and Sea Rescue Helimer
207 in Almeria, Signing a manifesto of support for the amendment 12.2 ,
with spirit of preventive action, which protects the decision of the
Commander of an aircraft for which you can leave it on the ground to
detect hazards, or deficiencies in the security, without suffering the
consequences of the dismissal by the Airline.
We must not forget that the Commander of the Flight JK5022,
returned to the parking to the detect a high temperature of the RAT and
confident the maintenance services to try to a fateful second takeoff.
The AVJK5022 will help with all the estates of the air transport
sector to that operational safety should be more secure, supporting few
legislative initiatives or governmental resulting in a culture of prevention of
air safety , hence is not only essential to protect the information but also the
actions of professionals in whose hands the lives of the passengers.
15) February 17, 2011. Meeting with the new Secretary of State for
Transport to discuss the following outstanding issues from November 2010
of completion of previous Secretary of State for Transport and are listed in
Annex II, section 8.2 of this Report.
16) February 21, 2011. The President of the Parliament of the
Canary Islands receives members of the Board of Directors, since the
previous visit to the Commission on Transport and Tourism the day
February 22, 2010, despite the promises that were made without exception,
the 3 spokesmen of the Parliamentary groups present in the House, it was a
disaster because past a year did not comply with what they have promised.
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The AVJK5022 exposes the harsh reality: we are naive visiting to the
same Committee of the Parliament which approves the proposal of the
Government of the Canary Islands to ask the Ministry of Development that
exempted from fees and public prices to low-cost airlines, that does not
invest in safety because their maximum claim is cheap rates, in favor of the
tourism industry of the Canary Islands as opposed to companies that invests
in safety, it was therefore impossible that will help us to meet the
objectives that we advocate. It was also reminds them that it has a duty the
Autonomous Community of the Canary Islands to review the Emergency
Plans of Canary Islands airports, powers has transferred by the State.
17) March 3, 2011. At the request of the AVJK5022 and with the
aim of helping to clarify the truth, are held at the Court witnesses , which
comes a survivor and the Father of TCP to recognize the voice of her son,
leaving clear the doubt that, among others, has its own CIAIAC in its first
report to the ascribe the identity of the third occupant in the cockpit of the
MD-82, to another person.
18) March 9, 2011. The Presidency of the AVJK5022 through the
relationship with other associations, and in particular with the ACFVA
manages to visit the NTSB, in order to know how an investigation of the air
accidents, since the American Federal Agency is a reference to the world.
The President of the ACFVA reports that is going to celebrate the
"International Conference on Assistance to the families" in Washington,
USA, on March 28 and 29 and that will invite us officially, as finally
happened. See Annex II, p. II-15.
19) March 14-16, 2011. Are carried out in the INTA the second tests
to the relay with presence of judicial officials and the parties that requested
be.
20) March 24-25, 2011. The Chairperson accompanied by 1 vocal
on the first day and by the Secretary on the second, assists the Seminar on
"Safety Information: Cooperation between aviation and the Judicial
Authorities. Programs State security Safety Management Systems and
Accident Investigation", Madrid, organized by the COPAC, in
collaboration with the OACI and the sponsorship of the Ministry of
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Development, AENA, Congress of Deputies, SEPLA and other private
agencies.
This Seminar is the first step for the professionals of the air transport
, pilots, to bring the issues in this sector to the judicial administration and
the national and international agencies that regulate the rules and
regulations by which are governed. It was attended by the President of the
OACI, the Minister of Development, Members of the Commission for the
Promotion of the Congress, whose headquarters was held , as well as
magistrates, judges, prosecutors, air traffic controllers, handling companies,
airlines and other different groups, as well as the AVJK5022 for the
victims of accidents in the air in Spain.
The conclusions of the Seminar will be dealt with by OACI in their
working groups for the purpose of assisting in the revision of the current
procedures for operational safety.
In 2 days, the Chairperson of the AVJK5022 unveiled at the
institutional level to the Association, conversing with almost all of the
members of the different tables that gave different points of view, that each
one deals with, giving the work carried out to improve safety .
20) March 30 – April 2, 2011. Visit to the UN/New York:
Presentation in the Service of the United Nations liaison with non-
Governmental Organizations (SENG-UN), body similar to a Human Rights
Commissioner, our tragedy: without a history of similar accidents in the
commercial aviation in Spain, at the mercy of an official investigation into
the CIAIAC and from a judicial procedure quoted there is the case of the
american law firms looking for clients in Spain, when in the United States
is radically forbidden to approach the victims of major disasters until after
45 days of its occurrence is being severely punished , even with the loss of
license to practice law.
Equally it is explained that in Spain the professional colleges have
not taken action against the professional performances based on customers
that are not in a position emotional to decide for the impact of the tragedy.
21) June 1, 2011. Not to instigate Judicial responds to the request
of the Prosecution Popular AVJK5022 that had requested the
broadening responsibilities in the Airline, citing to declare 3 new
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charged and a fourth already it has been since the beginning of the
instruction.
22) June 7, 2011. It is written to the Minister of Development
(ANNEX II, p. II-5) with reference to the various meetings, maintained
with all the issues that are unanswered. The AVJK5022 exposes also that
after the assistance to the International Conference for Assistance to the
families of the NTSB, Was able to verify the attention for which they are
received by the families on the part of this Federal Agency that is also
present in the majority of investigations of aircraft tragedies of the World,
Including the August 20, 2008 where an active part of the investigation into
the CIAIAC, a body attached to this ministry.
" From tragedy We draw knowledge to improve safety for us
all", is the motto of the NTSB, that coincides with the will of the
AVJK5022, almost three years after the air disaster more severe that
occurred in Spain in the last 25 years, Continues to fight for that fly will be
more secure, immersed in problems at the judicial level, survivors and
social, waiting for the support of the Ministry that has all the powers for
Air Transport.
Next to the writing, annexed part of the report of THE EUROPEAN
AGENCY EUROCONTROL (ANNEX II, P. II-1) where appears
published the appalling figure of 47 quasi-air collisions in the spanish
airspace during the year 2010, incidents with A severity level, in front of
the United Kingdom that appears with 0 incidents and claims for Spain, a
policy of prevention against the current reactive policy, unchanging almost
3 years after our air tragedy .
The date on which closes the edition of this memory, WITHOUT
AN ANSWER.
23) June 16, 2011. Meeting with the Justice Department Secretary,
Ms Purificacion Morandeira, which deals with various issues, between
which it emphasizes the request for the legislating to that, which occurred a
air tragedy, prohibiting approaching families to all professionals with
interests outside the human drama which prevents them from victims
decide with serenity in their best interest.
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24) June 18, 2011. Opening in the Juan Carlos I Park in Madrid ,
at the entrance to "La Rosaleda", the Monument to the Memory and
remembrance of the passengers on Flight JK5022: The AVJK5022 vote
among its members the choice of this monument and as was finished before
the third anniversary, it was decided that it was better to inaugurate it as
soon as possible, also taking into account the Pope's visit to Madrid for the
World Youth Meeting from 18 to August 21. (Annex I, p. I-9). The photo
is the cover of this Memory.
25) June 27, 2011. It submits a statement to the Government of the
Canary Islands (Annex II, p. II-7) in similar terms to that presented to the
Minister of Development but adapted to the competences transferred
because it has a Ministry of Transport, on the basis of the origin of most of
the passengers on Flight JK5022, to assist with the Central Administration
in the search for procedures that help with after the catastrophe to the
affected families, forced to associate to defend their rights.
Support is requested for institutional to achieve the objectives of that
flying is safer for users of the aircraft, indispensable in the transport of the
canaries and that the AVJK5022 receives the recognition and institutional
support to carry out its purposes.
26) June 29, 2011. It is written to the Secretary of State for
Transport in reference to the meeting held on Feb 17, 2011 in the absence
of responses to different matters dealt with in the same. (Annex II, p. II -
9).
In addition the AVJK5022 expresses its opinion before the initiative
presented by the SET concerning the Agreement for Quality in the Air
Transport ( A.C.T.A). The past June 15, 2011, which does not take into
account the victims of the air transport system, but that persists in trying
aspects that do not take into account the consequences of failures of the
same.
The AVJK5022 insists that detect the errors of the system has to be
coupled with the correction of the same to prevent the tragedies to occur,
accompanied by inspections of flight and other measures to implement a
preventive culture because the safety of the passengers has to be above the
objectives that advocates the ACTA. And we must not be misguided when
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the official data of the Ministry of Development figures alarming in the air
transport sector.
In this sense, the AVJK5022 considers revealing the official data published
by the CIAIAC (www.fomento.es) in the period 2000-2010, which
occurred in Spain, a total of 661 events between accidents and serious
incidents (that have been investigated), with more than 300 fatalities and
more than 500 injured between serious and minor.
