When the EK Crew read back the wrong level ATC says nothing
He might have understood 380, just as EK might have understood 360 before. Both might have fallen into the trap of "hearing" what they expected.
Bad reception on edge of VHF range goes both ways .....
So if he didn't hear the read back he should have asked for a read back of a clearance.
He might have heard it, but might thought he heard 380 .....
If he did hear it he should have corrected it.
He probably heard it and might have heard 380 if he did not ask for a correction .....
If he was unsure of what he heard he should have said so and asked them to say again.
He might have been sure having heard 380 ......
By not saying anything he confirmed to the crew their read back was correct.
Absolutely true. Could be "hearing" what he expected or complacency. I am not defending him, but at the same time not simply putting the whole blame on him. The benefit of the doubt should remain for both sides, as the doubt of complacency.
All the time air Seychelles heard all of that and said nothing
Again, VHF range, bad reception should be taken into account for them as well. At the time of the initial clearance ATC to EK, they might not have known on what airway EK flew, so could at that time not detect any conflict.
We are turning in circles, i know, and i am not easily and unilaterally putting blame on fellow pilots, please! I am however not ready to simply put it on ATC as well. There were sufficient clues for both sides to deconflict and they were not seized. Commanders are responsible for safe flights and controllers for separation. Both failed to do their job to some extent. 35+ years of world wide aviation and 10+ years in EK give me a certain picture though when listening to the tape and i stand by my opinion.