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Cuba’s failure to compensate the families of victims of a May 2018 air disaster has come to light in recent press reports. Irregularities regarding the cause of the incident and persecution by Cuban authorities of international lawyers representing relatives of the deceased have also been reported.
Cuban airlines are some of the worst-ranked in the world for security and service. Cuba Archive has documented at least 18 civil aviation accidents of Cuban airlines since 1959 with a toll of 673 fatalities, including 112 killed May 18, 2018, when a Cubana de Aviación Boeing 737, operated by the Mexican company Global Air, went down near Havana en route to Holguín. That is a very high accident rate compared to the number of flights.
Report - Cuba - Archive - June - Details
A report published by Cuba Archive on June 29, 2018 details the problems of civil aviation in Cuba, including the issue of liability. Everything seems to indicate that the Cuban State is still not fulfilling its international commitments.
Until 1999, Cuba’s airlines were bound by the Warsaw Convention and the Hague Protocol to compensate victims of civil aviation accidents. But the 1999 Montreal Convention is even more specific on the issue of compensation. Signed by Cuba on May 28, 1999 and ratified on October 14, 2005, it entered into force on December 13, 2005. Article 21 of said Agreement establishes that the carrier is liable for up to 113,100 Special Drawing Rights (SDRs) for each passenger for which it “shall not be able to exclude or limit its liability.” (The Special Drawing Right (SDR) is an international reserve asset, created by the IMF in 1969 to supplement its member countries’ official reserves whose value is based on a basket of five currencies: the U.S. dollar, the euro, the Chinese renminbi, the Japanese yen, and the British pound sterling.)...
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