Keep Us Strong WikiLeaks logo

Currently released so far... 97115 / 251,287

Articles

Browse latest releases

Browse by creation date

Browse by origin

A B C D F G H I J K L M N O P Q R S T U V W Y Z

Browse by tag

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
ETRD EAGR ETTC EAID ECON EFIN ECIN EINV ELAB EAIR ENRG EPET EWWT ECPS EIND EMIN ELTN EC ETMIN EUC EZ ET ELECTIONS ENVR EU EUN EG EINT ER ECONOMICS ES EMS ENIV EEB EN ECE ECOSOC EK ENVIRONMENT EFIS EI EWT ENGRD ECPSN EXIM EIAD ERIN ECPC EDEV ENGY ECTRD EPA ESTH ECCT EINVECON ENGR ERTD EUR EAP EWWC ELTD EL EXIMOPIC EXTERNAL ETRDEC ESCAP ECO EGAD ELNT ECONOMIC ENV ETRN EIAR EUMEM ENRGPARMOTRASENVKGHGPGOVECONTSPLEAID EREL ECOM ECONETRDEAGRJA ETCC ETRG ECONOMY EMED ETR ENERG EITC EFINOECD EURM EENG ERA EXPORT ENRD ECONEINVETRDEFINELABETRDKTDBPGOVOPIC EGEN EBRD EVIN ETRAD ECOWAS EFTA ECONETRDBESPAR EGOVSY EPIN EID ECONENRG EDRC ESENV ETT EB ENER ELTNSNAR ECHEVARRIA ETRC EPIT EDUC ESA EFI ENRGY ESCI EE EAIDXMXAXBXFFR EETC ECIP EIAID EIVN EBEXP ESTN EING EGOV ETRA EPETEIND ELAN ETRDGK EAIDRW ETRDEINVECINPGOVCS EPEC ENVI ELN EAG EPCS EPRT EPTED ETRB EUM EAIDS EFIC EFINECONEAIDUNGAGM EAIDAR ESF EIDN ELAM EDU EV EAIDAF ECN EDA EXBS EINTECPS ENRGTRGYETRDBEXPBTIOSZ EPREL EAC EINVEFIN ETA EAGER EINDIR ECA ECLAC ELAP EITI EUCOM ECONEFINETRDPGOVEAGRPTERKTFNKCRMEAID EARG ELDIN EINVKSCA ENNP EFINECONCS EFINTS ECCP ETC EAIRASECCASCID EINN ETRP EAIDNI EFQ ECOQKPKO EGPHUM EBUD ECONEINVEFINPGOVIZ ENERGY ELB EINDETRD EMI ECONEFIN EIB EURN ETRDEINVTINTCS EIN EFIM ETIO ELAINE EMN EATO EWTR EIPR EINVETC ETTD ETDR EIQ ECONCS EPPD ENRGIZ EISL ESPINOSA ELEC EAIG ESLCO EUREM ENTG ERD EINVECONSENVCSJA EEPET EUNCH ECINECONCS ETRO ETRDECONWTOCS ECUN EFND EPECO EAIRECONRP ERGR ETRDPGOV ECPN ENRGMO EPWR EET EAIS EAGRE EDUARDO EAGRRP EAIDPHUMPRELUG EICN ECONQH EVN EGHG ELBR EINF EAIDHO EENV ETEX ERNG ED
KMDR KPAO KPKO KJUS KCRM KGHG KFRD KWMN KDEM KTFN KHIV KGIC KIDE KSCA KNNP KHUM KIPR KSUM KISL KIRF KCOR KRCM KPAL KWBG KN KS KOMC KSEP KFLU KPWR KTIA KSEO KMPI KHLS KICC KSTH KMCA KVPR KPRM KE KU KZ KFLO KSAF KTIP KTEX KBCT KOCI KOLY KOR KAWC KACT KUNR KTDB KSTC KLIG KSKN KNN KCFE KCIP KGHA KHDP KPOW KUNC KDRL KV KPREL KCRS KPOL KRVC KRIM KGIT KWIR KT KIRC KOMO KRFD KUWAIT KG KFIN KSCI KTFIN KFTN KGOV KPRV KSAC KGIV KCRIM KPIR KSOC KBIO KW KGLB KMWN KPO KFSC KSEAO KSTCPL KSI KPRP KREC KFPC KUNH KCSA KMRS KNDP KR KICCPUR KPPAO KCSY KTBT KCIS KNEP KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG KNNB KGCC KINR KPOP KMFO KENV KNAR KVIR KDRG KDMR KFCE KNAO KDEN KGCN KICA KIMMITT KMCC KLFU KMSG KSEC KUM KCUL KMNP KSMT KCOM KOMCSG KSPR KPMI KRAD KIND KCRP KAUST KWAWC KTER KCHG KRDP KPAS KITA KTSC KPAOPREL KWGB KIRP KJUST KMIG KLAB KTFR KSEI KSTT KAPO KSTS KLSO KWNN KPOA KHSA KNPP KPAONZ KBTS KWWW KY KJRE KPAOKMDRKE KCRCM KSCS KWMNCI KESO KWUN KPLS KIIP KEDEM KPAOY KRIF KGICKS