This Monday, the MH17 process focused extensively on the war in Ukraine. However, all parties to the proceedings emphasized the importance of continuing the case as planned.
In the coming weeks, the MH17 case will be dominated by the defense of the Russian Oleg Poelatov, one of the four suspects against whom a life sentence has been demanded for his involvement in the downing of flight MH17 in 2014. Before lawyers Sabine ten Doesschate and Boudewijn van Eijck started their plea, the various parties in the process made a short statement.
Court president Hendrik Steenhuis wondered whether it is “still appropriate under these circumstances to continue the case.” The court’s answer to that question is a resounding ‘yes’, Steenhuis said. The court chairman emphasized that the MH17 trial is being conducted against four individual suspects (three Russians and one Ukrainian) and not against the Russian state. Steenhuis did recognize that the Russian invasion of Ukraine can influence “how this criminal case is viewed from the outside”, especially in the phase when the defense is speaking. The court therefore wants to “give in to” that the suspect in a criminal trial also has the opportunity to put forward his views.
Right now it is tangible how important it is that we live in a democratic constitutional state
Lawyer Sabine ten Doesschate said in a short statement that the lawyers also condemn the violence in Ukraine and distance themselves from it: “Our hearts go out to the victims and to all other people who are unwittingly affected by this war.” The lawyers thought long and hard about whether to put down the defense, but decided against it. “It is precisely now that we can feel how important it is that we live in a democratic constitutional state,” said Ten Doesschate. “If we were to lay down the defense now because rights are being violated in other parts of the world, we would bow to such violations.”
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Last December, the Public Prosecution Service demanded life imprisonment against Oleg Pulatov and three co-defendants for their involvement in the downing of flight MH17 over eastern Ukraine on July 17, 2014. All 298 on board, including 196 Dutch, were killed. A total of twelve hearing days have been set aside for conducting the plea.