Reading the report,the Captain had been sick,the F/O had been called off reserve,the aircraft was not fully serviceable,flight controls not fully operational and no auto pilot;it had apparently been U/S for a number of days,
Don't call it pilot error,call it management error.
Not being an apologist for the Airlines management at all, but really, some of your points need looking at.
The report stated that the Captain HAD previously been sick, but reported as fit for the duty. No where does it indicate he was dragged out of a sick bed!! Don't you think that it was possible that he was no longer sick and that is why he went to work that day.
The F/O was called in from RESERVE. Actually that is why pilots are rostered on Reserve. In many, many airlines it is a bonus NOT to be called out on RESERVE
There was no Auto Pilot available due to the unserviceable Yaw Damper. I personally don't think it a smart idea at all flying an aircraft such as this in these circumstances without the help of an autopilot, but that is what the REGULATOR (and obviously the manufacturer) allowed, and allowed for it to up to 10 days.
The other MEL's were not so serious, and I whilst in the perfect world would not be carried, it is not perfect and again both the Regulator and Manufacturer allowed the MEL. So whilst the aircraft may not have been "fully serviceable" it was still legal.
There are a probably a lot of hands that are involved in this tragic event, but it is pointless putting the blame on one identity using normal (and perfectly legal) events to support your argument.