Mailén Díaz Almaguer, the sole survivor of the tragic Cubana de Aviación Flight 972 crash that occurred in 2018, shared a heartfelt message on Facebook this Wednesday. Her post comes in light of recent judicial updates concerning the disaster, as the eighth anniversary of the catastrophe approaches.
"Let JUSTICE be the word that honors May 18th after 8 years of so much suffering and uncertainty," she wrote.
The message was accompanied by a video from journalist Mario J. Pentón, who, alongside attorney Samuel González Ruiz, discusses the implications of a recent court ruling in Mexico. The judgment orders Global Air (Aerolíneas Damojh) to compensate the families of four crew members who perished in the crash.
Issued on March 30 by the Fourteenth District Civil Judge in Mexico, the ruling was communicated to the crew's families in the first week of April.
The judgment mandates a payment of approximately 30 million Mexican pesos—around 600,000 dollars at the current exchange rate—to each of the four families involved, totaling 124.2 million pesos.
Legal Ramifications and Background
González Ruiz highlighted the ruling's significance, stating, "The airline Damojh was held accountable for operating the aircraft without proper maintenance, despite the prohibition against its flight."
The ban was due to damage the plane sustained to its second thrust reverser at Havana's airport, which the company knew about but concealed.
The lawyer further revealed, "All the aircraft's maintenance records were falsified" by the company's management, describing it as "a reckless act of inexcusable negligence by everyone involved."
The May 18, 2018 accident was Cuba's deadliest air disaster in three decades.
The Boeing 737-200, leased by Cubana de Aviación from Mexico's Global Air, crashed 35 seconds after taking off from José Martí International Airport en route to Holguín, plummeting into a rural area in the Boyeros municipality.
Of the 113 individuals on board, 112 perished: 101 Cubans, six Mexican crew members, and five foreign passengers. Mailén, who was 19 at the time, was the only survivor, having lost her husband, Jean Michel López Salinas, with whom she had been married for just two months.
Unyielding Demand for Justice
Mailén has consistently demanded justice since the year of the accident.
Using her social media platforms, she has marked each anniversary of the tragedy not only as a time of mourning but also as a public plea against the lack of accountability and clarity.
She has frequently criticized the lack of transparency in investigations and the absence of institutional support for victims and their families.
Her advocacy is deeply personal, driven by the memory of those who died, especially her husband, making her one of the most prominent voices in the case.
Throughout the years, she has emphasized that justice involves more than just compensation; it requires uncovering the truth, identifying those responsible, and preventing similar disasters. Her consistent message has been clear: without justice, the process remains incomplete.
Next Steps in the Quest for Accountability
While the recent ruling is the first definitive civil compensation judgment in this case, it does not conclude the legal process.
A parallel class-action lawsuit has been underway in Mexico's Fifth Federal Court since 2019, involving Cuban passengers and targeting Damojh, its director Manuel Rodríguez Campa, Mexican insurer B4MAS, Boeing Corporation, and other insurance companies.
González Ruiz remains hopeful: "There is a strong possibility that, similar to this ruling, a comparable judgment can be achieved in the class action for all the passengers."
However, the path is fraught with challenges.
Global Air is undergoing bankruptcy proceedings initiated in 2024 without creditor agreement, raising serious concerns about the families' ability to collect the ordered compensations.
Compounding the issue is the Cuban regime's refusal to cooperate with Mexican justice.
Despite over eight international requests sent by Mexico's Attorney General's Office to Cuba, the country has yet to provide the necessary documents for further criminal investigations, eight years on.
The call for justice, eight years after the tragedy, remains the rallying cry of survivors and the families of the victims.
Key Questions on the Havana Plane Crash Case
What is the significance of the recent court ruling in Mexico?
The ruling mandates Global Air to compensate the families of four crew members who died in the crash, marking the first definitive civil compensation judgment in the case.
What obstacles do the victims' families face in receiving compensation?
Global Air's bankruptcy proceedings and Cuba's refusal to cooperate with Mexican justice pose significant challenges in collecting the ordered compensations.
How has Mailén Díaz advocated for justice since the crash?
Mailén has consistently used social media to demand accountability and transparency, emphasizing the need for truth and prevention of future tragedies.