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Home  >  LATAM • Law In Travel  >  Jailing Innocent LATAM Pilots Was A Miscarriage Of Justice
LATAMLaw In Travel

Jailing Innocent LATAM Pilots Was A Miscarriage Of Justice

Matthew Klint Posted onNovember 21, 2022November 21, 2022 40 Comments

As if the stress of being involved in a collision with a fire truck was not bad enough, two LATAM A320 pilots spent a portion of their weekend in jail despite all evidence suggesting neither was at fault.

LATAM Pilots Arrested, Placed In Jail After Accident They Were Not Responsible For

On Saturday, a LATAM Airbus A320 collided with a firetruck on the ground at Lima Jorge Chávez International Airport (LIM). Two firefighters were killed, but no one onboard the flight died. It has now emerged that the two pilots were arrested and spent the night in a Lima jail.

The International Federation of Air Line Pilots’ Associations (IFALPA) released a scathing statement about the internment:

Holding individuals in custody who are already under intense psychological pressure due to an accident is extremely detrimental to flight safety and can only hinder the investigation. Further, it shows a complete disregard for the Positive Safety Culture principles laid out by Annexes 13 (Aircraft Accident and Incident Investigation) and 19 (Safety Management) to the Convention on International Civil Aviation. It may also lead the public to conclude that the accident resulted from the flight crew’s intentional acts, rather than technical issues or a string of errors originating from multiple factors.

In any similar circumstances, the flight crew should be provided immediate medical care and evaluation. In no circumstances is it appropriate to question them in the immediate aftermath of any accident or incident until they have been professionally evaluated by qualified medical personnel who can determine their mental and physical fitness to contribute accurate information to investigators.

I quite agree with the assessment of One Mile At A Time, who said, “The fact that the pilots were arrested is even worse when you consider the details we know so far about the incident, which points to the pilots having done nothing wrong.”

If anything, the pilots were heroes and helped to avoid even greater calamity by expertly guiding the aircraft once the firetruck hit it. It has emerged that the firefighters were on a training exercise and did not have permission to cross the runway.

It may be that this is standard protocol in Peru. Perhaps the pilots were arrested to collect blood samples to ensure neither were under the influence while operating the flight. But even if that is the case, the IFALPA is right: incarcerating the pilots after such a traumatic incident is only likely to exacerbate their stress and trauma from the incident. There is little justification for it and if the arrest was legal, I hope the law is changed. There simply is no valid justification for it: we must be guilty until

CONCLUSION

The two LATAM pilots involved in the A320 collision wtih a firetruck spent nearly 24 hours in jail. This incarceration occurred despite all evidence pointing to the firefighters being at fault. Such action represents despicable government overreach and has made a harrowing situation even worse for the two pilots involved.

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About Author

Matthew Klint

Matthew is an avid traveler who calls Los Angeles home. Each year he travels more than 200,000 miles by air and has visited more than 135 countries. Working both in the aviation industry and as a travel consultant, Matthew has been featured in major media outlets around the world and uses his Live and Let's Fly blog to share the latest news in the airline industry, commentary on frequent flyer programs, and detailed reports of his worldwide travel.

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40 Comments

  1. Koggerj Reply
    November 21, 2022 at 3:50 pm

    South America is a sh*thole

    • Stuart Reply
      November 21, 2022 at 7:14 pm

      Interesting. I have been to Peru many times. Ran many rivers there including as part of a group that did the first descent done by kayakers of the Cotahuasi and Colca Canyon back to back as self supports. I never felt unsafe in the multiple areas I accessed, never felt it was any different than being in, say, Miami, (which is a Republican stronghold) and never once thought it was the term you so lovingly use in tribute to Trump. In fact I find it to be one of the loveliest countries in S.A. Mind you, that does not negate that the response and jailing of these pilots was egregious. But to hand the entire country a label as to some official making a poor decision is really weak. Try harder, perhaps?

      • Santastico Reply
        November 21, 2022 at 9:58 pm

        Sorry Stuart. I am from Latin America. You gotta be kidding me saying that walking in Peru, Bolivia, Honduras, Nicaragua, etc… and Miami is the same. There is a reason why everyone with money in Latam come to Miami legally and the poor ones dream to come illegally. There is absolutely no comparison other than the language you hear in Miami. I challenge you to visit San Pedro Sula in Honduras, Zamora in Mexico and Pedro Juan Caballero in Paraguay and walk there the same way you do in Miami. I can guarantee you will not post here again.

        • Aaron Reply
          November 22, 2022 at 12:39 am

          But you don’t live there anymore and most of your travels are to Europe especially via Amsterdam, so maybe his experience is more recent than yours?

