Takata report: Transport Ministers during 2013-2023 "heavily politically responsible" for inaction, negligence and indifference

A long-awaited report from the Investigative Committee examining vehicle imports and recalls in Cyprus between 2013 and 2023 to do with faulty airbags Takata has uncovered serious criminal, political, and disciplinary responsibilities.

The findings on the Takata airbag malfunctions in Cyprus that led to the deaths of two people and left another seriously injured, were made public on Tuesday by Attorney General George Savvides.

The report of the three-member Investigative Committee, chaired by former Supreme Court Judge Michalakis Christodoulides, suggests that crimes such as manslaughter or causing death through reckless or dangerous acts, serious bodily harm, and abuse of power may have been committed. The report specifically cites two fatal incidents and one case of severe injury due to exploding airbags in vehicles driven by young victims.

Authorities who knew or should have known about the dangers posed by faulty Takata airbags and failed to act or warn the public may be implicated, under articles 205, 210, and 231 of the Penal Code.

It is noted at the same time that Attorney General will be the one to determine whether to pursue criminal charges and only the courts can decide on guilt or innocence.

Political responsibility for Ministers

The committee harshly criticises Transport Ministers who served during the critical decade 2013-2023 - namely, Efthymios Flourentzos, Tasos Mitsopoulos, Marios Demetriades, Vasiliki Anastasiadou and Yiannis Karousos - holding them "heavily politically responsible" for the Transport Department’s inaction, negligence, and indifference.

Despite receiving warnings from the Consumer Protection Service as early as 2013 and direct letters from citizens in 2015 and 2016 about the global recall of tens of millions of vehicles, the Department took no effective measures until 2023. Only then did Minister Alexis Vafeades finally intervene, reportedly prompted not by official channels but by information from the father of one of the victims.

The report points out that Ministers not only failed to take preventative steps but did not even inform their own Ministry leadership or the public.

It also dismisses arguments from former ministers claiming ignorance, stating that Ministers are objectively responsible for their departments' actions or omissions. Furthermore, it is added, they failed to establish mechanisms to ensure they were properly briefed on serious safety issues.

"There is another important parameter," the committee adds. "When those at the top of the political and social pyramid do not assume responsibility, they encourage a culture of general and political impunity. Only when leaders are ready to accept responsibility can true public trust in the state and its institutions be cultivated."

The report also cites evidence from two officials, indicating that a March 2017 directive was prepared with input from the then-Minister, potentially linking him to an abuse of power offence.

Disciplinary accountability

Beyond criminal and political aspects, the committee also highlights disciplinary violations. It recommends examining whether civil servants committed disciplinary offences through omissions that led to the deaths of two people and the permanent injury of a third.

According to the report, officials showed negligence and indifference by ignoring repeated warnings from the Consumer Protection Service starting in 2013, as well as letters from citizens in 2015 and 2016 about the global airbag recalls.

The committee criticises the Department of Road Transport and the Electromechanical Service for failing to communicate vital information, even after fatal accidents. In one example, the Director of the Electromechanical Service claimed that sharing reports with the Ministry would compromise police investigations and that the information was already publicly available online.

Criminal aspects

In terms of criminal liability, the committee notes that from 2011 to 2017, local distributors were responsible for vehicle recalls. However, in March 2017, the Transport Department issued a directive exempting them from recalling “grey import” vehicles. The committee raises questions about whether this exemption was done with ministerial involvement or under direction.

While the report underscores the serious potential criminal offences, it acknowledges that the Attorney General alone will decide whether there will be prosecutions.

Failings of the Road Safety Council

The committee also scrutinises the Road Safety Council, concluding it does not fulfill its intended purpose. According to testimony, the Council merely receives statistical updates on deaths and serious injuries, rather than focusing on proactive safety measures.

The committee suggests a complete review of the Council's structure, as key agencies failed to share critical safety information with it, including the airbag danger.

(Source: CNA)