AMSTERDAM, Nov 17 (Reuters) – Dutch judges convicted two Russian males and a Ukrainian man in absentia of homicide for their function in the capturing down of Flight MH17 over Ukraine in 2014 with the loss of 298 passengers and crew, and handed them life sentences.
Ukraine welcomed the ruling, which could have implications for different court instances Kyiv has filed in opposition to Russia, whereas Moscow known as the ruling “scandalous” and stated it could not extradite its residents.
Malaysian Airlines Flight MH17 departed from Amsterdam and was sure for Kuala Lumpur when it was shot down over jap Ukraine on July 17, 2014, as preventing raged between pro-Russian separatists and Ukrainian forces, the precursor of this yr’s battle.
The ruling got here as a reduction to victims’ members of the family, greater than 200 of whom attended the court in particular person, wiping away tears because the judgement was learn.
“Only the most severe punishment is fitting to retaliate for what the suspects have done, which has caused so much suffering to so many victims and so many surviving relatives,” Presiding Judge Hendrik Steenhuis stated.
The three males convicted have been former Russian intelligence brokers Igor Girkin and Sergey Dubinskiy, and Leonid Kharchenko, a Ukrainian separatist chief.
The three have been all discovered to have helped to prepare the transport into Ukraine of the Russian army BUK missile system that was used to shoot down the aircraft, although they weren’t those that bodily pulled the set off.
They are fugitives and believed to be in Russia. A fourth former suspect, Russian Oleg Pulatov, was acquitted on all costs.
The incident in 2014 left the aircraft’s wreckage and victims’ stays scattered throughout fields of corn and sunflowers.
Russia invaded Ukraine in February and claims to have annexed the Donetsk province the place the aircraft was shot down.
“The families of victims wanted the truth and they wanted justice to be done and those responsible to be punished and that is what happened. I am pretty satisfied,” Piet Ploeg, who heads a basis representing victims, advised Reuters. Ploeg’s brother, his brother’s spouse and his nephew died on MH17.
Meryn O’Brien of Australia, who misplaced her 25-year outdated son Jack, stated she felt relieved. “Everyone was relieved the process has come to an end, and it is very fair, and it has been meticulous.”
“There’s no celebration,” stated Jordan Withers of Britain, whose uncle Glenn Thomas died. “Nothing is going to bring any of the victims back.” They got here from 10 totally different international locations.
The judgment included a 16 million euro damages award.
Ukrainian President Volodymyr Zelenskiy hailed the primary sentences handed down over MH17 as an “important decision” by the court in The Hague.
[1/6] Lawyers attend the judges’ inspection of the reconstruction of the MH17 wreckage, as half of the homicide trial forward of the start of a crucial stage, in Reijen, Netherlands, May 26, 2021. REUTERS/Piroschka van de Wouw/Pool
“But it is necessary that those who ordered it also end up in the dock because the feeling of impunity leads to new crimes,” he wrote on Twitter. “We have to dispel this illusion. Punishment for all Russian atrocities – both then and now – will be inevitable.”
The ruling discovered that Russia had “overall control” over the forces of the Donetsk People’s Republic in Eastern Ukraine from mid May 2014.
“This is groundbreaking,” stated Marieke de Hoon, assistant professor of worldwide legislation at Amsterdam University. The ruling was “authoritative” and would doubtless increase Ukraine’s different worldwide instances in opposition to Russia relating to the 2014 battle.
‘NO REASONABLE DOUBT’
Judge Steenhuis stated there was ample proof from eyewitness testimony and images which tracked the missile system’s actions into and again out of Ukraine to Russia.
“There is no reasonable doubt” that MH17 was shot down by a Russian missile system, Steenhuis stated.
Moscow denies any involvement or accountability for MH17’s downing and in 2014 it additionally denied any presence in Ukraine.
In a press release, the Russian overseas ministry stated “throughout the trial the court was under unprecedented pressure from Dutch politicians, prosecutors and the media to impose a politically motivated outcome”.
“We deeply regret that the District Court in The Hague disregarded the principles of impartial justice in favour of the current political situation, thus causing a serious reputational blow to the entire judicial system in the Netherlands,” it added.
Prosecutors had charged the 4 males with capturing down an airplane and with homicide in a trial held underneath Dutch legislation, as greater than half of the victims have been Dutch. Phone name intercepts that fashioned a key half of the proof urged the boys believed they have been concentrating on a Ukrainian fighter jet.
Steenhuis stated that, whereas that counted for one thing in phrases of lessening the severity of their prison accountability, they nonetheless had a murderous intent and the results of their actions have been large.
Of the suspects, solely Pulatov had pleaded not responsible through attorneys he employed to signify him. The others have been tried in absentia and none attended the trial.
The police investigation was led by the Netherlands, with participation from Ukraine, Malaysia, Australia and Belgium.
Thursday’s ruling will not be the ultimate phrase on holding folks accountable for MH17, Dutch and Australian authorities stated.
Andy Kraag, the top of the police investigation, stated analysis was persevering with into attainable suspects larger in the chain of command. Investigators are additionally trying on the crew of the missile system which launched the deadly rocket.
The Dutch and Australian governments, which maintain Russia accountable, have began a continuing in opposition to the Russian Federation on the International Civil Aviation Organization (ICAO).
Reporting by Toby Sterling, Stephanie van den Berg and Bart Meijer; Editing by Jon Boyle, Alex Richardson, Toby Chopra, Alexandra Hudson
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