27) July 27, 2011.Meeting with the President of the Congress of
Deputies in the requested appearance before the Committee on
Development of the Congress of the AVJK5022 to expose his vision 3
years after the tragedy of the August 20, leaving awaiting reply.
It also calls for his intercession with the Cardinal Archbishop of
Madrid to the Pope can receive the representation of the AVJK5022 the
day August 20, which performs.
28) JANUARY – JULY LAS PALMAS. In order to repair the
monuments that have been erected in Las Palmas in memory and
remembrance of passengers in flight JK5022, from the assistance to the
inauguration of the monument in Madrid the June 18, once the change in
the Town Hall de Las Palmas, the First Lieutenant of Mayor of the
Municipality of Las Palmas in representation of the Mayor, opens a new
phase with the Institution.
In addition it restarted the meetings with the Provincial Council of
the island of the Monument in Las Canteras Beach, since the previous
Corporation left incomplete requests made to it.
Meetings were also held with the new mayors of Telde and ingenuity
of the Monuments installed in "Ojos de Garza" and "Jardín de los
Ausentes", with a view to the maintenance and commemorative events of
the third anniversary.
All these meetings were led by the Vice-president of the AVJK5022
with the assistance of members of the Board of Directors and in close
contact with the Chairperson of the AVJK5022, in addition to the
knowledge of the entire Board .
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29) July 29, 2011. After many calls, on the part of the AVJK5022
access to greet us today to tell us about the conclusions of the Final Report
that they do not know when they are going to make it public. Attended by
the Commission , its President Rosa Mª Arnaldo and his secretary,
Francisco Soto. On the part of the AVJK5022, President, Secretary and 3
members of the Board of Directors, all of them live in Madrid.
The meeting for 2 hours and half is tense as we learn, far above what
they have called the Final Report. Although it is the first time that the
Ministry of Development - CIAIAC "shows" the final report to an
association, there is no history in our country, it does so in compliance with
the European Regulation 996/2010, adopted at October 2010 which
specifies that in its art. 16
While we were at this meeting, and without knowing it, convened a press
conference the same day July 29 to the 16.30 hours in the Ministry of
Development to make it public. On comments!!
Taking into account that this memory was virtually complete , the
assessment by the AVJK5022 is the one that made public later that day and
following and quote is as follows:
“”This Report is a RESOUNDING INSTITUTIONAL FAILURE
and in no way responds to the expectations that the victims had
placed in the Ministry of Development and that proves once again
that, who is not with the citizens.
The report has not taken into account the facts that are already
being tested in the jurisdiction whose pronouncements the
Administration also has to respect, on the contrary, used in some
points, to hide the truth already demonstrated.
This report confirms the prevailing culture of placing blame on the
dead, and leaves to investigate, despite the existence of very serious
indications that are at the base of the accident, which is repeated
every day in every aircraft that is flying, as a result, as does not
exhaust the investigation, does not fulfill its purpose of improving
air safety.
THE MINISTRY OF DEVELOPMENT is neither with the citizens
nor with the victims of a transport system that has not ensured the
life of users who use, therefore DO NOT TRUST that the interests
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that guide you are to protect us all and this Report is the most
tangible proof of what we are saying.
On the contrary, we still have confidence in the Justice, where steps
have already been taken firm and insurance to find the truth and
debug appropriate responsibilities to, in their hands we put on
ourselves to achieve the objectives of AVJK5022.””
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6. MAIN FACTS.
EUROPEAN UNION : First semester 2010, Spanish Presidency.
20th October 2010.The UE Ministers Council approves the
Regulation (EU)No 996/2010 on the investigation and prevention of
accidents and incidents in civil aviation.
We sum up some of the main innovations on this EU Regulation:
− Article 20. Union airlines shall implement procedures which
allow for the production as soon as possible, and at the latest
within two hours of the notification ( as the AV JK 5022 had
required) of the occurrence of an accident of an aircraft, of a
validated list of passengers. This referred list shall be made
available to the safety investigation authority in charge, the
authority designated by each Member State to liaise with the
relatives of the persons on board and, where necessary, to medical
units which may need the information for the treatment of
victims.
The AV JK 5022, the Spanish Ministry of Transport, and the French
European Parliament member Cristyne de Veyrac have lobbied in order to
take into account in such regulation our tragedy.
− Article 21.Assistance to the victims of air accidents and their
relatives. In order to ensure a more comprehensive and
harmonised response to accidents at EU level, each Member State
shall establish a civil aviation accident emergency plan at national
level. Such an emergency plan shall also cover assistance to the
victims of civil aviation accidents and their relatives.
− Article 18. The addressee of a safety recommendation shall
acknowledge receipt of the transmittal letter and inform the safety
investigation authority which issued the recommendation within
90 days of the receipt of that letter, of the actions taken or under
consideration, and where appropriate, of the time necessary for
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their completion and where no action is taken, the reasons
therefor. Each safety investigation authority shall implement
procedures to record the responses to the safety recommendations
it issued. Safety investigation authorities shall record in the
central repository established under Commission Regulation (EC)
No 1321/2007 of 12 November 2007 laying down implementing
rules for the integration into a central repository of information on
civil aviation occurrences exchanged in accordance with
Directive 2003/42/EC ( 1 ) all safety recommendations issued in
accordance with Article 17(1) and (2) as well as the responses
thereto.
EASA ( European Agency of Air Security) carries out on behalf of
the Member States the functions and tasks of the State of Design,
Manufacture and Registry when related to design approval. Therefore
EASA, should be invited to participate in a safety investigation in order to
contribute, within the scope of its competence, to its efficiency and to
ensure the safety of aircraft design, without affecting the independent status
of the investigation. It is recognised that the participation of EASA and of
the competent authorities of the Member States in the exchange and
analysis of information could benefit safety investigations through on-line
access to relevant safety related information contained in the central
repository of information on civil aviation occurrences.
The coordination role of safety investigation authorities should be
recognised and reinforced in a European context, in order to generate real
added value in aviation safety, by building upon the already existing
cooperation between such authorities and the investigation resources
available in the Member States which should be used in the most efficient
manner. That recognition and reinforcement could be best achieved by the
European Network of Civil Aviation Safety Investigation Authorities
(the Network), with clearly defined role and tasks. As it is essential to
ensure clear rights for safety investigations, Member States should, in
compliance with the legislation in force on the powers of the authorities
responsible for judicial investigations and, where appropriate, in close
collaboration with those authorities, ensure that safety investigation
authorities are allowed to carry out their tasks in the best possible
conditions in the interest of aviation safety ( article 8).
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IN SPAIN
4th March 2011. As a consequence of the Minister of Transport
appearance in the Transport Commission in the Spanish Congress on the
23th September 2009, he was committed to reform Air Operational
Security Laws. It was modified Law 21/2003 of Air Security and it was
established the National Air Operational Security Programme for Civil
Aviation. The new Law 1/2011 , is a transposition into the Spanish legal
system of the 996/2010 EU Regulation.
The AV JK 5022 has supported the Spanish Pilots Association of
Civil Aviation (COPAC) during the processing of this law. This law should
have protected the decision of those pilots who detect a breakdown or an
incident before taking-off which could put into risk passengers and it would
allow them to decide freely (and without any fear of later dismissal) the
reject of any doubtful taking-off. Although this extend was accepted by the
Spanish Senate, it was later rejected by the Spanish Congress following the
indications of the Ministry of Transport.
The AV JK 5022 understands that acting in a preventive way must
occupy a first place in any subject related to Air Security laws. If the EU
996/2010 would have been in effect on the 20 th August 2008, a second
and fatal taking-off would have not happened. This is the main motivation
in the AV JK 5022 and they will continue fighting until the Spanish Air
Security regulations reflect those required changes.
29 th July 2011. The CIAAC published the Final Report which
reflects the investigations about the aviation accident which took place in
Barajas-Madrid Airport on the 20 th August 2008.
http://www.fomento.gob.es/MFOM/LANG_CASTELLANO/ORGANOS_
COLEGIADOS/CIAIAC/INVESTIGACION/2008/SPANAIR/InfoFinalSp
anair29072011.htm
The Ministry of Transport has needed nearly 3 years to present: 1)
An interim report, 2) A preliminary report, 3) A progress report AND 4) a
final report. We must say that in the same proportion the number of pages
in the Final Report increases, the number of facts that were pointed out in
the Final Report that caused the accident diminishes.
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2011
The AV JK 5022 has publicly censured this report because it does
not achieve its final objective: to avoid future aviation accidents caused by
the same circumstances.
Last 3th August, the AV JK 5022 jointly with the COPAC gave a
press conference. The president and two members of the board of the AV
JK 5022 together with the president of COPAC answered the questions
asked by the media. During this Press Conference which took place on the
Conference Room of COPAC , it was publicly defeated the position which
is held by both institutions ( AV JK 5022 and COPAC).The following day
this same position was also supported by SEPLA ( Civil Pilots Trade
Union) in another official Press Conference.
