After more than two and a half years, the criminal proceedings concerning the downing of flight MH17 over eastern Ukraine will come to an end. All occupants were killed in the plane crash: 283 passengers and 15 crew members. Among them 50 people from Brabant. The four men on trial have been sentenced to life imprisonment. The court will issue its verdict on November 17.
Malaysia Airlines flight MH17 was en route from Schiphol to Kuala Lumpur on 17 July 2014. Due to overbooking and because passengers with a transfer arrived later at the gate at Schiphol, the flight departed 13 minutes later than planned. At around 3.40 pm Ukrainian time, three hours after departure, MH17 was shot down over eastern Ukraine.
What has been studied?
Because there are so many Dutch victims, the Netherlands will be in charge of the international investigation into the cause of the plane crash. This was carried out by the Dutch Safety Board. The investigation revealed that the aircraft was shot out of the air at a height of 10 kilometers by a BUK missile. The research council only looks at aviation safety and makes no statements about guilt or liability.
A Joint Investigations Team (JIT) was set up on 7 August 2014 at the request of the Netherlands, Australia, Belgium and Ukraine. The ultimate goal of the JIT is to track down and prosecute those responsible for the downing of the aircraft.
‘Indisputably proven’
After years of investigation, the JIT says it has indisputable evidence that flight MH17 was indeed shot down by a BUK missile. According to the researchers, the missile and its launch system were brought in from Russia. They rely on tapped telephone conversations, witness statements, videos and photos of the transport. According to Russia, that is not true. Incidentally, the Russians do not recognize the court in the Netherlands anyway.
On June 19, 2019, the JIT announced that it has issued arrest warrants for four men suspected of the downing of flight MH17 and the murder of the 298 people on board. The suspects have been placed on all international search lists, but have not yet appeared in court. Only one suspect is assisted by both Russian and Dutch lawyers.
Igor Girkin
Girkin is the defense minister of the separatist-occupied areas in eastern Ukraine. As commander of the rebels, he was in charge of the troops that allegedly shot down MH-17. Girkin was also the first to send a ‘victory message’ to the world after the plane crashed.
Sergei Dubinsky
He is the chief of military intelligence in the area. Doebinski is said to have brought the BUK missile to the area. His name can also be heard in wiretapped telephone conversations talking about the BUK.
Oleg Pulatov
Pulatov is Dubinsky’s assistant in eastern Ukraine and responsible for transporting the BUK missile to the launch site. Overheard conversations show that he was close to the missile when it was fired. Pulatov is the only one of the four suspects to be assisted by a lawyer. The other suspects completely ignore the trial.
Leonid Chartchenko
The only non-Russian in the party. Kkhchenko is a Ukrainian, with no military background. He joins the pro-Russian rebels and soon becomes commander. He would also be responsible for the transport of the BUK missile and also returned the installation. It was Chartchenko who reported to Dubinsky after the attack that a ‘Ukrainian fighter plane’ had been shot down.
Bart and Jeanne Hornikx lost their only daughter in the disaster. Text continues below the video.
Court of Human Rights
On 10 July 2020, the Netherlands also referred Russia to the European Court of Human Rights. This will allow the Netherlands to put more pressure on Russia, which has been frustrating the investigation and trial of the suspects for years. With this step, the Netherlands wants to support the complaints of a group of 380 relatives, who have already filed a case against Russia at the European Court. The idea is that with this step, the Netherlands is also trying to hold Russia responsible for the disaster by other legal means.
Whether the suspects, if convicted, will ever end up behind bars remains to be seen. Russia refuses to extradite the suspects to the Netherlands. They have also previously indicated that they will not come to the Netherlands for the trial. It is still unclear whether that will be different for Girkin, if he can be caught in Ukraine.
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