MH17: Ukraine plane crash murder trial draws to a close
In 2014 a passenger jet was shot down over eastern Ukraine, killing all 298 people on board.
Today judges at a high security court near Schiphol Airport
will deliver a verdict on three Russians and one Ukrainian accused of mass murder.
The judgment is unlikely to result in anyone serving time in jail for this mass murder, but the investigation has created an incontestable historical record and delivered the families some peace of mind.
Three convicted & sentenced to life in prison for downing flight MH17; One acquitted
The court presiding over the criminal case regarding the downing of Malaysia Airlines flight MH17
convicted defendants Igor Girkin, Sergey Dubinskiy, and Leonid Chartchenko,
and sentenced all three of them to life imprisonment.
It acquitted the fourth suspect, Oleg Pulatov.
The 56-year-old was the only one of the four to be represented in court,
while the three others were convicted in absentia.
The verdict was read in the highly-secured courtroom near Schiphol Airport
starting at 1:30 p.m. on Thursday.
The process was officially concluded 3:45 p.m.,
exactly eight years, four months, and 25 minutes
after the Boeing 777 passenger jet was shot out of the sky.
A Dutch court has found three men guilty of murder for shooting down a passenger jet over eastern Ukraine in 2014, killing 298 people.
The court found that a Russian-made missile supplied from Russia and fired by an armed group under Russian control brought down flight MH17.
The men - two Russians and one Ukrainian - were found guilty in absentia and sentenced to life in jail. A third Russian was acquitted.
The judges ruled that it was a deliberate action to bring down a plane, even though the three found guilty had intended to shoot down a military not a civilian aircraft.
Igor Girkin,
the military leader of the so-called Donetsk People's Republic,
was convicted of deploying the missile and seeking Russian help
Sergei Dubinsky
was found to have ordered and overseen the transport of the Buk missile launcher
Leonid Kharchenko was found to have overseen the Buk, acting on Dubinsky's instructions.
Oleg Pulatov
was the only one of the four accused to have legal representation at the trial.
The judges acquitted him, although they found he knew about the missile.
De Russische president Poetin heeft toestemming gegeven voor de inzet van het wapen waarmee in 2014 vlucht MH17 is neergeschoten boven Oekraïne. Dit blijkt uit tapgesprekken die het internationale onderzoeksteam in handen heeft, melden verschillende nabestaanden aan de NOS
Vanochtend zijn nabestaanden geïnformeerd over de voortgang van het MH17-onderzoek. Zij kwamen bijeen in Den Haag, waar het onderzoeksteam ook een persconferentie geeft.
Hoewel er nieuwe informatie is over de rol van het Kremlin en over bemanningsleden die de bewuste Buk-raketinstallatie hebben bediend, is er te weinig bewijs om een nieuwe rechtszaak te beginnen. Het onderzoek wordt daarom voorlopig gestaakt, zeggen nabestaanden.
There are strong indications that Russian President Vladimir Putin decided to supply the missile that downed flight MH17 in 2014, international investigators say.
The aircraft was hit by a Russian-made missile over Ukraine, killing nearly 300 people.
Prosecutors said there was evidence that Mr Putin decided to provide the missile to Moscow-backed separatists.
There is no suggestion that Mr Putin ordered the aircraft be shot down.
The prosecutors said on Wednesday that they had exhausted all leads and could not continue with any more criminal proceedings.
In a statement, the Joint Investigation Team said the court ruled that Moscow had "overall control" over the Donetsk People's Republic, which controlled the area in July 2014.
It cited recorded telephone conversations where Russian officials said that the decision to provide military support "rests with the President".
"There is concrete information that the separatists' request was presented to the president, and that this request was granted," it said.
But it adds that is not known whether the request "explicitly mentions" the system used to shoot down MH17.
"Although we speak of strong indications, the high bar of complete and conclusive evidence is not reached," investigators said.
"Furthermore, the President enjoys immunity in his position as Head of State."
Piet Ploeg lost his brother, his brother's wife, and nephew on MH17. He said he was glad prosecutors had laid out their evidence for Mr Putin's involvement.
"We can't do a lot with it, Putin can't be prosecuted," he told Reuters. "We wanted to know who was ultimately responsible and that's clear."
Dutch Prime Minister Mark Rutte said it was a "bitter disappointment" that there was not enough evidence to warrant further prosecutions.
But he added the international team's announcement did not mean the criminal justice process was over.
"Since 2014, we have become all too familiar with the pattern of obstruction, untruths and injustice from Russia and its president, Putin. We will continue to call the Russian Federation to account for its role in this tragedy," Mr Rutte said.
Pro-war Russian nationalists led by one of the militants convicted
over the shooting down of flight MH17 have announced they are entering politics to save Russia.
Igor Girkin warned that Russia
was in danger of turmoil or even collapse because of military failures in the Ukraine war.