On the same 3th August the AV JK 5022 sent a letter to the Ministry
of Transport in other to show their total rejection to the Final Report. In
the AV JK 5022 opinion, this report do not achieve its main and only
objective which is to investigate the causes of aviation causes in order to
avoid future tragedies.
This Final Report do not reach nor the family expectations, nor the
air sector professionals expectations and neither the expectations of victims
and survivors of aviation incidents. It is our feeling that the Spanish Air
Security Authority have lost a great opportunity to modify old habits and
behaviours. Unfortunately the Spanish Air Security Authority keeps
considering guilty the pilots, which are just the last step in a failures chain.
During the history of aviation accidents, it is shown that, the effort
and determination of third parties produces the discovery of the truth. For
this reason, the AV JK 5022 supports the requirement of an independent
report made by prestigious and independent experts that would
invalidate the official final report presented by the Ministry of
Transport.
The AV JK 5022 will never understand why it has taken 3 years to
elaborate the Final Report by the Ministry of Transport ( of 308 pages),
while the NTSB, (which actively took part in the production of the Ministry
of Transport Final Report), presented on the 17th August 2009 a report of
only 8 pages where the main causes of the accident were described.
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2011
7. CONCLUSIONS.
Although the last year has been hard for the families and for the
Association, the legal strategy followed by the Association has been
consolidated. We have reach some serenity inside the Association, once it has
been spread the resolution published by the NO CONVENIENCE FORUM
regarding the hiring of American Law firms. Our lonely but respected work is
now at a legal level being taken into account.
This report do not contain nor justice neither the hundreds hours
invested in order to find the truth but it would allow us to achieve a status
that will allow us lasts through time, and it would make the Association to be
recognized at a legal, social and media level.
I firmly believe that LIVING IS NOT FORGETTING and I also think that
where THERE IS A DREAM, THERE IS A PATH. This path is being opened by
the AV JK 5022 and our purpose is to avoid in the coming future, the pain we
are suffering since the tragedy of 20.08.2011. If your interest for the activities
we develop, have been awaken, our main goal would have been reached.
M.PILAR VERA PALMES
PRESIDENT OF THE AV JK 5022
If you, or any of your family members, or friends are frequent flyers, help
us to make flying safer. Join us as a member! Thanks in advance.
OFFICIAL WEBPAGE OF THE AV JK 5022: www.avjk5022.com
Our contact details:
President: presidencia@avjk5022.com
Vice-President: vicepresidencia@avjk5022.com
Secretary: secretaria@avjk5022.com
Treasurer: tesoreria@avjk5022.com
Our address in GRAN CANARIA:
c/ Hernán Pérez de Grado, 8 -35001- LAS PALMAS DE G.C.
Phone: + 34. 928.31.22.32.
Our address in MADRID:
C/ Pedro Medrano, 6 – 28029- MADRID.
Phone: +34.91.314.22.22
21
I -1 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
ANNEX I: SPEECHES,
DECLARATIONS AND
ACKNOWLEDMENTS
ANNUAL REPORT 2011
I -2 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
MANIFESTO AT SANTA ANA SQUARE on
August the 20th 2010.
The AV JK 5022 shows today ( the most painful day through the year),
its total reject to the aims followed by the TV-movie inspired on the
facts which took place in Madrid on the 20th August 2008. The reasons
why we reject this TV-movie are:
1.- The judicial investigations in order to know the truth are not still
over. These investigatons could be polluted by the TV-movie release.
2.- If the Spanish Constitutions in legal terms make all Spaniards
equals, which is the reason why the law protect the one´s who enrich
themselves with this tragedy instead the one´s who suffer it?
3.-We do ask to that TV chain, that the premiere of this TV-movie
would be definitively stopped. Those TV producers do not have the right
to make us more victims that we already are. Their right to express
themselves freely is not on top of our pain. Finally, we must add that
their liberty of expression finishes when our right to defend those who
are not any longer with us start.
For all those reasons, WE DEMMAND TO ALL STATE AUTHORITIES to
protect us, we do ask them not to forget us and we do remind them
that it is their moral and material duty to assist us in our loneliness.
If State Authorities do not achieve our expectations, they will be
accomplices and guilty of this attempt to us and to the citizenship.
From the deepest of our hearts, thank you for supporting our pain……
THANKS GRAN CANARIA!!!!
ANNUAL REPORT 2011
I -3 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
ANNUAL BALANCE
PRESS CONFERENCE IN MADRID
BARAJAS AIRPORT 20TH AUGUST 2010
THE AVJK 5022HONORS AND REMEMBERS TODAY 20TH AUGUST THE
MEMORY OF ALL THE PASSANGERS OF FLIGHT JK 5022, and we do present our
second annual balance:
This Association was born as a result of the pain and suffering which was caused
by the tragedy which took place on the 20th August 2008. During the last 25 years
there is not in Spain a similar precedent such as our Association, simply just because
there is not any similar aviation accident such as ours in the last 25 years in our
country. For this reason, there is a lot to be done at judicial, administrative, social,
civil and personal level. These are our conclusions:
1º) The judicial process: We are pretty much aware that our case it is a very
relevant case. Although we must thank Court nº 11 for their work, we must also point
out the lack of means, specially technical means. This fact is making longer our
process and it is slowing down the technical reports made by the field experts. In order
to make our process far more effective, a quicker solution, which would respect all
parties interest, should be found .
2º) The Attorney´s intervention in our case: We do find quite hard to make
compatible our case (such a complex case at a technical and judicial level) with some
more other cases which are also undertaken by the same attorney. It is worrying and
disappointing after 2 years, the lack of interventions made by the assigned attorney,
due to the lack of human and material means .
3º) At an administrative level: For the moment, there is not in Spain any kind of
public aid for civil aviation accident victims. It is a discriminatory treatment that those
victims are suffering among other victims. For this reason, Associations such as ours
expect from public authorities the assignment of public resources through the yearly
General State Budget.
4º) At a civil level: There are not similar Associations such as ours in Spain. For
instance in France the victims of aviation accidents are protected by the state , who is
legally in charge of protecting the victims from third parties interests. A similar
protection would have help us to face the tragedy in a safer way.
5º) At a personal level: We do feel totally vulnerable and unprotected. The
emotional state in which the victims of this tragedy are, it is not the most suitable in
order to face a long process which would head to know the truth.
6º) At a social level: Sadly we are only a headline for society when the tragedy
anniversary comes. The main purpose of this Association is not only to know the truth
about what it happened on the 20th August 2008 but also to avoid future accidents
such as ours. If the recommendations made after the 1987 Detroit accident and the
2007 Lanzarote incident, keep being just “recommendations”, future accidents for the
same causes can potentially occur.
7º) At a citizen level: A great effort is being made by this Association due to the
lack of a Central Coordinating Authority which may support victims and survivors of
aviation accidents.
ANNUAL REPORT 2011
I -4 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
As a result of this effort a “National Plan of Intervention in Big Catastrophes” has
born due to our commitment. It is untolerable that a country such as ours would have
not count with a plan such as this before.
8º) At a legal level: Although the laws regarding air security have been modified,
this modifications are not sufficient and we must enhance reforms that would make
flying safer.
9º) Regarding the final report of the CIAIAC, we do expect that the new
members of the CIAIAC board would reform the existing culture of this institution
which consists in considering guilty some of those who are not longuer among us. We
do also expect clear and precise recommendations to airlines maintenance teams
from the CIAIAC.
ACKNOWLEDGEMENTS: very few Public Authorities have been on our side during
this time. It is a question of justice to say who they are in a public way.
1º) In Madrid: Our acknowledgements to the actual Minister of Transport and
its team whose attitude towards our case is just the opposite shown by his
predecessor. As a result of this support some reforms in air security law have been
undertaken and two members of our association have been included in the Spanish
delegation which took part at a high level meeting in OACI ( International Organisation
of Civil Aviation) in Montreal in April 2010. Thanks to this participation an informal
meeting of European Transport Ministers took place in La Coruña and the EU
regulation about the investigation of aviation accident and incidents have been
fostered. We are totally sure that Mr. Blanco´s commitment will continue as far as he
will keep being Minister of Transport.
2º) Our gratefulness also to Madrid Town Hall: its Major and Vice-Major have
made a reality the Monument that today has been presented and that it is foreseen to
be opened next year. Our gratitude to all those public servants whose efficiency and
humanity have been a constant.
3º) In the Canary Islands: We must also thank the support given by the Cabildo
de Gran Canaria ( Gran Canaria Council) whose determination have make possible the
Monument which honors the victims of the JK 5022 flight.
This not the case of the Parliament of the Canary Islands whose initial
commitment was agreed in a visit made by a commission of our association and that it
was later totally forgotten.
We omit deliberately to those institutions that have not could give any kind of
response to our demands.
