8 years for ATC murder
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8 years for ATC murder
ZURICH, October 26 (RIA Novosti) -- The Supreme Court of Zurich sentenced Russian Vitaly Kaloyev to eight years in jail Wednesday for the premeditated murder of a Swiss air traffic controller, but his defense said it would appeal, and Russian prosecutors said they would seek Kaloyev's extradition.
The sentence will include the 610 days during which Kaloyev, who lost his wife, daughter, and son in an air crash in 2002, has already been detained in Switzerland pending the court verdict.
When the verdict was announced, Kaloyev refused to get up.
"I am accused of burying my children. Why would I stand up?" he said.
Peter Nielsen, a Skyguide air traffic controller, was stabbed to death on February 24, 2004 near his house in the Swiss town of Kloten. Kaloyev was arrested in a local hotel a day later.
Kaloyev lost his family in an air crash on July 2, 2002 when a Tu-154 plane owned by Bashkirian airlines collided with a DHL-owned Boeing over Germany's Lake Constance. Sixty-nine people, including 45 Bashkirian children, who were flying to Spain for a holiday, and two Boeing pilots, were killed.
German investigators said the accident was due largely to negligence on the part of Skyguide, and partially the fault of the two Russian pilots.
Kaloyev's defense team decided to appeal against the verdict, defense lawyer Markus Hug said.
Prosecutors described the verdict as too lenient, and said that they might consider an appeal, Prosecutor Ulrich Weder said after the trial.
The Russian Justice Ministry said it would seek Kaloyev's extradition to Russia to serve his sentence there, Saak Karapetyan, the director of the international law and cooperation department of the ministry, told the Ekho Moskvy radio station.
Since Russia and Switzerland have no extradition agreement, and Russia has only signed but not ratified the 1983 European Convention, the only option would be to sign a separate agreement on this particular case, Karapetyan said.
"The main thing is for Kaloyev to agree," he said.
Taimuraz Mamsurov, the president of the Russian North Caucasus republic of North Ossetia where Kaloyev was born, attended the trial as a private person.
"Skyguide can be happy and sleep calmly. Our Vitaly will be in prison, and Nielsen who bore the brunt of the company's sins is no longer with us."
Kaloyev's brother Yury said: "I had to attend the trial of my brother today, instead of a trial of those who killed 71 people."
He also showed photos of the bodies of children who died in the crash.
The sentence will include the 610 days during which Kaloyev, who lost his wife, daughter, and son in an air crash in 2002, has already been detained in Switzerland pending the court verdict.
When the verdict was announced, Kaloyev refused to get up.
"I am accused of burying my children. Why would I stand up?" he said.
Peter Nielsen, a Skyguide air traffic controller, was stabbed to death on February 24, 2004 near his house in the Swiss town of Kloten. Kaloyev was arrested in a local hotel a day later.
Kaloyev lost his family in an air crash on July 2, 2002 when a Tu-154 plane owned by Bashkirian airlines collided with a DHL-owned Boeing over Germany's Lake Constance. Sixty-nine people, including 45 Bashkirian children, who were flying to Spain for a holiday, and two Boeing pilots, were killed.
German investigators said the accident was due largely to negligence on the part of Skyguide, and partially the fault of the two Russian pilots.
Kaloyev's defense team decided to appeal against the verdict, defense lawyer Markus Hug said.
Prosecutors described the verdict as too lenient, and said that they might consider an appeal, Prosecutor Ulrich Weder said after the trial.
The Russian Justice Ministry said it would seek Kaloyev's extradition to Russia to serve his sentence there, Saak Karapetyan, the director of the international law and cooperation department of the ministry, told the Ekho Moskvy radio station.
Since Russia and Switzerland have no extradition agreement, and Russia has only signed but not ratified the 1983 European Convention, the only option would be to sign a separate agreement on this particular case, Karapetyan said.
"The main thing is for Kaloyev to agree," he said.
Taimuraz Mamsurov, the president of the Russian North Caucasus republic of North Ossetia where Kaloyev was born, attended the trial as a private person.
"Skyguide can be happy and sleep calmly. Our Vitaly will be in prison, and Nielsen who bore the brunt of the company's sins is no longer with us."
Kaloyev's brother Yury said: "I had to attend the trial of my brother today, instead of a trial of those who killed 71 people."
He also showed photos of the bodies of children who died in the crash.