KREF KTRD KFRDSOCIRO KTAO KJU KWMNPHUMPRELKPAOZW KEN KO KNEI KEMR KKIV KEAI KWAC KRCIM KWCI KFIU KWIC KCORR KOMS KNNO KPAI KBWG KTTB KTBD KTIALG KILS KFEM KTDM KESS KNUC KPA KOMCCO KCEM KRCS KWBGSY KNPPIS KNNPMNUC KWN KERG KLTN KALM KCCP KSUMPHUM KREL KGH KLIP KTLA KAWK KWMM KVRP KVRC KAID KSLG KDEMK KX KIF KNPR KCFC KFTFN KTFM KPDD KCERS KMOC KDEMAF KMEPI KEMS KDRM KEPREL KBTR KEDU KNP KIRL KNNR KMPT KISLPINR KTPN KA KJUSTH KPIN KDEV KTDD KAKA KFRP KWNM KTSD KINL KJUSKUNR KWWMN KECF KWBC KPRO KVBL KOM KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG KEDM KFLD KLPM KRGY KNNF KICR KIFR KM KWMNCS KAWS KLAP KPAK KDDG KCGC KID KNSD KMPF KPFO KDP KCMR KRMS KNPT KNNNP KTIAPARM KDTB KNUP KPGOV KNAP KNNC KUK KSRE KREISLER KIVP KQ KTIAEUN KPALAOIS KRM KISLAO KWM KFLOA
PHUM PINR PTER PGOV PREL PREF PL PM PHSA PE PARM PINS PK PUNE PO PALESTINIAN PU PBTS PROP PTBS POL POLI PA PGOVZI POLMIL POLITICAL PARTIES POLM PD POLITICS POLICY PAS PMIL PINT PNAT PV PKO PPOL PERSONS PING PBIO PH PETR PARMS PRES PCON PETERS PRELBR PT PLAB PP PAK PDEM PKPA PSOCI PF PLO PTERM PJUS PSOE PELOSI PROPERTY PGOVPREL PARP PRL PNIR PHUMKPAL PG PREZ PGIC PBOV PAO PKK PROV PHSAK PHUMPREL PROTECTION PGOVBL PSI PRELPK PGOVENRG PUM PRELKPKO PATTY PSOC PRIVATIZATION PRELSP PGOVEAIDUKNOSWGMHUCANLLHFRSPITNZ PMIG PREC PAIGH PROG PSHA PARK PETER POG PHUS PPREL PS PTERPREL PRELPGOV POV PKPO PGOVECON POUS PGOVPRELPHUMPREFSMIGELABEAIDKCRMKWMN PWBG PMAR PREM PAR PNR PRELPGOVEAIDECONEINVBEXPSCULOIIPBTIO PARMIR PGOVGM PHUH PARTM PN PRE PTE PY POLUN PPEL PDOV PGOVSOCI PIRF PGOVPM PBST PRELEVU PGOR PBTSRU PRM PRELKPAOIZ PGVO PERL PGOC PAGR PMIN PHUMR PVIP PPD PGV PRAM PINL PKPAL PTERE PGOF PINO PHAS PODC PRHUM PHUMA PREO PPA PEPFAR PGO PRGOV PAC PRESL PORG PKFK PEPR PRELP PREFA PNG PGOVPHUMKPAO PRELECON PINOCHET PFOR PGOVLO PHUMBA PRELC PREK PHUME PHJM POLINT PGOVPZ PGOVKCRM PGOVE PHALANAGE PARTY PECON PEACE PROCESS PLN PRELSW PAHO PEDRO PRELA PASS PPAO PGPV PNUM PCUL PGGV PSA PGOVSMIGKCRMKWMNPHUMCVISKFRDCA PGIV PRFE POGOV PEL PBT PAMQ PINF PSEPC POSTS PHUMPGOV PVOV PHSAPREL PROLIFERATION PENA PRELTBIOBA PIN PRELL PGOVPTER PHAM PHYTRP PTEL PTERPGOV PHARM PROTESTS PRELAF PKBL PRELKPAO PKNP PARMP PHUML PFOV PERM PUOS PRELGOV PHUMPTER PARAGRAPH PERURENA PBTSEWWT PCI PETROL PINSO PINSCE PQL PEREZ PBS

Browse by classification

Community resources

courage is contagious

Viewing cable 07BRASILIA1006, Update on GOL-Legacy Crash Legal Case

If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs

Understanding cables
Every cable message consists of three parts:
  • The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
  • The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
  • The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
To understand the justification used for the classification of each cable, please use this WikiSource article as reference.

Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #07BRASILIA1006.
Reference ID Created Released Classification Origin
07BRASILIA1006 2007-06-04 19:27 2011-07-11 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Brasilia
VZCZCXRO4881
PP RUEHRG
DE RUEHBR #1006/01 1551927
ZNR UUUUU ZZH
P 041927Z JUN 07
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC PRIORITY 9101
INFO RUEHRG/AMCONSUL RECIFE 6745
RUEHRI/AMCONSUL RIO DE JANEIRO 4516
RUEHSO/AMCONSUL SAO PAULO 0018
RUEHBU/AMEMBASSY BUENOS AIRES 4808
RUEHAC/AMEMBASSY ASUNCION 6116
RUEHMN/AMEMBASSY MONTEVIDEO 6913
RUEHSG/AMEMBASSY SANTIAGO 6264
RULSDMK/DEPT OF TRANSPORTATION WASHDC
RHMFIUU/HQ USSOUTHCOM MIAMI FL
RUEKJCS/SECDEF WASHDC
RUEANHA/FAA NATIONAL HQ WASHINGTON DC
RUEAYVF/FAA MIAMI ARTCC MIAMI FL
RUEWMFU/TSA HQ WASHINGTON DC
RUWDQAB/NTSB WASHINGTON DC
UNCLAS SECTION 01 OF 03 BRASILIA 001006 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR CA/OCS AND WHA/BSC 
DEPT FOR EB/TRA JHORWITZ, JREIFMAN, KGUSTAFSON 
STATE FOR CA/OCS 
TSA FOR VREEDER, SHASMAN 
 
SIPDIS 
FAA FOR CTFRANCESCHI, CCAPESTANY, MASHBY 
DEPT OF TRANSPORTATION FOR BHEDBERG 
BUENOS AIRES PASS TSA/JOCHOA 
 
E.O. 12958: N/A 
TAGS: CASC EAIR PGOV BR
SUBJECT: Update on GOL-Legacy Crash Legal Case 
 
Ref: Brasilia 600 and previous 
 
1. (SBU) Summary: In a surprise move, the Brazilian federal 
prosecutor in charge of the criminal investigation into the 
September 29 air collision between a business jet and GOL airliner 
indicted four air traffic controllers for the accident, one on 
serious charges of having acted deliberately.  The federal police 
investigation had only recommended the indictment of the U.S. 
citizen pilots of the business jet.  The prosecutor indicted the 
pilots, and three other controllers, on less serious charges.  The 
federal judge in charge of the case accepted the indictments and set 
dates for questioning of the defendants on August 27 and 28.  It is 
unclear whether the U.S. pilots will be required to return for 
testimony.  The accusations against the controllers were repeated in 
Brazilian Senate committee hearings on the accident and caused a sea 
change in press reporting on the issue.  End Summary. 
 
2. (U) Brazilian federal prosecutor Thiago Lemos de Andrade indicted 
Brazilian air traffic controller Jomarcelo Fernandes dos Santos for 
intentional criminal conduct that led to the September 29, 2006 air 
collision between a Legacy business jet and a GOL commercial 
airliner. (All 154 persons aboard the GOL flight perished, making 
this the worst aviation accident in Brazilian history.)  The 
prosecutor made this request to federal judge Murilo Mendes in 
Sinop, Mato Grosso, the capital of the state in which the accident 
took place, on May 25.  The recommendation came as a surprise to 
observers as the Federal Police report submitted to the prosecutor, 
after a seven-month investigation, did not recommend action against 
controllers, claiming that as they were in the military they were 
beyond civilian purview. 
 
3. (U) The prosecutor also recommended indictments of three other 
controllers and the two U.S. citizen Legacy pilots, Joseph Lepore 
and Jan Paladino, for unintentional criminal conduct.  In the 
pilots' case, this was for involuntary manslaughter and exposing an 
aircraft to danger.  The prosecutor claimed the pilots accidentally 
turned off their transponder, disabling both airplanes' collision 
avoidance systems and limiting air traffic controllers' ability to 
confirm the Legacy's altitude.  The federal police report focused on 
the actions of the pilots. 
 
4. (U) In the case of the controllers, the prosecutor claims that 
Santos did not properly inform the controllers who took over for him 
after his shift that the Legacy's transponder was not functioning 
and that he had been unable to contact the plane. 
 
5. (U) Judge Mendes issued an order accepting the indictments on 
June 1, setting dates for questioning of the defendants on August 27 
and 28.  His order states that the U.S. pilots will be required to 
testify in Brazil. 
 