Russia to face Ukraine at UN court over downing of flight MH17
6 Jun 2023
Ukraine and Russia are scheduled to face off at the International Court of Justice (ICJ) –
the top United Nations court –
over Moscow’s support for pro-Russian forces blamed for “insurrection”
against the Ukrainian state and armed violence
that included the shooting down of Malaysian Airlines Flight MH17 in 2014, killing all 298 passengers and crew.
Judges at the ICJ in The Hague will hear Ukraine’s claim on Tuesday
that Moscow violated a UN anti-terrorism treaty by equipping and funding pro-Russian separatists,
who international investigators concluded
had used a Russian missile to shoot down the Malaysian jetliner over eastern Ukraine almost 10 years ago.
Lawyers for Ukraine will speak on Tuesday from 10am local time (08:00 GMT),
while Russia’s will address the court with a response on Thursday, the ICJ said in a statement.
Ukraine will then reply on June 12, and Russia on June 14.
Political support for exhibiting MH17 wreckage in memorial center
July 5, 2023 9:01 PM
Modified July 5, 2023 9:01 PM
The idea of housing the wreckage of flight MH17 in a memorial and documentation center
can count on the support of the House of Representatives.
Minister Wopke Hoekstra (Foreign Affairs) wants to look at the proposal with an 'open attitude'.
Stichting Vliegramp MH17 came up with the plan.
"I think that would be nice to watch," said Anne Kuik of the CDA during a debate about MH17.
D66, VVD, PvdA, GroenLinks and PVV also support the idea.
'Precious for relatives'
Chairman Piet Ploeg of Stichting Vliegramp MH17 hopes that such a memorial center
can come close to the National Monument in Vijfhuizen.
According to him, the wreck means a lot to the relatives.
"The wreck is the only place that comes close to the death of their loved ones.
We cannot go to the crash site.
So the wreck is very precious to many relatives."
Moreover, the downing of MH17 is a 'very important moment' in recent Dutch history.
Read also:
Justice for MH17 disaster is possible, but 'could take 20 years'
The wreckage is stored in Gilze-Rijen. They were transferred to the Netherlands at the end of 2014.
A reconstruction of the front part of the Malaysia Airlines aircraft was made for the investigation into the disaster.
Russian Buk missile
A Russian Buk system shot down the Boeing 777 on July 17, 2014.
That happened over eastern Ukraine where pro-Russian separatists fought against the government army.
The rebels received support from Russia.
Three suspects were convicted last year for involvement in the shooting down of the plane.
All 298 people on board, including 196 Dutch people, died in the disaster.
See also: The MH17 case dominated her life for years
Supreme Court/Hoge Raad te Den Haag reprimands judge for spreading conspiracy theory about MH17
The Supreme Court/Hoge Raad te Den Haag
has reprimanded a judge
for spreading conspiracy theories about the disaster with flight MH17.
The woman distributed a book with an "alternative scenario" written by her brother.
The case is exceptional: such a punishment is rarely imposed on a judge.
July 11, 2023, 2:18 PM
The woman, who works as a counselor at the court of The Hague,
tried in 2021 and 2022
to influence the then ongoing MH17 trial.
She distributed a book with an 'alternative scenario' for the disaster with flight MH17 at the court in The Hague,
where the mega trial against four suspects was being handled at the time.
She hoped that the book would reach the judges and prosecutors involved.
The book, written by her brother under a pseudonym,
states that the Public Prosecution Service
has conducted a careless investigation into the circumstances surrounding the MH17 disaster.
On July 17, 2014, all 298 people on board were killed.
According to the author, there was 'a cover-up',
and the plane was not shot down by a Russian missile.
The wrong suspects would also be tried in the criminal process.
The councilor shared her brother's conclusions.
In conversations, she called the MH17 trial "a big show trial",
in which there is "manipulation and lies".
She also wanted the MH17 prosecutors to be replaced.
Freedom of expression not unlimited
According to the so-called fourth chamber of the Supreme Court,
which is tasked with handling complaints against judicial officials,
a judge may express her or his opinion on social issues outside the courtroom.
But, according to the highest court, this freedom of expression is not unlimited.
Confidence in the authority and impartiality of the judiciary must not undermine a judge.
According to the fourth chamber, the justice did do that in this case,
she had 'unmistakably' the intention to influence the MH17 judges and prosecutors.
It rarely happens that judges and counselors are punished in this way,
according to a spokesman for the Supreme Court.
"A written reprimand may sound weak,
but judges really experience it as a severe punishment."
The justice has not been fired,
she can continue to do her job at the court of The Hague.
Three life sentences
The MH17 process was completed in November.
Then three suspects were sentenced to life imprisonment by the court in The Hague, a fourth was acquitted.
According to the judges, the three are responsible for the murder of all 298 occupants of the plane.