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However tragic the death of this man's family is, this is a ludicrously low sentence for such a crime. If Swizerland is anything like the UK, he will no doubt with 'good behaviour' be out in 4 years. What is most disturbing here is the acceptance that somehow this could be a reasonable response to the controller's death. It is bringing into Western Europe concepts of 'vendetta' and mafia-type values which should be challenged at every turn. This guy knowinly decided to kill an Air Traffic Controller for a professional error. Such an act is the worst sort of pre-meditated criminality and should have resulted in a life sentence. The Swiss have seriously failed their own citizens in this and opened the door to every type of revenge killing on a whim.
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A tragic story, hard to believe that it all really happened. I wouldn’t be amazed if it’s turned into a docu-drama or something similar, I’m also surprised that it hasn’t been reported on TV (as far as I know).
My condolences to everyone touched by this terrible event.
My condolences to everyone touched by this terrible event.
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NSF
I doubt the father concerned was too worried about whether a "professional error" or "deliberate act" killed his wife and two children. For him, he lost his family, three people. In circumstances which none of us is ever likely to experience or appreciate. So I for one would certainly not want to judge him. The "light sentence" is an acknowledgement of these circumstances.
I doubt the father concerned was too worried about whether a "professional error" or "deliberate act" killed his wife and two children. For him, he lost his family, three people. In circumstances which none of us is ever likely to experience or appreciate. So I for one would certainly not want to judge him. The "light sentence" is an acknowledgement of these circumstances.
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Agreed, however the controller leaves behind a family also. If I remember correctly, he was assassinated in front of them.
Has/will anyone from Skyguide senior management face(d) any charges.....?
Has/will anyone from Skyguide senior management face(d) any charges.....?
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Just make sure your name is kept out of the papers if you ever where to be involved in anything like this. There might be someone with 'diminished responsibility' coming after you.
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I believe a key question is whether the Swiss bore any responsibility during this incident. The Russian acted out of anger/grief for the loss of his family. That, in my opinion, is no excuse to off an ATC who has made a mistake, however critical.
The question is, I believe, whether the Swiss have acknowleded their terrible mistake whereby the two aircraft collided and what is going on in the courts to sue the hell out of anyone that was connected from dustbin sweeper on up. I'm sure the buzzards have been working on it from day one.
The question is, I believe, whether the Swiss have acknowleded their terrible mistake whereby the two aircraft collided and what is going on in the courts to sue the hell out of anyone that was connected from dustbin sweeper on up. I'm sure the buzzards have been working on it from day one.
8 years for a premeditated murder is ridiculus. It's not as if the ATC PLANNED to kill those people.
And if this guy killed the head of the company providing the ATC, he would have gotten more?
I bet he would, because "everyone knows" that management had nothing to do with the stituation.
And if this guy killed the head of the company providing the ATC, he would have gotten more?
I bet he would, because "everyone knows" that management had nothing to do with the stituation.
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Does anyone know if he has a paroll period?
8 Years seems very light for Muder1, and the way in which he did it.
I watched the air crash investigation relating to this crash and apparently the ATC man was off'd in front of his wife and child.
He should get life no matter how harsh his his circumstances were
that is my 2 cents
8 Years seems very light for Muder1, and the way in which he did it.
I watched the air crash investigation relating to this crash and apparently the ATC man was off'd in front of his wife and child.
He should get life no matter how harsh his his circumstances were
that is my 2 cents
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There has been a TV program about the collision as well as the official report. The Russian killed the wrong person.
Both make it quite clear that Swiss controller personally was not at fault but his company was. The shortcomings in the control centre that night were critical to the collision occurring.
In summary there was engineering work being conducted that night that removed most of the controllers telephone connections as well as the warning system of an impending collision. He was also distracted by having to work another aircraft that was on approach elsewhere and because of the telephone being disconnected he could not call the other controller who was in the rest room at the time.
The final hole in the Swiss cheese scenario (please excuse the pun) was that the controller did recognise the danger before the collision and called on the Russian aircraft to descend just after the TCAS in that aircraft had called for a climb. The DHL aircraft TCAS had called for a descent. The Russian crew obeyed the controller rather than the TCAS. The controller was not aware that the TCAS had activated.
The rest is, as they say, history.
Both make it quite clear that Swiss controller personally was not at fault but his company was. The shortcomings in the control centre that night were critical to the collision occurring.
In summary there was engineering work being conducted that night that removed most of the controllers telephone connections as well as the warning system of an impending collision. He was also distracted by having to work another aircraft that was on approach elsewhere and because of the telephone being disconnected he could not call the other controller who was in the rest room at the time.
