Hello airtren;
A deviation of 12 degrees to the left started already prior to to the A/P disconnect, without ATC approval, which would seem to indicate that the PF (and PNF) were already in ATC bypass mode when the climb started...
I'm not clear on what is meant by "ATC bypass mode". Can you help me out? - I've never heard of it.
Just to review, from the First BEA Report, (all reports found
here), the crew had established contact with ATLANTICO on HF and had acknowledged a successful receipt of their SELCAL by the ATLANTICO aeradio operator, (ATLANTICO and all radio stations contacted on HF are
not ATC controllers, remember - they relay messages from overseas flights to ATC controllers who then provide clearances/instructions to be relayed back to the flight. This often takes a lot of time so one has to anticipate needs early).
A deviation off course requires an ATC clearance. As I've stated, an aircraft cannot just be taken off course without such clearance unless an emergency diversion is required, (
I've done it once, on the Pacific - one lights up the aircraft, broadcasts intentions on 123.45 and if necessary on 121.5 and one might climb a few hundred feet 'just in case'). The CPDLC is a direct link to ATC but it had not successully logged on. (I have my theories on why) but communications were established and a clearance to deviate or climb is required unless, as described, an emergency exists.