Call For Travel Industry To Learn Lessons As Coroner Delivers Inquest Conclusions Following The Deaths Of 30 Britons In Terrorist Attack In Tunisia
Families who lost loved ones in the terrorist attack in Sousse, Tunisia, 18 months ago, have been shocked by the lack of security measures at the hotel and called for the travel industry to learn lessons from the evidence presented at the Inquests into the deaths of 30 Britons which were held over the past seven weeks.
Today (28 February 2017) His Honour Judge Loraine-Smith, sitting as a Coroner delivered his conclusions at the Royal Courts of Justice following the Inquests into the deaths during in the terrorist attack on 26 June 2015 in Tunisia.
He said all 30 were unlawfully killed and asked for submissions to be made from the legal team of the families affected, tour operator TUI and the Foreign and Commonwealth Office (FCO) so that he can consider a Report to Prevent Future Deaths.
Families who lost loved ones in the terrorist attack at the Imperial Marhaba Hotel Sousse, Tunisia, heard detailed evidence during the past seven weeks in relation to events leading up to and during the attack.
Specialist international personal injury lawyers at Irwin Mitchell represented the families of 22 victims during the lengthy inquest proceedings and are working together with barristers Andrew Ritchie QC and Katherine Deal of 3 Hare Court.
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“During the past seven weeks both the Coroner and the families who we represent have heard shocking evidence about the level of security precautions at the Imperial Marhaba hotel at the time of the terrorist attack. The security guards employed at the hotel were clearly poorly trained, ineffective and unable to communicate with each other; there was limited CCTV coverage, much less than at other nearby hotels, and monitoring around key points at the hotel; while a number of other security measures were inadequate - including gates and perimeter fences; and there was no protocol in place to be followed in the event of a terrorist attack.
“The level of terrorist threat in Tunisia had been escalating for some time prior to June 2015. This included a failed suicide bomb attempt at a beach in Sousse. Then, following the terrifying events at the Bardo museum in Tunis in March 2015, the Tunisian Minister of Tourism wrote to alert all hotels requiring them to improve security measures. Tragically these steps were not implemented at the Imperial Marhaba Hotel.
“TUI the Tour Operator who organised the holidays for the victims has stated that it was unaware of the letter from the Minister of Tourism. Even more surprisingly, given the events in Bardo and elsewhere in Tunisia, TUI failed to audit the adequacy of security precautions at the Imperial Marhaba Hotel.
“It is now crucial that the whole travel industry learns from what happened in Sousse to reduce the risk of similar catastrophic incidents in future.
“Our clients are very grateful to the coroner for his careful and sensitive handling of the inquest proceedings. They feel he has been fair and thorough in his investigation and appreciate how he has tried to ensure throughout that the families come first.
“On behalf of our clients who lost members of their families and those who suffered injuries in this terrible incident, we will now be preparing to commence civil proceedings against TUI for damages.” Clive Garner - Consultant
Irwin Mitchell is representing many families who lost loved ones on that tragic day as well as many others who were left suffering both physical and psychological injuries. The law firm will now be working with their clients to help them to overcome their ordeals which will include civil claims against the tour operator to recover the necessary support they now need.
Andrew Ritchie QC of 9 Gough Square Chambers said: "Coroners Courts have strong powers to investigate incidents but very restricted powers in relation to any failings apparent from the evidence. In these inquests, the Coroner and the Counter Terrorism Squad (SO15) put enormous effort into investigating this tragedy and a lot of evidence was given to the Court about what happened leading up to the massacre and on the day. But the Coroner was not empowered to give any verdict regarding anyone's negligence or civil liability. He could only make findings of fact, phrasing those neutrally and then giving his verdict of unlawful killing.
“The Coroner's verdict reflects that structure and for the families the structure was both helpful and frustrating.
“Many of the families gave evidence that they were unaware of the FCO travel advice that there was a "high threat from terrorism" in Tunisia and/or were unaware of the detailed content of the travel advice and that neither TUI's 2015 written brochure nor their 2015 website informed them of the content of the FCO travel advice before they booked.
“On behalf of the families, I will now make further submissions to the Coroner about a report aimed at preventing future deaths and in relation to the FCO's Travel Aware campaign."
Over seven weeks in January and February the court heard evidence from witnesses including the Foreign and Commonwealth Office (FCO), senior executives at tour operator TUI and management from the Imperial Marhaba Hotel. Evidence directly related to each of those who died will be reviewed along with a computerised model of the hotel. Hours of video footage from major media companies has also been reviewed.