4º) In Europe: Our acknowledgement also to the FENVAC ( The French Federation
of Associations) whose support from their experience is greatly valued.
Finally, we would like to ask solidarity to all airplane users. We do ask them to join
our cause and to help us to find THE truth.
Last but not least, we would like to reinforce the main goal of our Association
which is no other than knowing the real causes of the accident of the 20 th August
2008. We demand an answer for all the Spanish society. We do ask to all Spanish
Institutions and Authorities to use all their available means in order to find an answer
to victims, survivors, relatives and to the Spanish society. We keep waiting.
Madrid, the 20th August 2010
THE BOARD OF DIRECTORS OF THE AV JK 5022
ANNUAL REPORT 2011
I -5 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
PRESENTATION MODEL MONUMENT AT
JUAN CARLOS I PARK
Coinciding with the 2ND anniversary of the tragedy of the 08.20.2008 ,
proceeded from the City Council of Madrid at the request of the AVJK5022 to
submit the model of the monument that would begin to lift in the same place
where it was released with the intention of its inauguration before or on the
third anniversary .
The event was chaired by the Delegate of the City Council of Madrid and
were present almost all professional bodies that took part in the rescue of the
victims, once produced the catastrophe, it was an act lovely and many of the
families who had not come, have repeatedly requested have these words, of
what is now included in this Report.
MR. VICENTE G. GUERRERO MAYORAL.
MADRID, AUGUST 20, 2010
Good morning to all:
As a partner of first class of the AVJK5022 i have been asked to say these
words on behalf of the families that united by this tragedy we have grouped
under its protective umbrella, to try to give answer to the nonsense by which
we have had to survive the most precious assets we had in our lives: our
children, brothers, parents, nieces and nephews ….
There have been already 2 years since this tragedy from occurring which
we do not get used never and solidarity, support and affection with which they
went out both the spanish people as the various public bodies was a fireworks,
the end of a firework display, because with some honorable exceptions today
little remains of this almost all levels
The families we're constantly engulfed in expensive legal process fighting in
solitude against giants of power and money. While some media we have been
treated with respect and dignity, another one that all of we know and that we
refuse to pronounce his name, has exceeded the limit of what is tolerable and
you want to deliver a TV series about the catastrophe of Barajas, which hurts
us deeply, because it had long been clear that this calvary would have many
obstacles, but we could never have imagined that we get this far to make our
pain, without our permission or moral authority.
Who protects us now?, which climbed entrusted to the Flight JK5022 to
never reach their destination, did not have the protection that now calling for
in their name: It cannot be that without knowing judicially what happened,
make it possible to invoke the right to freedom of expression to override our
rights as citizens affected by a huge catastrophe.
ANNUAL REPORT 2011
I -6 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
I proposed to the list of partners is image as main exponent of the dignity
that means losing their lives so dramatically, was accepted by the majority of
the families and I now explain why it occurred to me that photo that we are all
etched in the memory, should involve more than the defeat for all that we lost
part of our life in that fateful flight.
And that is that we will be forever the image of the helm of the JK 5022,
did i dare in one of its wings of queue mired in the land, in the land with
which they try to clog the incompetence and the responsibility of managers
and staff who have not fulfilled their duties, and now they are trying to by all
means abandon their responsibilities.
At his side emerge pointing to the sky and hope for the other wing, and the
sharp tail. The pain of the ala trapped next to the desire to see shine, in a
clean sky, justice and truth on the flight JK5022.
A monolith, a stone which for many will be only reference of the greater air
disaster in Spain, but that for most of us, when we visit this place, will be a
place of hope where we shall want to with the aroma of this place of roses “La
Rosaleda” reach the great creator our prayers of piety and mercy , of
permanent love for them and as a catholic i have this deep conviction.
The families and those affected, we hope and trust to get to the end of this
long, costly and complex way in which we have embarked with the firm
purpose of getting at the truth of what happened on August 20, 2008 on the
slopes of the Barajas Airport, only in this way we can coexist with the
absences that, far from being reduced, become enlarged with the passage of
time until it became almost unbearable.
Thanks at all.
MS PILAR VERA PALMÉS, PRESIDENT OF AVJK5022.
Ladies and Gentlemen…, friends of the soul, good morning: As President
of the AVJK5022 I am writing to you in this second anniversary of the largest
air disaster that occurred in the Barajas Airport in the last 25 years, which
today brings us here in this simple act to draw the site where is erected a
monument in memory and remembrance for the victims of that flight.
I would like to briefly why and how is born the Association in very tragic
times. In the days following that date, as a result of the lack of orderly
responses to the confusion that follows a tragedy of these dimensions and the
profound distress that we are sorry for the affected that they individually we
are not able to obtain what we as the citizens belongs: dignity, protection, and
respect for our pain and our casualties.
And because there was no history of a similar incident, we have had to
build every day, since then, our path through which transit with a destination
marked in our Statutes, and started opening up the path on all fronts, the first
of them in our lives where seemed to stop the clock of the time, but outside
because the reality confronts us with the absence of those who are not.
ANNUAL REPORT 2011
I -7 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
The promises and facilities of the principle by those who have the
authority to do so, they tend to be cleared with the same speed with which the
family members , the time we still crushing the soul. Joined us then despair to
obtain responses to a nonsense you choose without you ever understand why.
Unites Us now, the certainty that we are in the right path to achieve our goals.
But we cannot, this fight resembles that of David against Goliath and
hope that it ends with the triumph of the weak on the mighty , embodied in
these multinationals with infinite material and human resources , to pay
compensation it is cheaper and cost-effective, to invest in air safety and we are
faced with the force of reason and the certainty that our cause is just.
Combat the inefficiencies of the system from the responsibility and with
the clear objective of improving it will make our indefatigable task has its
rewards to ensure that the date on which the punishment of the culprits of
this tragedy, pass to the history of the same way that has already been done
by the August 20 of the 2008, which will contribute to calm our hearts.
Our appreciation to the technicians of the Town Hall that have put their
best of intentions in that this tribute was a reality but also the Mayor that
morally and humanly approached that day a tragedy that prevented him from
the step, but that far from be afraid the later gave to these citizens who
received to enquire about their struggle, I ask you, esteemed Delegate, to
convey our heartfelt words to him and to his Deputy-Mayor, without whose
assistance we had not achieved today being here.
Vicente Guerrero has explained the courage of the tail fin and rudder
that refused to die on your knees, symbolically resembles the Oak who will
preside over the Rosaleda and which will be placed in front of the image which
will be shelter, protection and shelter .
But also for all that we have been the soul broken into a thousand pieces
from makes today, 730 days, which will give us the strength we on ancient
cultures believed that has this tree, here we come in the most difficult
moments, to look for the energy that we need to fulfill our duty, to accompany
the stone that you will remember us the sole purpose to guide us to all of us
this Association: Know the truth for that 154 people died and 18 have survived
the horror that occurred there.
The nature of life that we snatched, before the time marked by herself, to
our loved ones, have to help us necessarily and i am convinced that it will do
so from this place, to our struggle to make other people do not go through the
ordeal, was introduced to not leave never, in our hearts, it is now 2 years.
Against the general opinion, we shall ensure that does not go
unpunished or what happened before, during or after the accident occurred,
because when the world has changed, has been driven by faith and a belief by
persons who have committed to this and we, we will do so for those who can
no longer do it themselves, we are all obliged, you as people, as well.
Do not let this happen again, because if they don't work with the same
commitment and engagement, with which we are doing, we will be indirectly
responsible for this tragedy.
ANNUAL REPORT 2011
I -8 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
The day August 20, 2008 something broke in our interior, for us these
days are a real torment, the mind has gone on a rampage and insistently
reminds the times that we are sorry that we could not handle so much worth,
but here we are, standing, paying tribute to the helm of the JK5022 which will
guide us along this path of difficulties that we have voluntarily chosen ,
ignoring the advice of those who medically recommend turning the page, but it
is that we cannot and must not, we are not ourselves if we abandon our duty
as human beings engaged in our duty to get so much death and suffering is
not in vain, only peace will return to nest in our soul, because the serenity
came to stay on track 36-L from the Barajas Airport.
For them, for each and every one of the passengers on Flight JK5022, we
are obliged…
Thank you.
ANNUAL REPORT 2011
I -9 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
INAUGURATION OF THE MEMORIAL IN
MADRID: JUAN CARLOS I PARK
This act jointly chaired the Town Hall of Madrid, with the Mayor and
Deputy Mayor, and the Chairperson of the AVJK5022 but only intervened the
Chairperson of the AVJK5022 of which includes the words she spoke.
MS PILAR VERA PALMES,
PRESIDENT OF THE AVJK5022,
MADRID, JUNE 18, 2011
Gentlemen Mayor and Deputy Mayor of Madrid, authorities, Councillor of
the Municipality of Las Palmas de Gran Canaria, friends and colleagues of the
soul…
We are meeting today in this place, to pay tribute to the memory and the
Memory of the 154 dead, but also to share the hope, of the 18 survivors of the
Flight JK5022, air tragedy, more terrible that occurred in Spain, in the last 25
years.