6. (SBU) The pilots' lawyers, after a preliminary analysis of the 
order, believed that the pilots may be able to make a deposition in 
front of a U.S. court for use by the Brazilian authorities. 
 
7. (U) The indictment against the controllers was mirrored by a 
similar change of focus in the Brazilian Senate Investigative 
Committee (CPI) created to look into the accident and in Brazilian 
press coverage.  Previously, press coverage had focused on the 
Legacy pilots as the major culprits of the accident.  Following the 
indictment, most articles focused on culpability of the controllers, 
while describing the pilots as secondary contributors to the 
accident. 
 
8. (U) A chief member of the CPI and Brazilian air officials laid 
the chief blame for the accident on controllers during hearings held 
the week of May 28.  Senator Demostenes Torres, who will draft the 
final CPI report, said that Santos, the flight controller, was most 
to blame.  His statement followed testimony from three military 
 
BRASILIA 00001006  002 OF 003 
 
 
flight controllers, on duty during the midair collision, who told 
the CPI that they blamed the American pilots of the Legacy jet and 
faulty air traffic control equipment for the accident.  The 
controllers claimed that the Legacy pilots should have adjusted 
their altitude according to the flight plan and criticized Brazil's 
air traffic control system.  Demostenes replied that "the [air 
traffic control] system has shortcomings, but the [Gol] accident had 
human causes, especially on the part of [military controller] 
Jomarcelo [Santos].  The Legacy pilots also contributed decisively." 
 Officials of the Brazilian Air Force's Center for the Investigation 
and Prevention of Aeronautical Accidents (CENIPA) later told the CPI 
that the crash of the Gol flight could have been prevented by the 
controllers who were on duty.  "If all the rules had been followed, 
there would have been no accident," according to Brigadier Jorge 
Kersul. 
 
9. (U) The Brazilian Air Force announced on May 31 that it would 
open an investigation into the responsibilities of the flight 
controllers who were on duty the day of the Gol airliner crash. 
According to press reports, the inquiry could take up to two months 
and after this period the air traffic controllers might be tried by 
military justice. 
 
10. (U) The Brazilian indictment process is very different than the 
U.S. process.  The first step was completed when the Federal Police 
finished their investigation, known as an "inquerito," the purpose 
of which was to determine the facts of the case.  They then 
submitted a "relatorio" (report) to the prosecutor.  (The 
"relatorio" makes an "indiciamento" of those whom the police believe 
qualify as having committed a crime, though this is not an 
indictment in U.S. sense, but closer to a recommendation for 
indictment.)  The prosecutor then indicted those he considered 
guilty.  The federal judge has now accepted the indictments and 
those indicted are now defendants. 
 
11. (U) The first ruling of the court ordered service of summons on 
the defendants, so that they were officially informed of the 
indictments.  As the pilots do not reside in Brazil, service of 
summons would have to be carried out in the place of their domicile 
by means of a letter rogatory.  Thereafter begins the evidentiary 
phase: the court will question the defendants.  Subsequently, the 
judge would question witnesses for the prosecution and then 
witnesses for the defense. At some point, the court will be provided 
documents by the parties, such as the final report of the Air Force, 
and perhaps proceedings of the CPI.  Eventually the prosecutor and 
defense counsel will file their final briefs and the court will 
issue a decision. There is no jury and there is no trial in the U.S. 
sense (the case is "on trial," mostly in writing, from the moment 
the judge accepts the indictment).  In every criminal case, there is 
the possibility of appeal, and the Federal Court of Appeals, in 
Brasilia, would reexamine the facts in the case of an appeal. 
 
12. (SBU) Comment: The indictment of the air traffic controllers 
caused a second sea change in the tone of press coverage on the 
culprits of Brazilians worst ever aviation accident.  For the first 
month after the accident, the Legacy pilots were vilified as cowboys 
whose dangerous flying led to the accident.  As problems with 
Brazilian air traffic control systems then became apparent, press 
coverage went through its first metamorphosis and turned to the role 
of the air traffic control systems in the accident, while still 
claiming that the Legacy pilots' "incompetence" was a major factor. 
Now the air traffic controllers, who assigned both aircraft to the 
same path and altitude, have taken center stage, with the Legacy 
pilots moving into a secondary role. 
 
13. (SBU) Comment continued: It is interesting that the prosecutor 
decided to indict the controllers despite the federal police's claim 
that they were under the military justice system and therefore could 
not be indicted by civilian courts.  It is unclear why, eight months 
 
BRASILIA 00001006  003 OF 003 
 
 
after the accident, the Air Force has now decided to start its own 
criminal investigation of the controllers, although it may be an 
attempt to remove them from the civilian criminal system. 
 
SOBEL