TNAG-2855-FCO40-4108-Hong-Kong-compensation-claim-regarding-Korean-Air-Lines-Flig-1993 — Page 247

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C-MIN 137/15

17.2 The relevant part of the letter from the Representative of Japan on these points was then read out by the President of the Council to make the content of his request clear to the Representatives on the Council. Paragraph (a) of his letter stated as follows: "Complete the investigation which ICAO initiated in 1983 of the KAL-007 tragedy. Japan will co-operate fully with the ICAO investigation, and if necessary, is prepared to provide technical expertise upon request."

18.

In supporting the intervention of the Representative of Canada, which had initiated the Council's discussion, the Representative of the United States also extended condolences and compassion to the victims of this incident and their families, and welcomed the magnanimous gesture on the part of the Russian Federation to lay to rest the questions that this incident had raised by producing the material necessary for the completion of the investigation. In referring to the question raised by the Representatives of Kenya and Saudi Arabia, he indicated that the joint resolution made mention of Annex 13 for reference purposes only. The text of the letters which had been sent to the President of the Council by the Governments of Japan, the Republic of Korea and the United States was identical; these letters had been complemented in principle by the correspondence from the Russian Federation, and reflected the willingness of the four States involved in the agreement to facilitate the analysis of the originals of the CVR and DFDR tapes, and specifically the requests for arrangements by ICAO for the analysis of those tapes by a technically competent national authority selected for its objectivity and neutrality. This was a concerted, concentrated effort by the four States directly involved to bring forth all of the resources ICAO might wish to draw upon for the analysis of the materials being produced. The Representative of the United States concluded by endorsing the suggestion made earlier by the Representative of Germany for strengthening the action proposed in C- WP/9685 in light of the sense of urgency which seemed to pervade the Council's discussion.

19. Some clarifications regarding the implementation of Annex 13 provisions were provided by the President of the Council, who pointed out that the source of Annex 13-i.e. Article 26 of the Chicago Convention, mentioned earlier by the Representative of Cameroon-was addressed to States themselves. Annex 13 contained no reference whatsoever to ICAO, and its implementation by States did not require the Council's prior agreement. It was the privilege of States, as sovereign bodies, to directly undertake investigations in accordance with the provisions of the Annex. Annex 13 was also very clear as to which State would be responsible for holding the inquiry. Moreover, the Secretary General had, in introducing C-WP/9685, clarified the nature of the investigation in 1983 (c.f. paragraph 2 above). The President recalled four previous incidents in which ICAO had, on request, undertaken fact-finding investigations; such examples were distinct from the Annex 13 investigations which were the responsibility of States with no involvement on the part of the Council.

20. Some amendments to the action proposed at paragraph 4 of C-WP/9685 were suggested by the President of the Council and supported by the Representatives of Spain, Nigeria, Canada, Saudi Arabia and Brazil, as well as by the Representative of Belgium, who congratulated the President on the manner in which he had conducted the Council's debate. In taking the action as amended by the President, the Council:

a)

b)

noted the information in paragraphs 1 to 1.8 of C-WP/9685;

decided to complete the fact-finding investigation which ICAO initiated in 1983 of the KAL 007 tragedy;