Eight years after the fatal flight MH17 of Malaysia Airlines, tomorrow, Thursday, the verdict of the competent court is expected.
On Thursday, the Dutch court’s verdict on its demolition is expected Boeing of Malaysian Airlines in Ukraine in 2014. The defendants are being tried in absentia.
Eight years have passed since the tragic event. On 17 July 2014 a Malaysia Airlines Boeing 777 had taken off from Amsterdam Schiphol International Airport bound for Kuala Lumpur, but went down and crashed under undisclosed circumstances in Eastern Ukraine, drifting into death their 298 passengers. The fatal flight MH17 to the Malaysian capital never made it.
No one has since claimed responsibility for the downing of the aircraft. Some countries, including the Netherlands and Australia, had called for the case to be heard by an international tribunal, preferably under the auspices of the United Nations. But this did not happen, as the Russian veto in the UN Security Council would prevent a meaningful discussion. Ultimately the Dutch government decided to refer the matter to a national court, citing its national law, as most of the victims (193) were Dutch citizens.
The tracks lead to Russia
In a first attempt to provide answers, a team of investigators (JIT) involving five countries (Netherlands, Belgium, Malaysia, Australia and Ukraine) concluded that the plane had been attacked by a Soviet-made BUK anti-aircraft missile from the sector of the area of Donbas, which at that time was already under the control of pro-Russian separatists. The Buk anti-aircraft system is believed to have been brought to the region from Russia, where it returned after the attack on the Malaysia Airlines Boeing.
A representative of the JIT team states that the investigations were based mainly on the statements of witnesses who had witnessed the launch of the missile. Findings were also used, such as some remains of the missile, but also of the aircraft, satellite images, as well as photos or video clips from the transfer of the Russian anti-aircraft system to the Donbas region. In addition, telephone conversations between the suspects were recorded, which were partially released by the investigative team.
The beginning of the trial and the hearing
The trial at the court in The Hague began on March 9, 2020. Due to increased public interest, the hearings were moved to a larger room near Schiphol Airport and are being broadcast live over the internet. The dock remains empty as Russia does not extradite its citizens, and the sole Ukrainian defendant is also believed to have acquired a Russian passport. Only one of the defendants, Russian Oleg Pulatov, is represented by his lawyers in court. He has pleaded not guilty, but the tapes of the phone conversations, which have been broadcast by Dutch media, seem to weigh on his case.
It is speculated that the court’s decision will be a conviction. The Prosecutor’s Office has presented evidence that, if nothing else, proves their involvement in the transfer of the Russian anti-aircraft system to Ukraine. The Kremlin disclaims any responsibility for the incident. In the past, the Russian authorities, with the help of the state media, had presented various and rather contradictory versions of the tragic end of flight MH17.
Appeal to the European Court of Human Rights
It will not be the last legal confrontation over the tragic event. A total of 380 relatives of victims of flight MH17 are taking part in two class actions at the European Court of Human Rights in Strasbourg. They are asking to be compensated with at least 6.4 million euros for each of the victims. Their advocate, in one of the appeals, is the American Jerry Skinner, who became known from a similar trial for the air tragedy in Lockerbie, Scotland in 1988. Of course, Russia left the Council of Europe in March and therefore does not recognize the jurisdiction of Strasbourg, but this apparently does not apply to cases which had started before March.
Additionally, in March Australia and the Netherlands jointly appealed the same case against Russia to the International Civil Aviation Organization (ICAO). However, there is no shortage of appeals against Ukraine at the European Court of Human Rights. Four plaintiffs hold the Kiev government jointly responsible because, they claim, it had failed to ban flights over “disputed areas” in eastern Ukraine. In fact, flights were banned, but only up to 8,000 meters. The fact that Russia banned flights up to 16,000 meters just hours before the fatal Boeing crash is seen as a sign of complicity in the air tragedy.
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With a wealth of experience honed over 4+ years in journalism, I bring a seasoned voice to the world of news. Currently, I work as a freelance writer and editor, always seeking new opportunities to tell compelling stories in the field of world news.