          • Santastico
            November 22, 2022 at 10:02 am

            You are wrong. I travel all over Latam for work. Have been to all places I told Stuart to visit plus many other ugly ones. Bullet proof cars are the norm there. It is different to go to Lima and stay in the Miraflores area or travel around the country with a guide. Go walk there on your own like you were in Miami. Good luck.

          • Aaron
            November 23, 2022 at 2:46 am

            Sure, Jan, sure. I guess you must spend 90% of your time on the road then. It’s a wonder you have any time for your family.

        • Stuart Reply
          November 22, 2022 at 9:58 am

          I was speaking of Peru. Not Honduras. Please don’t ad lib to my thoughts.

          • Santastico
            November 22, 2022 at 10:03 am

            Lib?? Are you feeling well?

          • Stuart
            November 22, 2022 at 11:56 am

            ad lib as in wing it with clearly unscripted thoughts that had no relation to what I said. I was talking about Peru. You decided to make it seem like I am talking about every nation in Central and South America. I was not.

          • Santastico
            November 22, 2022 at 2:36 pm

            Stop melting down @Stuart. @Koggerj said South America is a sh*thole. Yes, now I see you are talking about Peru only but anywhere you go in South America has absolutely nothing to do with Miami and that’s why most South Americans love Miami. Love Peru? Go walk in Callao or Trujillo at night. Enjoy it.

          • Stuart
            November 22, 2022 at 7:03 pm

            @Santastico I assure you I am quite calm and rather relaxed. Really! Perhaps it’s you that should calm down given that you also refuse to go to Chicago claiming it’s a war torn refugee camp filled with violence and death at every corner, lol. A city I find to be quite lovely. So, your resume of comments is not the best as a judge of where to travel. It seems with you it would include only Disney World, specifically fantasy land.

          • Santastico
            November 22, 2022 at 8:11 pm

            @Stuart: enjoy Chicago. But get out of Magnificent Mile. Go explore it other areas at night. Walking around Michigan Avenue during the day is easy. Same as walking in Miraflores in Lima during the day. I actually go to Chicago at least once a month for work. Agree it is a beautiful city destroyed by a disgraceful mayor. Maybe you should move there and ensure she is re-elected. She is doing a great job.

          • Stuart
            November 22, 2022 at 8:53 pm

            @Santastico. Oh! You are going to Chicago now, lol. Just a year or so ago you were saying that you wouldn’t set foot there as it’s a deadly war zone. My my, funny how you cherry pick. But I do have a good memory so be careful next time, friend!

            And yes, pretty much any city in the world I can tell you areas that are good to go and those you may want to avoid. That’s pretty standard. It’s a city, lol. I can even tell you areas of Vienna you might want to avoid at night. And, go figure, the only time I was ever mugged in my life was in Switzerland…this after years of traveling in places that you deem as whatever it is y’all call them. Just stop with the whole rhetoric. To quote one of my favorite songs from the Aussie, Paul Kelly, “Every F*%cking City Looks The Same.”

          • Aaron
            November 23, 2022 at 3:01 am

            Apparently Santastic travels everywhere at least once a month for work lol

      • miamiorbust Reply
        November 22, 2022 at 10:37 am

        Mark this date – it’ll never happen again. Apart from his sad need to politicize nearly any topic, I agree with everyone of Stuart’s comments on this post. No country or collection of people are perfect but Peruvians get more right than wrong. Article headlines channeling tropes about SA corruption are dog whistles to nutjobs and really not helpful

    • Joe Reply
      November 21, 2022 at 9:26 pm

      Is it the Russians or Chinese that pay you three cents every time you post and make a fool out of yourself?

      • Koggerj Reply
        November 22, 2022 at 2:22 pm

        No I do it for free. But if they want to pay me I would gladly take their money.

        My point still stands, south America is a sh*thole.

        • Aaron Reply
          November 23, 2022 at 2:20 am

          So you’re an assh*le for free? Good to know.

  2. Steve Reply
    November 21, 2022 at 3:55 pm

    I’ll make it simple;

    IT’S PERU!

    They don’t need a reason to lock you up and throw away the key.

    • Matthew Klint Reply
      November 21, 2022 at 4:21 pm

      Have you or Koggerj ever actually been to Peru?

      • koggerj Reply
        November 21, 2022 at 4:30 pm

        I have and every street in lima looks just about as bad as the most decayed part of Detroit.

        • Stuart Reply
          November 21, 2022 at 7:17 pm

          I doubt you have been more than a few miles from your enclave where you troll to make yourself appear important and relevant.

          • Aaron
            November 22, 2022 at 12:41 am

            Yeah, I wouldn’t be surprised if he has never visited Peru.

