KUALA LUMPUR, Jan 29 — The missing Malaysia Airlines (MAS) Flight MH370 was today officially declared an accident under international aviation rules, and that all 239 passengers and crew aboard are presumed to have lost their lives.
In making the announcement, the Malaysian government stressed that the search for the Boeing 777 remains a priority.
The government is committed to continuing all reasonable efforts to bring closure to this unfortunate tragedy, with the continuing cooperation and assistance of the governments of China and Australia, said Department of Civil Aviation director-general Datuk Azharuddin Abdul Rahman.
Relatives of the passengers of missing MH370 gathered in Putra Jaya today to attend the press conference
Appearing in a televised broadcast over the RTM1 television channel, he said: “It’s with the heaviest heart and deepest sorrow that, on behalf of the Government of Malaysia, we officially declare Malaysia Airlines Flight MH370 an accident … and that all 239 of the passengers and crew on board MH370 are presumed to have lost their lives.”
“We have endeavoured and pursued every credible lead and reviewed all available data. Despite all these efforts over the last 327 days (as of yesterday), the search unfortunately has yet to yield the location of the missing aircraft,” he said.
Azharuddin said the Malaysian government acknowledged that the declaration of the MH370 accident would be very difficult for the families and loved ones of the 227 passengers and 12 crew aboard to consider, much less accept.
Thirteen nations, he noted, had also lost sons and daughters to this tragedy but it was nonetheless important that families tried to resume normal lives, or as normal a life as may be possible after this sudden loss.
“Without in any way intending to diminish the feelings of the families, it is hoped that this declaration will enable the families to obtain the assistance they need, in particular through the compensation process,” Azharuddin said.
Datuk Azharuddin Abdul Rahman.
The Malaysian plane vanished on March 8, 2014, en route to Beijing from Kuala Lumpur International Airport in Sepang.
Azharuddin told the nation and international viewers that the declaration that MH370 was an accident was made in accordance with the Standards of Annexes 12 and 13 to the Convention on International Civil Aviation (commonly referred to as the ‘Chicago Convention’).
The DCA chief said Chapter 1 of Annex 13 to the convention states that the definition of the term accident includes the aircraft is missing .
It also states that an aircraft is considered to be missing when the official search has been terminated and the wreckage has not been located .
Annex 12 to the convention further states that the term search refers to an operation to locate persons in distress.
Azharuddin said the search and rescue phase was carried out from the day the aircraft disappeared up to 28 April 2014 where the search area covered the South China Sea, the Straits of Melaka, the Andaman Sea and the southern Indian Ocean.
He pointed out that the underwater search was still ongoing at this time and the exercise was currently being performed by four vessels, namely the Go Phoenix, Fugro Discovery, Fugro Equator and Fugro Supporter. The search has covered over 18,600 square kilometres as of yesterday.
Azharuddin said that based on the analysis of all available evidence and the supporting factual information, this data supported the conclusion that MH370 ended its flight in the southern Indian Ocean.
Wife of one of the passengers of missing MH 370 holding a photograph of her husband at today’s press conference
Based on the same data, he said, it was concluded that the aircraft exhausted its fuel over a defined area of the southern Indian Ocean, and that it was on the sea floor close to that defined area.
“This is a remote location, far from any possible landing sites. It is also an area with adverse sea conditions with known depths of more than 6,000 metres.
“After 327 days (as of 28 January 2015) and based on all available data as well as circumstances mentioned earlier, survivability in the defined area is highly unlikely,” he said, before declaring that Flight MH370 was an accident.
In offering deepest sympathy to all those affected by what he described as a terrible accident, Azharuddin said it had been a frustrating time for all who had tried their best in the search for MH370.
“We have never wavered in our commitment to continue our efforts to find MH370 and bring closure for everyone, most of all for the families of the passengers and crew of MH370,” the DCA director-general said.
Underscoring that the declaration was by no means the end, Azharuddin said: “We will forge ahead with the cooperation and assistance of the governments of China and Australia.
“MH370, its passengers and its crew will always be remembered and honoured.”
The DCA official said the Malaysian government assured that Malaysia Airlines would undertake its responsibilities in relation to the legitimate rights and interests of the next-of-kin as provided under the relevant international instruments and relevant domestic laws, with due consideration to international practice.
“This includes the fulfilment of the compensation process, whether it is pursued through consultation or through litigation.
“We further understand that Malaysia Airlines is ready to proceed immediately with the compensation process, with due regard for the readiness of the next-of-kin to take this step,” he said.
In keeping with commitments to keep the next-of-kin apprised of the latest developments and pertinent verified information, a special section has been established on the MH370 official website, http://www.mh370.gov.my, solely for the next-of-kin.
It includes information on the search and investigation efforts, the compensation process, responses to their inquiries as well as other forms of assistance that are available to them.
“It is hoped that this dedicated portal will provide a continuing support system for the next-of-kin,” Azharuddin said.
He also said that Malaysia was greatly indebted to all the countries and individuals for all the assistance and support rendered.
“We offer our heartfelt gratitude for the generosity of response in a dark hour in the history of the aviation industry,” he said, alluding to the 160 assets as well as the numerous experts from 25 countries involved at one point or another in the search for the missing jetliner.
— BERNAMA