I want to remember, to each of the 172 passengers, which never reached
their destination , all children, youth and older, who stormed entrusted to that
plane , which was truncated life of the majority and left wounded physically
and emotionally to the rest.
It is now 34 months since that august 20, 2008, following which, the
Association assumed the humongous commitment, to pay tribute to them the
tribute more complicated to carry out: To know the truth about what
happened and to transform the laws of air safety, by making them fly safer for
all, including a huge effort that is hard to understand and in which almost
nobody believes: they will not, but if they can achieve that never happen again.
Why does the tail fin and rudder of the JK5022, on the stone that
centralizes this monument? It will be an unknown indecipherable:
Why stood, why there was no fragment, why they refused to die on their
knees …? They say that they don't understand aviation, which is not common
that happen, but neither gives more scope…
However, the dignity that emerges from the scorched earth, pointing to the
sky, is a symbol, that gives us the strength to face how painful it is to continue
living with so many absences in our lives. We seem to be this indicating a path
to follow in the middle of so much confusion …
That photo went round the world and did he soften, with its blackness and
fright transmitting, until the heart harder. Will Be the first monument of those
that have been made , that does not confuse anyone that see will even
thinking about a second , on the fragile dividing line between life and death.
ANNUAL REPORT 2011
I -10 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
That is why it is so important for the Association is to banish the
CULTURE OF THE FORGETFULNESS, because it only the strength of
memory, makes society understands and supports our firm determination to
arrive until the end and the consequences that this entails.
Let us not allow this to happen again, let us learn from the mistakes made
with the Flight JK5022 the teachings that prevent people die with that
cruelty… Prevent, has to be cheaper to pay compensation, when it has already
lost their lives because they went beyond the bounds of prudence and safety.
You can't choose how you are going to die or when… Only you can decide
how to live now. Rafael, Ligia and José Pablo, have decided to contribute with
their efforts, over and above its condition of survivors, to help decisively to find
that truth which we seek. My personal admiration for the courage to show
that, but also my recognition of President, for the dedication they are taking
with the Association much needed resources to achieve their objectives.
The feeling by the aviation of the partner Vicente Guerrero Mayoral,
inherited by his son, Gabriel, whose knowledge remain in the history,, was
born the proposal that the image will live forever in the stone, in a simple
drawing that families accept, trying to decipher a message of truth that seem
to hide their wings.
The phrase that defines our permanent state of mind: somewhere …always
in our hearts", are recorded at their side in order that the stone does not have
never that cold that generate absences and that is installed on the soul in
order not to leave ever again.
A transparent gaze demonstrates the light of the heart, the same as for the
partner Luis Rey Nieto, put in the drawings and in the mock-up of technical
without titles, which served as a basis to make the stone. Their hands, filled
with wisdom and worn out by the job; they all love to be, in its large body of
good man , so that in the Rose Garden of this Park would only perpetuate the
memory of that tragedy, he ripped their 2 grandchildren only men, his
daughter Marisa and his son-in-law.
When my voice stop with death, my heart you will continue speaking, my
niece Ana helps me not to leave the difficult crossroads vital in that i am as
President of the Association.
This place, which is chaired by the young oak, escorted by Parrotias that
seem to multiply as it emerges from the earth, it is located opposite to this
stone that gives protection, under a sky open and clean that brings us closer
to those that were that august 20, 2008.
We will come to this Park to contemplate it, since the banks surrounding it,
to give us the strength and serenity that we need to achieve, that other people
do not have the illness and the suffering, which has not abandoned us to none
of us, since that tragic date.
In the shade, will ease the moments when we feel that we cannot handle so
much punishment, so sad, so much loneliness in this unequal fight and from
here we will return, to stand up again and again, in the image and likeness of
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I -11 ANNEX I: SPEECHES, DECLARATIONS AND ACKNOWLEDMENTS
the tail fin and rudder of the JK5022, which will guide us along this path of
difficulties we have voluntarily chosen, ignoring the advice of those who believe
that LIVE IT IS TO FORGET, but it is not we, if we abandon our obligation of
human beings to get so much death and suffering has not been in vain.
Until wherever they are, will fly our hearts in the form of balloons, which
we send our love, and the eternal commitment that is in writing in the cartel
that explains this place to all who approach him again.
I would like to thank the work they have done since the City Hall staff team
coordinated by the tireless Francisco Panadero: Fidel, Antonio, Santiago,
Juanjo…, they have more than his work in this monument, the respect for the
cause of the Association to work in favor of all.
The Mayor of Madrid that August 20, he was not allowed to pass the
security cordon to reach the site where it came down the plane. Later, Alberto
Ruiz Gallardón opened the door of his office without cameras to listen,
approaching our drama and demonstrating the humanity, what is lacking all
those who marched those days looking for a role, not theirs.
From the depths of our hearts of citizens and victims, we are grateful to
them , Mr. Ruiz Gallardón, and Cobo Vega, its sensitivity with the Association,
you have made it possible for this monument is this opening today.
WHERE THERE IS A DREAM, THERE IS A WAY, the Association with
much effort, but iron will is currently being built, working relentlessly to
ensure they do not take off never more, an airplane that is not in a position to
do so, in the hope that understanding, of all those who have in their hands,
the management of the air transport, because if they do not, will be indirectly
guilty that happen again.
For them, for each of the passengers on Flight JK5022, we are all obliged
… THANK YOU TO ALL THOSE WHO HAVE BEEN BROUGHT UP TO HERE
TO SHARE THIS ACT.
ANNUAL REPORT 2011
ANNEX II: DOCUMENTS
II - 1 ANNEX II: DOCUMENTS
Extract from the report of Eurocontrol -
European Commission
In the last report of the European Commission / Eurocontrol
regarding yields of air traffic appears published the shocking figure of 47
air near misses in the spanish airspace during the year 2010 (incidents
with severity "A"), compared to none in the United Kingdom. According to
this official report, air traffic incidents have been shot in Spain in the last
year. The total figure amounts to 1085 security incidents.
“In 2010, the total Lumber of incidents was 1085, with 47 severity A incidentes an 95 severity
B. With this figures, the 2010 WSI value us 14,27 and the ATM WSI value is 13,23”. Spain, in
addition, stands in the head in the European Union in delays. Barajas and its terminal area appear
as the airport more congested in Europe, followed by Barcelona.
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OUTLINE OF THE SECRETARY OF STATE FOR
TRANSPORT’S VISIT 17TH FEBRUARY 2011
Meeting with the Secretary of State for Transport in order to deal with the
following pending issues since November 2010 which are detailed in order of
importance:
“FAMILY ASSISTANCE” CONFERENCE NSTB (NATIONAL TRANPORTATION
SAFETY BOARD) – 28TH AND 29TH MARCH:
a. Invitation for this annual conference by the ACFVA (Advisory Committee on
Voluntary Foreign Aid)
b. Request of the ICAO (International Civil Aviation Organization) CIRCULAR
285 in Spanish
c. Spain Sponsorship Application for the working team from ICAO present in
the Guidance / Circular 285 since Spain was the main driving force in
2001 and the Association can participate.
d. Giving information about the attendance of the AVJK5022 (Association of
the Flight JK5022 Victims) to the Conference by the NTSB in Washington.
NATIONAL PLAN OF INTERVENTION IN MAJOR CATASTROPHES:
This report is written by 3 members from the AVJK5022 and then handed
in. This basic document should be useful for the coordination of the resources
among the entities and the Public Administration in new catastrophes.
MODELS OF AIR CRASH VICTIM ASSOCIATIONS ALL OVER THE WORLD.
⇒ FRANCE: FENVAC AND FIVVA: Macro – associations with government
support. They prevent air crash victims from the hell the AVJK5022 is
going through because they deal with the family judge process. We have
handed in the dossier.
⇒ FRENCH GUIDE about “the attention and support of the air crash victims”
by the Judge and Transport Ministeries.
⇒ USA: ACFVA (Advisory Committee on Voluntary Foreign Aid): it works as
an umbrella where the American Air Crash Victim Associations are
sheltered. These American Victim Associations are very respected by the
NSTB(NATIONAL TRANPORTATION SAFETY BOARD) and the FA (Office of
Family Affairs)
⇒ ENGLAND: Model joined to the British Air Safety whose Service of Safety
inspection in Airplanes is perfect in Europe and is based on social rather
than judge assistance like the FENVAC
SPAIN: AVJK5022 (Association of the Flight JK5022 Victims): Fist Spanish
Air Crash Victim Association. It will be the reference for future air disasters
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and fights to get a status to support the families for the events they have to
face up after the catastrophe (insurance companies, multinational
companies, Administration, Spanish lawyers, foreign bureau, difficulties in
the judge process, conflicts to get an expert’s report with the purpose of
helping to throw light on the catastrophe.
