Front line operators and Flight Safety Foundation criticize the conviction of two Air Traffic Controllers in Japan

The prosecution and conviction of these two Air Traffic Controllers in a situation where there was no intent of wrong doing is contrary to International best practices for Aviation Safety and the principles of a "Just Culture". In the international aviation community, '"Just Culture" can be defined as a culture in which front line operators, such as air traffic controllers, pilots and engineers, are not punished for actions, omissions or decisions taken by them that are commensurate with their experience and training and do not involve gross negligence or willful violations In this unfortunate incident there was no suggestion of intent to do wrong, therefore prosecution is not only misdirected, but, if seen to be normal practice, may actually make air travel less safe by imposing a climate of fear over the technical investigation. By allowing such convictions, the Japanese law on professional misconduct would seem to be impeding the development of an environment that encourages the full disclosure and investigation of critical aviation safety incidents as a positive means of preventing further incidents and accidents. It is reported that this High Court ruling may be the subject of an appeal to the Supreme Court. The undersigned urge the Supreme Court to take into consideration and the Japanese Government to take note of the detrimental effect of continuing to strictly enforce the Japanese law on professional negligence in this way.