About fatigue .. this what all I find in the BEA final report:
Note:
Bold added by me
1.16.7 Aspects relating to fatigue
The professional timetable of the three crew members during the month that
preceded the accident flight shows that the limitations on flight and duty times, as
well as rest times, were in accordance with the provisions of European Regulation
(EC) n°859/2008 of the European Commission (sub-section Q of Annex III).
The investigation was not able to determine exactly the activities of the flight crew
members during the stopover in Rio, where the crew had arrived three days earlier. It was not possible to obtain data on their sleep during this stopover.
This lack of precise information on their activity during the stopover, in particular in
relation to sleep, makes it impossible to evaluate the level of fatigue associated to
the flight crew’s duty time.
The CVR recording does, however, make it possible to show that the crew showed no
signs of objective fatigue, as the following elements indicate:
ˆ The level of activity and implication of the augmented crew in the first part of
the flight, with the Captain and the copilot seated in the right seat, then in the
second part of the flight with the two copilots, are in accordance with what is
expected from a crew in the cruise phase. No signs of drowsiness or sleepiness
are noticeable;
ˆ At 0 h 58 min 07, the Captain was concerned with the state of fatigue of the
copilot in the right seat. («try maybe to sleep twenty minutes when he comes
back or before if you want ») who answered that he didn’t want to sleep;
ˆ Questioned on his return to the cockpit, the copilot who took the Captain’s place
answered that he had “dozed”.
Seems the judicial experts have more infos about fatigue in their report ..