⇒ The lack of family protection is evident from different points of view.
Helping families with some subsidy is not enough when families carry out
the Administration work with more willingness and decision than material
and economic resources against multinational companies which has a lot
of resources making the fight be unbalanced.
⇒ Victim families from other minor accidents with fewer amounts of dead
usually come to the Association of the Flight JK5022 Victims (AVJK5022)
to ask for our help. However we cannot help them because of our lack of
resources.
IDEAL MODEL AS A PROPOSAL: A mixture of the French model with the
American one but with the help and support of the Ministry of Public Works and
of the Ministry of Justice. These two Ministries could form a Committee to carry
out a project which answers the place crash victims’ demands
SURVIVORS
Survivors who are still recovering have certain economic difficulties to pay
the hospital invoices and social ones for their problems when coming back to
their own profession, etc.
EUROPE
Any support has been required through the Government of Spain and the
Spanish Parliament Parties. The goal is that the Flight JK5022 Association can be
registered as Interest Group of the European Parliament and can attend, like the
French, the debates about aviation safety in order to present their experience
The AVJK5022 (Association of the Flight JK5022 Victims) met the French
M.P. Cristine De Veyrac, Speaker of the European Regulation of the Official
Commission for Accident and Incident Investigation approved in October 2010 by
the French and the intention would be to do the same with the Spanish
Government.
SUBSIDIES
We remember the commitment of the Ministry of Public Works in order to
include subsidies for “air crash victims” in their 2011 Budget as it is common in
Spain with the rest of the victims. The AVJK5022 (Association of the Flight
JK5022 Victims) has carried out a research on “Air Crash Victims: non –
existence of aids “which was handed in. This report covers the Administration
indicating that favoured group. NO ANSWER INSPITE OF THE THEIR
COMMITMENT IN 2009
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AENA
New petition in order to rise up the plaque present on T2 Terminal besides
the Monument called “the Pigeon” . NEGATIVE ANSWER
CIAIAC
Final report: After the meeting taken place on the 22nd December 2010
where the AVJK5022 (Association of the Flight JK5022 Victims) is informed that
in a short time the Final Report will be published. WE ASKFOR THIS ISSUE BUT
NO ANSWER WAS RECEIVED.
AIR SAFETY
The AVJK5022 (Association of the Flight JK5022 Victims) presents that all
the changes announced in September 2009 by the Ministry of Public Works have
not certainly at the level of their expectations and desires. The last change,
Operational Air Safety Law which is an alteration of the Law 7/2003 has been
approved by the lower Chamber of the Spanish Parliament. This last change
doesn’t cover the prevention character which should have the Air Transport
Regulation. How Air planes deficiencies are reported by the responsible
professionals if this fact could possibly suppose the loss of our job?
MINISTRY OF PUBLIC WORKS - AVJK5022
We make a proposal of setting up a relationship circuit through the State
Department Secretary of Transport as it is kept with the ex State Secretary or
through the means they consider to follow up the mentioned issues. The
AVJK5022 (Association of the Flight JK5022 Victims) needs assistance, help and
resources which the Ministry, being responsible for Air Transport, has. The
reason is that they consider themselves a victim of the system which doesn’t
know how to keep the safety standards of the Air Transport which hurt the
affected lives forever.
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WRITING TO THE MINISTRY OF
DEVELOPMENT
June 7, 2011
Ms Mª del Pilar Vera Palmés, in her capacity as chairperson of the AVJK5022,
CIF: G76009935, with address for the purposes of notifications at 6, Pedro Medrano
street, postcode 28029, Madrid, Tel 644570815, and in compliance with the
agreement of the general assembly of partners, she communicates to you and exposes:
1.- With date September 9, 2009 interviewed several members of the board of directors
with you, holder of this Department, in which we outlined the problems with the families
that belong to the Association, after the air disaster produced the August 20, 2008 at
Madrid-Barajas Airport, with the flight JK5022 of the airline Spanair.
2.- It was subsequently interviewed on 3 occasions with the previous holder of the
Secretariat of State for Transport, Ms. Concepcion Gutierrez del Castillo, in which
reiterated the difficulties with which we were faced with more than 24 months of the
tragedy and in particular it is presented a series of challenges that the association had
been fixed with the aim to serve the purposes stated in its bylaws.
3.- The ministry of development helped the association was present in the High-Level
Meeting of ICAO that was held in Montreal in March 2010, as well as the interview with
the former Director General of Air Transport of the European Union in La Coruña in
2010, with the objective of providing our dramatic experience of citizens affected by an air
crash and correcting bugs.
4.- At the end of November 2010, with the replacement by the current Secretary of State
for Transport, Mr Táboas, we ask an interview to try to resolve the issues raised in his
predecessor which had not had an answer. Finally, after insist a lot, we were received on
February 17, 2011, at the impending assistance of the association for the international
conference on assistance to the families of the NTSB held in Washington in March 2011.
There we put the script that is attached to document number 1 and that contains items
that we came raise systematically to its predecessor, in addition to the reports quoted in
some of its subparagraphs, some of which was also given to the Minister of Development..
5.- All the issues included in the spoken dash, only in response to the assistance to the
NTSB for what the Ministry assisted through the DGAC (at the return we gave to the
Genral Director in a DVD the conclusions of the conference) and that AENA contemplate
the petition of the partners adjourning a plate, issue that finally did not agree to oppose
radically.
6.- The Association was present at the International Conference on Assistance to the
families of the NTSB in Washington and was able to verify the attention of the families
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affected by air accidents by part of this independent Federal Agency of the United States
Government, NTSB, present in almost all the investigations of aircraft tragedies in the
world, including Spain, where is an active part of the investigations undertaken by the
CIAIAC, dependent on the Ministry of Development, of the Spanair accident occurred the
August 20, 2008.
Its motto, “From tragedy we draw knowledge to improve safety for us all” fully agrees
with the objectives of the association is working tirelessly in favor of that fly safer for all
users of the aircraft as a means of transport, starting from the tragic and dramatic
experience lived by all its members.
6. bis.- The association continues to be immersed in all the problems at the judicial level
and social that has triggered the air tragedy of August 20, 2008, without the aid or reply
to the questions raised from that September 9, 2009 by the Administration and in
particular of the Ministry of Development that regulates the rules of the air transport in
Spain.
7.- As document number 2, append a "Report on the lack of aid to the victims and
those affected of air accidents", made by the association that reflects today's date the
situation of the victims of air accidents affected by the increased air disaster in
commercial aviation in Spain in the last 25 years, without aid that will enable them to
meet with guarantees the defense of their rights.
8.- As document number 3, attached is an excerpt of the Report of the European
Commission/Eurocontrol regarding yields of air traffic, where it appears published the
figure of 47 AIR NEAR MISSES IN THE AIRSPACE SPANISH DURING 2010 - incidents
with “A” severity, that comes to endorse the high concern that maintains the
Association that have not been corrected the faults that could cause the accident of the
august 20, 2008.
While in the United Kingdom is listed with zero incidents, due to its policy of prevention,
through inspections, Spain still immutable in its policies "reactive": act after a disaster. In
our case, nor that, 34 months later produced and despite having requested with
insistence to the Ministry that lay the groundwork for the victims and families of aircraft
accidents are treated with dignity to which every citizen is entitled victim of the
inefficiencies of the system that you must protect it, the response has been the
resounding and hurtful silence.
9.- The attachments and the more-than worrying situation of the families and survivors of
the Acidente Flight JK5022 of Spanair, that’s is why
Its requests to the Minister for Development that received this written and their
documents 1, 2 and 3 attachments:
9.1.- Producing a written record of the constant struggle that has been keeping the
Association to be accorded the same rights as any other Association of Victims has
in Spain.
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9.2.- Obtain answers to the questions posed to the Secretary of State for Transport
in the visit February 17, 2011, that we consider of extreme importance.
9.3.- For those who have not been addressed yet, since the Ministry that should act
as a coordinator or catalyst, in union with other of the General Administration of
the State and even with the Autonomous Communities of Madrid and the Canary
Islands, is once again receive the Association to try to seek a solution that
contributes effectively to lay the groundwork of the subsequent procedure to the
disaster that protecting the citizens and against the facts that are triggered and not
only for the families currently affected but for which might eventually be produce
in the near future because unfortunately the recurrence of causes that will originate
another air disaster.
It is fair. In Madrid to June 7, 2011
HIS EXCELLENCY MR. JOSÉ BLANCO - MINISTER FOR DEVELOPMENT.
Paseo de la Castellana Street – New Ministries – Madrid.
