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Austria: Pilots responsible for deportation deaths?

01 November 2000

The preliminary hearings into the death of the Nigerian asylum-seeker Marcus Omofuma on a Balkan-Air aircraft on 1 May 1999 (see Statewatch vol 9 no 2), which are taking place in the regional court of Korneuburg in Austria, have thrown up far-reaching questions of responsibility for the death or injury of refugees and migrants during their deportation. The defence team for the police officers who had bound and gagged Omofuma and are now accused of "inflicting suffering resulting in the death of a prisoner", are arguing that the pilot of the aircraft is responsible for the death of the deportee as he has sole powers on board (see Statewatch vol 10 nos 3 & 4 for a discussion of the legal situation).
Anti-deportation campaigners have long warned aviation companies of their legal responsibilities on board aircraft during deportation and are appealing to pilots, staff and passengers to intervene in and/or refuse to carry out forceful deportations. Although the question of responsibility has become pressing after death rates during deportation attempts have dramatically increased with the forceful introduction of an EU deportation machinery (see CARF no 57, September 2000), this is the first official consideration that a pilot be held legally responsible for the death of a deportee on an aircraft.
Gisela Seidler, a Munich immigration lawyer and member of the German campaigning network no one is illegal believes that this new development "will create a stir in management circles of the Deutsche Lufthansa". The campaign has long pointed to the issue of responsibility and Seidler remarks that "aviation companies as well as every individual pilot would be well advised to refuse to take part in any deportations".

off limits, number 29 (November) 2000; see also the European noborder website on aviation campaigns,