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regular-article-logo Tuesday, 23 April 2024

MH17 trial: 3 suspects convicted over role in 2014 crash

Dutch court has delivered its long-awaited verdict over the downing of Malaysia Airlines flight, the plane was blown out of the sky in July 2014 over eastern Ukraine, killing all 298 people on board

Published 17.11.22, 09:14 PM
The downed plane was partly reconstructed from the rubble, and in May 2021, members of the court and legal teams inspected the wreckage

The downed plane was partly reconstructed from the rubble, and in May 2021, members of the court and legal teams inspected the wreckage Deutsche Welle

The Hague District Court found three of the four main suspects guilty of murder on Thursday of taking part in the 2014 downing of Malaysian Airlines flight MH17. All three were sentenced to life in prison in absentia.

The fourth suspect was acquitted.

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Family members of people killed in the disaster gathered at the high-security courtroom at Schiphol Airport to hear the verdict. The ruling is also taking place amid a tense geopolitical backdrop of Russia's full-on invasion of Ukraine, which has resulted in nine-months of war.

None of the four suspects on trial are present for the proceedings, as they have not been arrested and are being tried in their absence. This means they are unlikely to serve any time in prison.

What did the court rule?

The Dutch judges convicted three men on murder charges over their roles in the downing of the Malaysia Airlines plane.

Two of the convicted are Russian, including Igor Girkin, the former "defense minister" of the self-declared "People's Republic of Donetsk." The 51-year-old is a former colonel in Russia's Federal Security Service (FSB), and is reportedly involved in Russia's current war in Ukraine.

The second Russian convicted was one of Girkin's subordinates, Major General Sergey Dubinsky.

The third person convicted is Ukrainian national, Leonid Kharchenko, who allegedly led a pro-Russian rebel combat unit and took orders directly from Dubinsky.

Girkin, Dubinsky and Kharchenko were subsequently sentenced to life in prison. The men remain fugitives and are believed to be in Russia, which is unlikely to extradite them.

All three have also been ordered to pay at least €16 million ($16.5 million) to the relatives of the victims.

The fourth suspect, Russian national Oleg Pulatov, was acquitted due to a lack of evidence.

In another significant development, the judges ruled that MH17 crashed due to being hit by a Russian-made missile that was fired from a field in eastern Ukraine. The ruling confirms the findings by international investigators.

The judges further found that Russia had "control" over separatists in eastern Ukraine in 2014.

How have Russia and Ukraine reacted?

Ukrainian President Volodymyr Zelenskyy praised the Dutch court decision as "important," but said that "those who ordered" the missile attack should also face trial.

"Punishment for all Russian atrocities — both present and past — will be unavoidable," Zelenskyy wrote on Twitter.

Russia acknowledged the proceedings, with Deputy Foreign Ministry Spokesman Ivan Nechaev telling reporters that Moscow would examine the court's findings.

"We will study this decision because in all these issues, every nuance matters," he said.

What happened to Flight MH17?

On July 17, 2014, Malaysia Airlines flight MH17 set off from Amsterdam en route to Kuala Lumpur.

The Boeing 777 plane then crashed in the Donbas region of eastern Ukraine, amid a conflict between pro-Russia rebels and Ukrainian forces. All of the 298 people on board were killed.

An international team of investigators — the so-called Joint Investigation Team (JIT) — concluded that the aircraft was hit by an anti-aircraft missile of the Soviet-era "BUK" type.

The investigation team said the missile was launched from an area of Donbas controlled by pro-Russian rebels. The missile system had been transported to the area from Russia and was taken back over the border shortly after the disaster.

The Netherlands launched a trial in March 2020 according to its own national laws after efforts failed to launch an international tribunal to deal with the case. The majority of the victims, 193 altogether, came from the Netherlands.

What were the suspects accused of?

Girkin, Dubinsky, Kharchenko and Pulatov were not accused of firing the missile themselves, but of working together to get the missile launcher to the field where it was fired.

All four have denied their guilt. Girkin, who at the time was one of the leading politicians in Donbas, remained in the public eye after withdrawing from the combat zone. In one interview, he said that he felt a "moral responsibility" for the death of the passengers.

None of the accused have been present for the proceedings. Prosecutors and suspects have two weeks to file an appeal against the Dutch ruling.

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