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WRITING TO GOVERNMENT OF THE
CANARIES
June 27, 2011
Ms Mª del Pilar Vera Palmés, in her capacity as chairperson of the
AVJK5022, CIF: G76009935, with address for the purposes of notifications at 8,
Hernan Perez de Grado street, postcode 35001, Las Palmas de Gran Canaria, Tel
644570815, and in compliance with the agreement of the general assembly of
partners, she communicates to you and exposes:
1.- Written submitted to the Ministry of Development with date June 27, 2011 in
which describes the steps taken by the association for recognition of the aid that
have any other association of victims in Spain. Document number 1.
2.- Attached also the report by the Association of Inexistence of aid for the
victims and affected air accident in Spain, in which includes the three
administrations: Central, Autonomic and Local.
3.- Also is attached an extract from the Report of Eurocontrol on incidents with
severity "A" in the spanish airspace during 2010, explained in the writing of the
first point of this document that paint the fear of the association to continue with
the reckless policies of subsidising airlines that do not invest in air safety
discriminates against the who do and that they are equal, in order to survive,
negating the safety standards for aircraft. Document number 3.
4.- Due to Local Government of the Canaries is transferred some skills in the
field of air transport and has a Local Ministry of Transport, the AVJK5022
destined for Gran Canaria and where almost half of the plane were originating or
resided on the island aforementioned, she calls to participate in union of the
Central Administration that manages the rest of skills in the search for structural
procedures to help after the catastrophe, to the victims and families affected,
especially if one takes into account that for the Canary Islands, the plane is the
usual way of transport to all the canary islands without exception and that the
Association has among its purposes, ensure that the collective air transport user
should be assured that they had no passengers on flight JK5022 that never
reached their destination.
5.- The AVJK5022 wants to manifests itself on record to the Administration of
the State: Central: Ministries of Development and Justice, Autonomic and Local
of the Canaries, their endless struggle to raise the awareness of the authorities
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that the errors that could cause the greatest air disaster in the Spanish
commercial aviation in 25 years, that occurred on August 20, 2008 at Madrid
airport, remain uncorrected.
6.- And that to go on in the practice of reactive policies = post-tragedy and not
preventive = avoid them, could sow the harvest for a new air disaster of which you
there are warned in advance by the affected parties of a tragedy that is being
tested in the judicial investigations that are being carried out in the Court No. 11
in Madrid that could have been avoided if they had been followed established
security procedures.
For the foregoing reasons and the documents that accompany
REQUESTS the President of the Government of the Autonomous Community of
the Canary Islands that received this writing and the documents and the enclosed
report
6.1.- Producing a written record of the constant struggle that has been keeping
the Association to be accorded the same rights as any other association of victims
has in Spain.
6.2.- Obtain the Institutional support of the Autonomous Community of the
Canary Islands in the tasks to the Ministry of Development, taking into account
the purposes set forth in the Statutes of the Association, among which is that
never again repeated this tragedy and to fly it is safer for all users of the airplane,
natural way for the transport of the canaries.
6.3.- Due to the absence of aid for victims of accidents in the air through this
Presidency, together with the Department of Transport of the Autonomous
Government of the Canary Islands, it receives to the Association to seek a
solution which would effectively contribute to lay the foundations of the
subsequent procedure to the catastrophe covering the citizens and against the
facts that are triggered and not only for the families currently affected but for
which might eventually be produce in the near future because unfortunately the
recurrence of causes that will originate another air disaster.
It is only fair, in Las Palmas de Gran Canaria, June 27, 2011
HIS EXCELLENCY THE PRESIDENT OF THE GOVERNMENT OF THE CANARY
ISLANDS.
HEADQUARTERS IN LAS PALMAS DE GRAN CANARIA
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1, Dr. Rafael O’Shanahan Square.
Zip Code:35004 – Las Palmas de Gran Canaria
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WRITING TO THE SECRETARY OF TRANSPORT.
June 29, 2011
HIS EXCELLENCY MR ISAÍAS TÁBOAS
Secretary of Stato for Transport.
Ministry of Development.
Paseo de la Castellana Street, Madrid.
SUBJECT: ASSOCIATION OF AFFECTED OF FLIGHT JK5022.
Mr. Secretary of State:
Since you visited to you last February 17 of this year, we have not had a response
to the issues that we raised during the same except in regard to the trip to the
International Conference on the NTSB in the USA of the Association and to lift the
plate of the soil in the T2 (Terminal number 2) that finally could not be by
decision of AENA and sincerely we weren't expecting this silence with the victims
of the largest air disaster of the past 25 years in Spain on the part of the Ministry
that manages the air transport with all its consequences.
I should not fail to transmit to you these lines, before the initiative that has
submitted the past day 15 of the current month regarding the Agreement for
Quality in the Air Transport (ACTA – AQAT) expressive of the bitterness that
surrounds us that everybody in the Board of Directors of the Association to check
again the oblivion with the affected by the rulings of the air transport system in
our country, because being the quality very important, life is much more and 34
months after our tragedy, we continue to suffer the incomprehension, oblivion
and ostracized by those who had the obligation to our loved ones will reach their
destination.
When it was born the Association and we aim at ensuring that never again took
off again a plane that was not in a position to do so, we thought naively that the
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Administration would learn from the mistakes made and that he would enjoy the
victims to correct them, in view of the AQAT, passengers will continue to be at the
mercy of the two parties that govern in air transport: the Administration and the
so-called "Industry", but with a modest difference: that we, as citizens we have
the dead.
To carry out the AQAT, Spain comes to reference countries like France (where is
to be respected, considers and defends the victims), the United States (where the
NTSB, present in all the investigations at the global level, listen to the families
affected) and the United Kingdom that with its preventive policy (strong, well-
respected body of inspectors) barely has air accidents (Eurocontrol 2010).
As you know because we told you so in the only interview we have had with you,
we already have come to these countries in search of aid because there was no
history of associations of victims of commercial aviation in Spain and we saw long
journey and the respect with which concerned, the industry and the
Administration and the citizens, why not apply the same or a similar here and
avoid more suffering to which we are suffering?
The association has the responsibility to obtain dignity and protection in Spain,
not only for the families now but also for those who in the future could suffer the
suffering which we have from the August 20, 2008, but for this it is essential the
help of the Ministry that has entrusted the powers on air transport, that cannot
and should not continue in the position of ignore how many approaches we have
done in the search for solutions that balance the uneven struggle in which as
citizens we are immersed to bring justice and truth.
Mr Secretary of State, we are aware of the difficulties of being the first because
the direct consequence is the consideration of "a grain more" in the system, the
same that blames our air disaster with the statistics for not getting down to the
human drama that triggers, that the prevailing culture is the forgetfulness and
the "blame the dead", but the truth and the truth is that our tragedy could have
been avoided if they had not been exceeded the minimum limits for air safety.
According to official data published by the CIAIAC, in the period 2000-2010 have
occurred in our country a total of 661 events between accidents and serious
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incidents (that have been investigated), with more than 300 fatalities and
more than 500 injured between serious and minor.
How many dead are needed to listen to us and treat us with the same dignity as
any other citizen of the countries mentioned above, in addition to delete
discrimination which implies not being considered as any other victim in Spain
by the Ministry that has the competence to do so?
In expected once more of response. Yours faithfully,
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WRITING OF SECRETARY OF TRANSPORT
Ms. Pilar Vera Palmés
Chairwoman AVJK5022
8, Hernan Perez de Grado Street
Zip code 35001 – Las Palmas de Gran Canaria
Dear Pilar:
In reply to your letter of June 29 and in the first place, i thank you again the
initiative and the commitment to the Association of for his work to prevent
accidents like of 20 August 2008 happen again.
In your letter, the call my past 15 june for the key players in the sector to
participate in the Meeting of quality of air transport, in order to identify points of
improvement and propose actions to strengthen the quality of service in the
sector.
In particular, it is intended that the Meeting will end in the next few months with
an agreement to the quality of the air transport, to address concrete goals of
improvement in areas such as:
the punctuality,
incidences of boarding denies and flight cancel,
implementation of an information service of incidences to the passengers
in the air transport,
improvements in procedures for the control of security,
check-in and baggage management procedures,
accessible services for handicapped people.
The announcement of the creation of the meeting called the airline associations,
also handling associations, entity responsible for the airport (AENA) and service
providers, due to the involvement of all these agents and representativeness from
the point of view of the quality of the passenger service.
Of course, the initiative of this Ministry develops without prejudice to other steps
for the improvement of operational safety. Here, i would like to remind you that
the Ministry of Development has given high priority air safety from that make
your public announcement of approving, inter alia, an entire body of standards
for the improvement of air safety at the hearing in the Commission of the House
of Representatives on 23 September 2009, and that have been met
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Among the objectives in this area, i want to emphasize the update of law 21/2003
by law 1/2011, in order to enhance the precautionary approach to air safety by
regulating the principles of the program of operational safety of the state and by
seeking guarantees in order to promote the communication of events and
strengthening the inspection capabilities of the AESA, expand the ability to
recruit understaffed specialized.