The final hole in the Swiss cheese scenario (please excuse the pun) was that the controller did recognise the danger before the collision and called on the Russian aircraft to descend just after the TCAS in that aircraft had called for a climb. The DHL aircraft TCAS had called for a descent. The Russian crew obeyed the controller rather than the TCAS. The controller was not aware that the TCAS had activated.
The rest is, as they say, history.
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There are several issues being discussed here. One is the murder of the ATCO, one the trail and the verdict and one the circumstances that led to the accident.
In as far as the trail of Vitali Kalojew is concerned, it was a very fast process to the surprise of all, I think. After just 2 days, the court retired to deliberate on the sentence. Vitali Kalojew never denied that he did commit the murder, he did however say that he has no recollection of his action during the event. According to the shrinks this is indeed a very plausible statement. And yes, he did kill the ATCO in front of his family just outside their home.
The sentence of eight years seams light for murder 1 and as some have mentioned, with good conduct he will be paroled after a few years. Under the circumstances I think it really doesn’t matter. 8, 10, 12 or more years or even the death sentence, the live of Vitali Kalojew has been over at the moment of the accident. I believe that the court took these thought into consideration. Some people can handle the loose of a loved one better then others, Vitali Kalojew obviously wasn’t able to cope with it.
Now, the accident in itself is a different story. The trail there is still ongoing. It will be very difficult to blame a single person though every single person could have prevented the accident. The controller by separating the aircraft 30min. prior, the engineers by better informing the ATCO of what he is doing on a live system, the Russian pilot by following TCAS orders timely and precisely, Munich (Frankfurt?)center by intervening much earlier.
All in all this is freak accident. I know that midair collisions have happened before but ENRT in a virtually empty airspace?
In as far as the trail of Vitali Kalojew is concerned, it was a very fast process to the surprise of all, I think. After just 2 days, the court retired to deliberate on the sentence. Vitali Kalojew never denied that he did commit the murder, he did however say that he has no recollection of his action during the event. According to the shrinks this is indeed a very plausible statement. And yes, he did kill the ATCO in front of his family just outside their home.
The sentence of eight years seams light for murder 1 and as some have mentioned, with good conduct he will be paroled after a few years. Under the circumstances I think it really doesn’t matter. 8, 10, 12 or more years or even the death sentence, the live of Vitali Kalojew has been over at the moment of the accident. I believe that the court took these thought into consideration. Some people can handle the loose of a loved one better then others, Vitali Kalojew obviously wasn’t able to cope with it.
Now, the accident in itself is a different story. The trail there is still ongoing. It will be very difficult to blame a single person though every single person could have prevented the accident. The controller by separating the aircraft 30min. prior, the engineers by better informing the ATCO of what he is doing on a live system, the Russian pilot by following TCAS orders timely and precisely, Munich (Frankfurt?)center by intervening much earlier.
All in all this is freak accident. I know that midair collisions have happened before but ENRT in a virtually empty airspace?
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If this BBC report Link is correct (unlikely I know!) he was not charged with Murder. So all those above, including the original report are technically incorrect speaking of "Premeditated Murder" "Murder1" or whatever:
So he got right in the middle of the 2... Difficult one, but the real problem is how/why the ATCO name and address became known...
A Swiss court found Vitaly Kaloyev guilty of the premeditated killing....
Premeditated killing is a lesser charge than murder under Swiss law.
Prosecutors had called for a 12-year sentence for Kaloyev, while his defence lawyers said he should not receive more than three years for the crime
Premeditated killing is a lesser charge than murder under Swiss law.
Prosecutors had called for a 12-year sentence for Kaloyev, while his defence lawyers said he should not receive more than three years for the crime
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The system failed Vitali as well.
As aviation professionals we recognise that the system failed the ATCo... he was left to do his job without the technical and human resourses he should have had. He was not at fault, but his error contributed to the accident.
What of Vitali K? He helped organise the flight to Barcelona and lost his wife and children as a result... his emotional life was destroyed with that aircraft. To try to understand what he felt is beyond me and, I think, most of us.
Was his plight recognisable? It is now! Where was the support that Vitali needed?
The death of the ATCo is his fault, but ....
What of Vitali K? He helped organise the flight to Barcelona and lost his wife and children as a result... his emotional life was destroyed with that aircraft. To try to understand what he felt is beyond me and, I think, most of us.
Was his plight recognisable? It is now! Where was the support that Vitali needed?