          • Koggerj
            November 22, 2022 at 2:23 pm

            Believe whatever you want.

            Peru specifically Lima is a dump.

          • Matthew Klint
            November 22, 2022 at 2:24 pm

            Again, when were you last there?

      • Greg Reply
        November 21, 2022 at 6:48 pm

        I know quite a bit about Peru. @Steve is using slightly exuberant language, but his general point isn’t really off the mark

  3. Santastico Reply
    November 21, 2022 at 4:35 pm

    Peru is a great country. Beautiful places, great people and amazing food. However, as all Latin American countries, things happen their own way. Corruption, bribery, crazy rules and laws (or lack of those), etc…. Not a place for amateurs.

    • David Reply
      November 22, 2022 at 7:37 am

      There you go. That’s the distinction many are missing. Ask Brittney Griner.

      • Santastico Reply
        November 22, 2022 at 10:45 am

        Exactly! People have no idea what they are getting into when visiting some of these countries. They are naive and act like tourists but the reality there is very different. As for Brittney Griner, why would anyone go play in Russia and why would anyone bring anything that could be suspicious there? I doubt she will ever leave the prison but if she does I can’t wait to read her book.

    • Stuart Reply
      November 22, 2022 at 9:35 pm

      @Santastico So, you mean pretty much like the Trump Administration? Kind of like telling Zelensky in basic terms that “you will get your money for defense if you will help me dig up dirt on Biden.” Corruption is human nature. It is not indicative of any one country, political party, or religion. It just is and will forever be widespread over any system where one tries to hold power, which is the goal EVERYWHERE. Please stop using it to your advantage as to make a point, as you often do, that it is specific to some places while others are pure. There is no purity. There are only checks and balances. Which is why I firmly believe and love a system like America where two parties are equally split within our country and constantly question each other. In the meantime you need a good cold face wash to realize that there is not a single nation in the world that is not corrupt on different levels.

  4. Phil Reply
    November 21, 2022 at 4:43 pm

    I thought in an airport situation aircraft ALWAYS take priority over over vehicles? Any other road vehicle is going to be able to stop far faster than any moving aircraft.

  5. rjb Reply
    November 21, 2022 at 4:46 pm

    How do you knw the pilots are innocent? Seems to be a lot of stories in the USA that are censored as “Fake News” when it turns out it was all true.

    I am not saying it was right to put the pilots in the cooler but it is definitely wrong to say they have no culpability.

    • Matthew Klint Reply
      November 21, 2022 at 4:54 pm

      We have video of the incident and we have confirmation from authorities that the firemen were on a training exercise without the authority to cross that particular runway.

  6. William Robert Reply
    November 21, 2022 at 5:40 pm

    If I were a pilot I wouldn’t want to fly to Peru after seeing what happened in this incident

  7. Tony N Reply
    November 21, 2022 at 5:42 pm

    They were the Scapegoats. (defn: Scapegoating serves as an opportunity to explain failure or misdeeds while maintaining one’s positive self-image). And there is a lot of that going on in industries. And esp in Latin countries.

  8. Tony N Reply
    November 21, 2022 at 5:44 pm

    Even a simple car accident can land you in Jail. Until the Local (Loco) Lawyer Bails you out.

  9. Andy Reply
    November 21, 2022 at 7:27 pm

    Pilots were probably Chileno.

    • Larry B Reply
      November 21, 2022 at 9:52 pm

      JAJA, I was kinda wondering that myself!

  10. miamiorbust Reply
    November 22, 2022 at 10:19 am

    Give me 45 minutes and I’ll generate video and other “proof” for nearly incident you want to create. The old adage of don’t believe everything you read (or see) has never been more true. May be local law enforcement has more information than the mighty web surfing blogger? Or they are corrupt. I have no idea and based on what is described above the author doesn’t either. This reads like another example of the ugly American tendency to accuse the backward unkempt Others first and think later. This could never happen at LAX, right?

  11. Bruno Reply
    December 3, 2022 at 9:29 pm

    Laws in South America are not great, and they are enforced differently from place to place, from city to city, curious fact, did you know that in Bolivia, if someone breaks into your house and you defend yourself and beat them, you get 3 months of jail for assault, and if you accidentally kill him while defending yourself that will land you 30 years in prison, Peru is another legal hellhole, nobody said it doesn’t have nice touristic locations, it does, but thats what they are, touristic, the rest is the same shit as La Paz, Bolivia but bigger, people are mean I KNOW I’ve lived in lima for 5 years, I’ve seen people incarcerated for stuff you shouldn’t be, so no, don’t come up to a South American and say that you know the country better because your [redacted by admin] point of view is not the appropriate…

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