In 2014, the trio belonged to the top of the separatist army in eastern Ukraine.
They played a leading role in ordering, guarding and transporting the Russian missile installation that shot the plane out of the sky.
The European Court rules that the government can keep information about the MH17 run-up secret
LUXEMBOURG -
The government may keep certain information about the run-up to the flight MH17 disaster in Ukraine secret.
The European Court of Justice has ruled in favor of a case brought by RTL News.
Investigative journalists had asked what reports the Netherlands had received about Ukrainian airspace before the air disaster.
The government does not want to release those reports.
This is not necessary for information that affects aviation safety, the court ruled.
EU court: Cabinet may keep information about the run-up to the MH17 disaster secret
RTL News
Modified January 18, 2024 10:22 AM
The Dutch government is allowed to keep secret documents
that may contain information about the situation in the airspace above eastern Ukraine
in the run-up to the downing of MH17.
That is the - provisional - outcome of a legal procedure by RTL News.
The European Court of Justice in Luxembourg has just announced this .
The information is not subject to transparency rules that apply to the government. In other words, the government does not have to reveal them.
Long-term procedure
The ruling is part of a long-term procedure by RTL News
with the aim of providing insight into what was known within the government
about the (in)safety of Ukrainian airspace prior to the MH17 disaster.
For example, whether there has been a warning
about the presence of anti-aircraft guns in eastern Ukraine.
This procedure started in 2015 with an appeal to the Ministry of Infrastructure and the Environment
under the then Freedom of Information Act (Wob, now replaced by the Woo).
RTL Nieuws wanted to know more about reports in a European system called Eccairs.
Reports about incidents in the airspace are placed in this system.
The procedure ended up through a lawsuit at the Central Netherlands District Court
and an appeal at the Council of State to the European Court of Justice in Luxembourg.
The Council of State referred the case to the highest European court to - in short - check
whether RTL Nieuws' request falls under the Wob (or Woo) at all.
And the Court has therefore ruled that this is not the case.
The reason that the information must remain secret is
that pilots or airlines might otherwise be reluctant to report it.
That interest outweighs publicity, the European Court confirms.
Media can also obtain information in other ways, the judges add.
Judges at the top UN court on Jan 31 , 2024
found that Russia violated elements of a UN anti-terrorism treaty,
but declined to rule on allegations brought by Kyiv
that Moscow was responsible for the shooting down
of Malaysia Airlines flight MH17 over eastern Ukraine in 2014.
The court declined to rule on the downing of MH17,
saying violations of funding terrorism only applied to monetary and financial support,
not to supplying weapons or training alleged by Ukraine.
Ukraine had argued that in the case of MH17,
Russia supplied the missile system that shot down the aircraft,
but it had not alleged financial support in that instance.
In a hearing at the court in The Hague in June 2023,
Russia dismissed Ukraine’s allegations that it funded and controlled pro-Russian separatists in eastern Ukraine as fiction and “blatant lies”.
In the case, which has taken almost seven years,
Kyiv had accused Russia of equipping and funding pro-Russian forces,
including rebels who shot down MH17 in July 2014, killing all 298 passengers and crew.
In November 2022, a Dutch court sentenced
two Russians and a Ukrainian in absentia to life imprisonment for their role in the disaster.
The court’s judgments are final and without appeal but it has no way to enforce its rulings.
The Dutch government has spent more than €166 million dealing with the aftermath of the downing of Malaysia Airlines flight MH17 over eastern Ukraine in 2014, according to an official report Thursday.
The massive expense reflects the Netherlands' involvement in everything from repatriating victims' bodies to investigating and prosecuting some of those involved in the disaster.
According to the Netherlands Court of Audit, which calculated costs through the end of 2022, repatriating and identifying the bodies of those killed cost more than €31 million, while international legal proceedings and diplomacy accounted for €5.7 million.
But the domestic trial and the massive international investigation that preceded it cost a total of more than €87 million, the audit found.
Dutch gov't has spent over € 166 million on MH17 aftermath so far
The government asked the Court of Audit to inventory its expenditure
from the moment that a Russian BUK missile shot down
the Malaysia Airlines flight from Amsterdam to Kuala Lumpur over eastern Ukraine on 17 July 2014,
killing all 298 people on board the plane, including 196 Dutch.
The government wants to use the inventory in legal proceedings to hold Russia liable for all costs arising from the attack.
The wreckage of flight MH17 may be exhibited at a special information point about the crash.
They are currently still in a warehouse at Gilze-Rijen air base.
But if it is up to the MH17 Airplane Foundation, they will be released.
The foundation, which supports the relatives of victims,
wants the reconstruction of reassembled wreckage to ultimately be located in Vijfhuizen.
The MH17 monument is also located in that North Holland village and the MH17 commemoration takes place annually.
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