The death of the ATCo is his fault, but ....
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You, the BBC report is correct. Premeditated killing is a lesser charge than murder under Swiss law. The difference, if I understand correctly, is that premeditated murder occurs in on a plan and in full consciousness. Premeditated killing is if you may have the intention to do so but the actual killing is resulting in an affect.
You, the BBC report is correct. Premeditated killing is a lesser charge than murder under Swiss law. The difference, if I understand correctly, is that premeditated murder occurs in on a plan and in full consciousness. Premeditated killing is if you may have the intention to do so but the actual killing is resulting in an affect.
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BOPralph, you must be kidding!
So he decided in a premeditated act to destroy the 'emotional life' (as you put it) of the controllers wife and child by terminating the 'controller'? Is this how they do business in Russia? (I think so, I observed the loading of a western business man's coffin into my 737 at St Petersburg- rubbed out for 'business reasons').
Premeditated murder is murder plus a bit. The evilness comes from it being planned rather than a sudden mental outburst. If any sentence deserved life, this was it. I find it difficult to have any sympathy for him. He should be locked away for 20 years after parole. The message is 'you can do it, and it may not cost too much!'
What of Vitali K? He helped organise the flight to Barcelona and lost his wife and children as a result... his emotional life was destroyed with that aircraft. To try to understand what he felt is beyond me and, I think, most of us.
Premeditated murder is murder plus a bit. The evilness comes from it being planned rather than a sudden mental outburst. If any sentence deserved life, this was it. I find it difficult to have any sympathy for him. He should be locked away for 20 years after parole. The message is 'you can do it, and it may not cost too much!'
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Like I said, this is known as Diminished Responsibility.
This is where a sentence is reduced from a Murder charge to Manslaughter or Murder 2 or whatever it is called in Swiss law.
It takes into account the state of mind of the defendant at the time the crime was committed.
Keyloyev's mental functions were impaired due to the loss of his family and therefore could not be held 'criminally' liable.
This is where a sentence is reduced from a Murder charge to Manslaughter or Murder 2 or whatever it is called in Swiss law.
It takes into account the state of mind of the defendant at the time the crime was committed.
Keyloyev's mental functions were impaired due to the loss of his family and therefore could not be held 'criminally' liable.
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atc killer
hi all,
according to the accident report by the german investigation bureau was it the russian pilot who ignored a TCAS Climb call. i learned that tcas orders overrule all atc orders.
maybe mr. kalojev hasn't read that. the sentence is too low.
our nice swiss court allows "mafia"-like revenge feelings to reduce the sentence.
and now he sits in a swiss prison. he should get kicked off out of our country.
cheers
according to the accident report by the german investigation bureau was it the russian pilot who ignored a TCAS Climb call. i learned that tcas orders overrule all atc orders.
maybe mr. kalojev hasn't read that. the sentence is too low.
our nice swiss court allows "mafia"-like revenge feelings to reduce the sentence.
and now he sits in a swiss prison. he should get kicked off out of our country.
cheers
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Studi:
From what I remember the ATCo ('Peter X' at the time)was living under a witness protection type relocation.
Kalojew hired detectives, and tracked him down with great difficulty.
He claims this was purely to show him pictures of his dead children. By some fluke he obviously (and entirely accidentally/without premeditation) happened to be armed at the time!
I'm not so sure that there is anything obvious about this not being premeditated.
Yes, tragic for all involved. However the ATCo made one of an entire series of mistakes (and if you count thoses responsible for the phone system and the Russian pilot ignoring TCAS not the biggest mistake either) - Kalojew killed a man in cold blood in front of his family.
Obviously, the crime was not planned
Kalojew hired detectives, and tracked him down with great difficulty.
He claims this was purely to show him pictures of his dead children. By some fluke he obviously (and entirely accidentally/without premeditation) happened to be armed at the time!
I'm not so sure that there is anything obvious about this not being premeditated.
Yes, tragic for all involved. However the ATCo made one of an entire series of mistakes (and if you count thoses responsible for the phone system and the Russian pilot ignoring TCAS not the biggest mistake either) - Kalojew killed a man in cold blood in front of his family.
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Its worth noting that the Russian crew were highly experienced, with a training captain and captain occupying the front seats. Although the pilots were trained to respond to a TCAS resolution, it must have been difficult to purposely disobey a radar advised ATC instruction.
"It always seems an easy decision when were sat down here on a warm sunny day"
"It always seems an easy decision when were sat down here on a warm sunny day"