Families Still Seek Justice for Cuban Air Disaster Eight Years On

Nearly eight years have passed since the tragic crash of Cubana de Aviación Flight 972, the most catastrophic air disaster in Cuba in three decades. The families of the victims remain ensnared in a web of grief, uncertainty, and unfulfilled justice. Lacking compensation and accountability within Cuba, a recent ruling in Mexico has rekindled a glimmer of hope for those who have persistently demanded answers.

In April, a federal judge in Mexico mandated that the airline Global Air pay 124.2 million Mexican pesos—approximately 7.1 million U.S. dollars—to the families of four crew members who perished in the Boeing 737-200 crash on May 18, 2018, in Havana. The aircraft went down just 35 seconds after taking off from José Martí International Airport on its way to Holguín.

Out of the 113 individuals on board, 112 lost their lives: 101 were Cuban nationals, six were Mexican crew members, and five were foreign passengers. Only one person survived the disaster.

Landmark Ruling Highlights Negligence

This ruling is significant as it officially determines that the crash was not a random accident but was caused by severe negligence. According to the judgment, Global Air operated the plane without proper maintenance and ignored an existing flight ban due to a defect the company was aware of but concealed.

Noelia García López, who lost both her daughter and granddaughter in the accident, sees this legal decision as a long-awaited breakthrough. From Florida, where she now resides, she recounted to Martí Noticias her unsuccessful attempts to seek justice in Cuba. "I tried to find justice in my country, but my country denied me that opportunity," she lamented. Despite this, she never stopped her quest for truth and justice: "I wanted to clarify what happened and ensure justice was served."

Legal Battles and International Challenges

Spanish lawyer Carlos Villacorta Salis, representing over 50 Cuban families and the sole survivor, Mailén Díaz Almaguer, described the ruling as a significant stride after years of silence. He noted that the decision also sets a crucial precedent: an indicative compensation of between 1.7 and 1.8 million dollars per victim, potentially guiding future claims by Cuban families.

The ruling also casts a spotlight on Cubana de Aviación's role, which had leased the aircraft from Global Air through a wet lease arrangement. Villacorta emphasized that even minimal safety checks could have prevented this partnership, highlighting a lack of due diligence.

The legal struggle presses on multiple fronts: class-action lawsuits in Mexico, criminal charges against the airline's responsible parties, and proceedings in international jurisdictions. Yet, the path forward remains fraught with challenges.

Global Air is currently undergoing bankruptcy proceedings initiated in 2024, casting doubt on the families' ability to collect the awarded compensations. An even greater hurdle is the Cuban government's lack of cooperation. The Mexican Prosecutor's Office has issued over eight formal requests for information, yet Cuban authorities have failed to provide the necessary documents to advance the criminal investigation.

Hope for Justice Amidst Ongoing Struggles

Amid this scenario, the voice of Mailén Díaz Almaguer, the disaster's sole survivor, continues to be heard. Approaching another anniversary of the tragedy, she reiterated her demand for justice: "Let JUSTICE be the word that honors next May 18th after eight years of so much suffering and uncertainty."

For the families, justice remains an unfulfilled promise.