Tuesday, August 2, 2011

PROCLAMATION NO. 31/1996 OFFENCES AGAINST THE SAFETY OF AVIATION


PROCLAMATION NO. 31/1996
A PROCLAMATION TO PROVIDE FOR OFFENCES
AGAINST THE SAFETY OF AVIATION

WHEREAS, realizing that offences against the safety of aviation greatly endanger life and property, international conventions of which Ethiopia is one of the signatory states have been adopted to suppress such offences;
WHEREAS, in order to implement the conventions ratified by Ethiopia, it is necessary to promulgate a law forming an integral part of the Penal Code;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
1. Short title
This Proclamation may be cited as the "Offences Against the Safety of Aviation Proclamation No. 31/1996."
2. Definitions
In this Proclamation:
1) "an aircraft in flight" refers to the period from the moment when all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and includes, in case of forced landing, the time until the aircraft as well as the persons and property on board are released;
2) "an aircraft in service" refers to the period starting from the time of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; but it shall not, in any event, be less than the entire period during which the aircraft is in flight as defined in sub-Article(1) of this Article.

3. Unlawful seizure or Control of an Aircraft
Whosoever intentionally and unlawfully seizes or exercises cortrol of an aircraft in service by violence or threats thereof or by any other form of intimidation is punishable with rigorous imprisonment from fifteen to twenty-five years.
4. Endangering an Aircraft in Flight
1) Whosoever negligently performs an act of violence against a person on board an aircraft in flight, which act is likely to endanger the safety of that aircraft, is punishable with rigorous imprisonment from five to fifteen years.
2) Whosoever intentionally performs an act of violence against a person on board an aircraft in flight, which act is likely to endanger the safety of that aircraft, is punishable with rigorous imprisonment from fifteen to twenty-five years.
5. Damage to an Aircraft in Service
1) Whosoever negligently destroys an aircraft in service or causes damage which renders it incapable of flight or which is likely to endanger its safety in flight, is punishable with rigorous imprisonment from five to fifteen years.
2) Whosoever intentionally destroys an aircraft in service or causes damage which renders it incapable of flight or which is likely to endanger its safety in flight, is punishable with rigorous imprisonment from fifteen to twenty-five years.
6. Placing a Device or Substance on an Aircraft in Service
1) Whosoever negligently places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft or to cause damage to it which renders it incapable of flight or to endanger its safety in flight, is punishable with rigorous imprisonment from five to fifteen years.
2) Whosoever intentionally places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft or to cause damage to it which renders it incapable of flight or to endanger its safety in flight, is punishable with rigorous imprisonment from fifteen to twenty-five years.
7. Damage to Air Navigation Facilities or Equipment
1) Whosoever negligently destroys or damages air navigation facilities or equipment, or interferes with their operation, which act is likely to endanger the safety of an aircraft in flight, is punishable with rigorous imprisonment from five to fifteen years.
2) Whosoever intentionally destroys or damages air navigation facilities or equipment, or interferes with their operation, which act is likely to endanger the safety of an aircraft in flight, is punishable with rigorous imprisonment from fifteen to twenty-five years.
8. Communication of False Information Endangering the Safety of an Aircraft in Flight
1) Whosoever negligently communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight, is punishable with rigorous imprisonment from five to fifteen years.
2) Whosoever intentionally communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight, is punishable with rigorous imprisonment from fifteen to twenty-five years.

9. Aggravating Circumstances
Where the offences committed under the preceding Articles cause damage to life, person or health, the punishment is, having regard to the gravity of the offence, rigorous imprisonment for life or death.
10. Breaches of Duty
Whosoever, charged with the responsibility of preventing or controlling offences against the safety of aviation, allows the placing of a device or substance which causes damage to an aircraft in flight or in service or to air navigation equipment or facilities, by failing to properly discharge his duties, is punishable with rigorous imprisonment from five to fifteen years; in cases where the offence causes damage to life, person or health, the punishment is rigorous imprisonment not exceeding twenty-five years.
11. Effective Date
This Proclamation shall come into force as of the 22nd day of February, 1996.
Done at Addis Ababa, this 22nd day of February, 1996
NEGASO GIDADA (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA

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