It was also has regulated the time of activity and rest of the crew, security
certification in airports for local responsibility, the regulation of the conditions of
air demonstrations, the regulation of the competence in the language, i.e. levels of
English and Spanish enforceable for professionals in the area, the modification of
the regulation of the CIAIAC and procedure for technical research in order to
change the composition in order to give it a greater technical and structure more
agile, subject to parliamentary control in the appointment of its members, to
improve the follow-up of the implementation of their recommendations and
strengthening the character set aside from the data and information in the course
of a technical research.
Also, with the coincidence in time with the Spanish Presidency in the European
Union, the Spanish government prioritised the approval of the European
Regulation 996/2010 about accident investigation.
Another initiative of international relevance to be to mention is that Spain, as a
result of the work and proposals made in the High-Level Conference on
Operational Safety and in the last Assembly of ICAO, it is one of the few states
that shaped the group created by ICAO to develop guide material at global scale
for the protection of the source of information on operational safety. I.e. to say
that we are in the vanguard of this matter of capital importance for the
improvement of the safety of aviation in the coming years.
Many of these are known for your Association, and the ministry has ensured cope
partners in many of them, and in some other encouraged directly to participate,
as you quote in your letter for our support for that their Association to participate
in the recent International Conference on the NTSB on assistance to the victims
held in the United States.
In the area of special interest to your Association, i would like to convey to the
Ministry of the Interior has launched the contacts for the definition of an
emergency plan at state scale for air accidents, they also include a plan for
assistance to the victims and their families.
For the development of this plan, from the Ministry of Development has become a
work team comprised of the DGAC, CIAIAC and AESA who will work in
conjunction with the Ministry of Interior, in the definition of the guidelines for
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this plan. In the development of the same, are being evaluated, inter alia, the
report submitted by your Association, entitled National Plan of Action to major
catastrophes and at the right time, it is expected to have your indispensable
collaboration.
The previous initiatives confirm, without any doubt, the commitment to this
Ministry with improvements in the safety of this means of transport.
I would like to end that this Ministry not only not ignores the thinking of your
Association, but that has its paramount consideration in the fields of consulting
in which be appropriate.
I thank you again the writing on 29 June, and i reiterate my total availability to
listen to the proposals for your Association and continue to work hard to improve
the safety of air transport.
Yours faithfully,
Isaías Táboas Suárez
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REPORT OF THE ASSISTANCE TO VICTIMS AND
FAMILY MEMBERS AFTER THE ACCIDENT OF THE
FLIGHT JK-5022
Aviation has a marked international character, the proposed improvements
to any area of the air navigation concerns all countries , due to this was born the
International Civil Aviation Organization, which attach the states concerned,
Spain belongs to her. The objectives and activities of the ICAO, are very broad
and varied, in short, we can establish that it is the referent of the that underlie
many international regulations that oversee aviation.
The chairperson, Pilar Vera Palmes, belongs to a working group created in
ICAO whose purpose is to make a review to the Circular 285 entitled "Guidance
on assistance to the victims of aviation accidents and their families ". This is a
guide to action in the event of air crash with the victims and their families. With
the aim of making contributions efficient Association sent at the end of June a
test, via email, so that the partners of first class make it and be able to send a
report to the ICAO, explaining the treatment received by part of the state, the
airline and mass media the days post-disaster at Barajas. Below we offer a short
summary of the report that we will send to ICAO.
The relatives of the victims of the accident of flight JK-5022 stand out as little
humanitarian and disconcerting the treatment received the day 20 and August
21, both in Barajas, Las Palmas de Gran Canaria and the IFEMA fairground. We
can summarize this feel in the following points:
Phones information saturated. Incoordination between AENA, the airline,
authorities of the public order and different employees of the airport. The
relatives were not properly informed of the steps to follow to know if their
families were involved in the accident and if so, what will should do next.
The facilities of the IFEMA were a chaos, highlighting the lack of
coordination between the authorities and the lack of infrastructure to give
privacy and comfort.
The identification, custody and return of the personal effects of the victims
was a process inaccurate and improvised, it is not proceeded to the
completion of an inventory and photographic catalog of the objects.
Psychological aid provided has been uneven, depending on the
autonomous community of the family and victims, but in all cases it has
been short in time.
The privacy of the families and victims was raped since the first time in the
hotels, and hospitals by both mass media as by law firms.
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INTERNATIONAL CONFERENCE ON ASSISTANCE
TO FAMILIES NTSB 28 AND 29 March 2011
WASHINGTON
The Chairperson of the Association of concerned of the Flight JK5022,
accompanied by two partners, went the days brought to Washington to attend the
International Conference on Assistance to Families, organized by NTSB at the
Conference Center of the organism.
In the Agenda of work included the commemoration of the Tenth Anniversary
of the Circular 285 ICAO "Guidance on Assistance to the victims of aviation
accidents and their families". In the High-level Conference of ICAO that was held
in April 2010, (which was also attended by the AVJK5022) a group of volunteers
led by an expert from the NTSB, that is the only organization in accident
investigation that has included this type of task in its plan of action, it was a
Working Group to distance which is developing a proposal for a text, which shall
be submitted to the approval of ICAO for processing , throughout this year.
The Chairperson of the Association of affected the Flight JK5022, Pilar Vera
Palmes, has been included in the Working Group (where are present: ICAO,
NTSB, ACFVA, Argentina, BEA French, Brazil , Germany, South Africa and now
Spain) from where will encourage improvements that will lead to prevent other
people suffer from, in addition to what is an air disaster, the suffering that is
added to the next minute of produced this and that continues for as long as
maintain of judicial investigations and official, in the absence in Spain a
regulations offer assistance to the families and victims.
On the other hand, we proposed to the more than 300 attendees, the creation
AT THE GLOBAL LEVEL OF AN INTERNATIONAL BODY OF ASSISTANCE TO
THE FAMILIES AND VICTIMS OF MAJOR disasters. For protection to the events
that trigger after a tragedy of the characteristics of our own. This proposal joined
the Associations of Brazil, the american ACFVA and others that are present, to
what the NTSB was not insensitive.
The Chairperson of the NTSB, Deborah A. P. Hersman, handed to the
Chairperson of the AVJK5022, Pilar Vera Palmes, a Medal of representative
agency in the obverse figure the legend: "From Tragedy, We draw knowledge to
ANNUAL REPORT 2011
II - 19 ANNEX II: DOCUMENTS
improve safety for US all". That's what the AVJK5022 is looking, that nobody to
pass the suffering that has played us to live with us after the violent loss of ours,
because it is unacceptable that does not exist in Spain with all the essentials and
economically important that air transport is the for all those who live in this
sector, a regulation to protect and assist victims, which are product of the
inefficiencies of the system.
The Report published by the AVJK5022 on the occasion of the 2ND
anniversary, in english, was handed over to the official representatives, the
media, associations present, international emergencies, etc. , that appreciated
and felt favorably on the actions carried out by the AVJK5022 in such a short
space of time.
The conclusions of that Conference are hung from the website of the NTSB to
whom it may concern:
http://www.ntsb.gov/news/events/2011/ifac/index.html
NTSB – UNITED STATES – MARCH 2011-10-04
The NTSB is the Federal Agency that depends on the Congress to
investigate each accident civil air in the United States and significant accidents in
other means of transport, (trains, highways, maritime and pipes/ducts) and
publish safety recommendations aimed at preventing future accidents ,
determining probable cause, among others, all civil aviation accidents in the
United States and some aircraft accidents of public use.
The NTSB is responsible for maintaining the database of civil aviation
accidents of the Government and also undertakes special studies on issues of
national importance in the safety of transport and provides researchers to serve
as the accredited Representatives of the United States as specified in the
International Treaties to aircraft accidents that have occurred in other countries
in which they are involved aircraft registered in the United States or airplanes or
important components of the manufacturing of the United States.
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II - 20 ANNEX II: DOCUMENTS
NTSB has opened its doors on April 1, 1967, although independent, had
the administrative and financial support of the Department of Transportation
(DOT), but in 1975, they broke all the organizational links with the Department of
Transportation. Since its beginning in 1967, the NTSB has investigated more
than 124,000 aviation accidents, becoming one of the major agencies of accident
investigation in the world. Available 24 hours a day, 365 days a year, the
researchers of the NTSB traveling around the country and to every corner of the
world to know significant accidents and create records of the facts and safety
recommendations.
NTSB has issued more than 12,000 recommendations to all means of
transport and since 1990, has made a list of security enhancements in its
reputation for impartiality and rigor had enabled him to achieve such success in
the creation of improvements in the safety of transport that more than 82 percent
of its recommendations have been adopted by those persons or entities in
position to carry out changes, so that many of the functions and built-in security
features currently in airplanes, cars, trains, ducts, and seagoing vessels have
their origins in recommendations of the NTSB arising from the research that has
been done.
ANNUAL REPORT 2011