Aqtau Air Crash: Why Will Kazakhstan Conduct Investigation?

Orda.kz has looked into what the international agreements say about such cases.

ICAO Regulations

The standards established by the International Civil Aviation Organization (ICAO) are applied when investigating aviation accidents that occurred on the territory of another state.

Annex 13 to the Convention on International Civil Aviation is the primary document regulating these procedures.

This annex states that the State on whose territory the accident occurred is responsible for conducting the investigation. As far as its legislation permits, it must investigate the circumstances following the procedures recommended by the ICAO. 

However, this does not exclude Russia and Azerbaijan from the investigation.

They have the right to appoint authorized representatives.

The regulations allow for the participation of:

• State of registration of the aircraft.
• State of the operator.
• State of design.
• State of manufacture.

The main purpose of the investigation is to establish the causes and develop recommendations to prevent similar events in the future. The purpose is not to establish blame or liability. 

The State conducting the investigation must prepare a preliminary report within 30 days of the incident.

This report may be public or confidential at the State's discretion. It is recommended that the final report be published within 12 months of the incident. 

Exceptions occur when the country on whose territory the incident occurred cannot independently conduct such an investigation. Or it voluntarily cedes this right to another interested country.

How Will The Investigation Be Conducted?

The investigation will be conducted by a Kazakhstani investigative team with the necessary specialists, including ballistics experts if required.

Deputy Minister of Internal Affairs Igor Lepekha emphasized that the investigation is at an early stage, and it is unacceptable to draw conclusions based on unofficial data or photographs.

A special commission is operating on site, which includes specialists from Kazakhstan, Azerbaijan, and Russia.

Kazakhstan's Senate Chair, Maulen Ashimbayev, stated that none of the countries — Kazakhstan, Azerbaijan, or Russia — is interested in concealing information.

All information will be made public after the specialists complete their work.

Since the site of the tragedy is under the jurisdiction of the Republic of Kazakhstan, the investigation will be conducted by law enforcement agencies of Kazakhstan. But our colleagues, if they wish, will be able to be present during the investigative actions, Deputy Prime Minister Kanat Bozumbayev noted at a briefing in Aqtau.

Russia and Azerbaijan requested to join the investigation officially, but Kazakhstan declined the request.

They will be observers and participate in the investigation.

Former Deputy Prosecutor General and Senator Andrei Lukin also reported that Azerbaijan and Russia offered assistance in the investigation.

However, according to him, Kazakhstani specialists are sufficiently professional and experienced to investigate. Lukin noted that the competent authorities will make the relevant decision if foreign experts are necessary.

A criminal case has been opened, and the investigation will continue within national jurisdiction.

Original Author: Artyom Volkov