Originally Posted by Winnerhofer
ICAO clearly stipulates that aviation accident reports shall not be used for legal proceedings
ICAO never asked to victims, judges, aso to be idiot and unable to read or -worse- to think that Agencies lie and create fantasy with debris, logic and evidence. And if they do that they are guilty. We are speaking of civil aviation and general aviation.
The law is not math or pure logic applying silogisms. Complexity of real life is concerned. Something that most people forget with law is the absolute necessity of GOOD FAITH. That is true in national and international law.
And they are always limits in every thing. The limit in ICAO rules are there to protect souverainty of States, and protection of property, not to hide the facts and proofs.
How do you imagine the two trials in Colmar (Habsheim and Sainte-Odile) could exist applying strictly the sentence you were quoting out of context ? The first day of the trial the Army of Lawyers should have requested to stop the trial. But they did not that.
In military life where state safety is concerned, mostly the choice of Army is not to protect their failures not to deny reports.
We may have regrets but time of secrets is gone. (Secrets still exist during a short time, sometimes very short time, not more).Judge read the BEA reports and are always allowed to ask the answered question during the trial and to experts who read the BEA report, etc.