THE INDICTMENT

MINISTERIAL RESOLUTION No. 022-A-70-TC/AE

Lima, October 2, 1970

CONSIDERING:

That last August 9, at approximately 14:45 hours, at the time of initiating its Cuzco-Lima flight, the Lockheed Electra L-188A aircraft, registry number OB-R-939 of the "Lineas Aereas Nacionales" Company S.A. impact and fire, killing its 92 passengers and seven of the eight crew members and leaving the other one gravely injured;

That, through pertinent investigations conducted by a Commission appointed by Supreme Resolution No. 0064-70-TC/DS, dated 11-8-70, on one hand, and on the other by the Permanent Accident Investigation Board of the Directorate General of Civil Aviation (DGAC), it has been possible to establish finally that the above mentioned accident was due to causes of arising from equipment failure, from inadequate maintenance and error in the operation of the aircraft;

That the indicated maintenance failures have the character of punishable negligence due to the characteristics of the antecedents that gave rise to the accident, since there is evidence of the personnel in charge of maintenance of the crashed aircraft having violated their duties;

That likewise it is shown that when the investigations of the case were begun by the Directorate General of Civil Aviation, there proceeded first a failure to present and then a substitution of the so-called "work sheet," an element of the utmost importance for the cited investigations, because there was written on it the report on the mechanical condition of the crashed plane, the mechanical condition observed the same day of the accident during a flight made on the Lima-Pucallpa-Iquitos-Lima route;

That due to their specific nature the above mentioned facts show that their investigation and subsequent trial is within the authority of the Judicial Authorities pursuant to article 9 of the Code of Penal Procedure;

In accordance with the provisions of the Sole Article of Decree Law 17667 and Article 17 of Decree Law 17537, and with the favorable opinions of the Director General of Civil Aviation, the Superior Director of the Ministry and the advice of the Office of the Legal Adviser;

IT IS RESOLVED:

Sole Article - The Prosecuting Attorney on duty in the Province of Cuzco is hereby authorized to proceed to institute penal proceedings in the name and representation of the State against those who may be responsible for the crimes against the life, body and health of passengers of the plane OB-R-939 which crashed in the city of Cuzco last August 9 and likewise for the crime against the administration of justice, an offense against the State, authorizing him also to constitute himself as the civil party in the corresponding action.

Register and publish.

Brigadier General E.P. Anibal Meza Cuadro Cardenas

Minister of Transport and Communications.