US embassy cable - 04ROME3593

UNCLAS ROME 003593 
 
SIPDIS 
 
 
STATE FOR EB/TRA 
STATE FOR EUR/WE 
STATE PASS TO NTSB WASHDC 
BRUSSELS FOR FAA 
 
E.O. 12958: N/A 
TAGS: EAIR, IT, AVIATION, FAA 
SUBJECT: ITALY AVIATION ACCIDENT INVESTIGATIONS: ENGAGING 
THE MFA 
 
REF: A. ROME 3060 
     B. STATE 194638 
 
1. Summary: EcMin presented MFA officials with Ref. B 
diplomatic note seeking better cooperation on aviation 
incident investigations and laid out possible operational 
solutions.  MFA officials noted that the independence of the 
Italian judiciary made it difficult for the MFA to prescribe 
a specific course of action in investigations.  MFA officials 
agreed to review with the Ministry's legal affairs office, 
the GOI's obligations under ICAO's Convention on 
International Civil Aviation.  End Summary 
 
2.  On September 13, Economic Minister-Counselor presented 
Ref. B diplomatic note on the need for improved cooperation 
on aviation accident investigations to Foreign Ministry 
Director General for Multilateral Economic and Financial 
Cooperation, Giandomenico Magliano, and Luigi Teodorani, 
action officer on transportation safety and security. 
Magliano noted that the independence of the Italian judiciary 
made it difficult for the Ministry to prescribe a specific 
course of action for magistrates investigating aviation 
incidents.  Economic Minister-Counselor replied that the U.S. 
fully recognized the judiciary's right to pursue its own 
investigations, but that such investigations should not 
jeopardize U.S. investigators' right of access to incident 
investigations under Annex 13 of ICAO's Convention on 
International Civil Aviation. 
 
3. Magliano asked whether the four incidents over the last 
year represented a new, or longstanding, difficulty in 
obtaining cooperation with local magistrates on access to 
incident investigations.  EcMin noted that there had been no 
other problematic incidents in recent years, but that these 
recent incidents involved different judicial authorities in 
different jurisdictions, which implies a systemic issue. 
Magliano thought that it would be worthwhile to determine if 
a recent change in legislation or judicial procedures could 
possibly have led magistrates to be less cooperative. 
 
4. EcMin suggested two possible ways to improve cooperation: 
1) in the case of future aviation incidents, the MFA could 
make it standard practice to advise the responsible 
magistrate of Italy's obligations under ICAO; and 2) when 
magistrates appoint a technical expert in such cases, they 
could ensure that the expert is from the Italian Air Safety 
Board (ANSV, the Italian NTSB counterpart). 
 
5. Teodorani acknowledged that he was new to this portfolio, 
but expressed doubt that the MFA could approach magistrates 
on their choice of experts.  He said that he would consult 
with the Diplomatic Dispute Service (the Foreign Ministry 
legal office) about Italy's obligations under ICAO 
conventions and would contact the Embassy by phone in advance 
of a formal response to our diplomatic note. 
 
Visit Rome's Classified Website: 
http://www.state.sgov.gov/p/eur/rome/index.cf m 
 
SEMBLER 
 
 
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	2004ROME03593 - Classification: UNCLASSIFIED