MALAYSIA, UKRAINE TO INK MH17 PAPERS
Document to detail steps to be taken by probe team to prosecute those behind tragedy
MALAYSIA and Ukraine are expected to ink a document in relation to the downing of Malaysia Airlines Flight MH17 this week.
Ukrainian ambassador to Malaysia Olexander Nechytaylo said the signing of the important document would take place at the United Nations Headquarters in New York.
“As joint investigation team (JIT) members, we expect the foreign ministers of Malaysia and Ukraine to sign the document, which will detail the further steps to be taken by the JIT to prosecute those behind the tragic incident,” he said.
On July 17, 2014, the Boeing B777, flying from Amsterdam to Kuala Lumpur, was shot down over Donetsk in eastern Ukraine, killing all 298 passengers and crew members onboard.
“Ukraine remains committed with Malaysia to get to the bottom of the matter. We believe it is important to make sure all legal steps are being taken” he said yesterday.
He added that in Ukraine, they had defined the incident as a terrorist attack because it was a deliberate attack on a civilian aircraft.
Nechytaylo said it was important to concentrate on collecting the evidence that would be admissible in court.
On why the prosecution was taking place in the Netherlands, he said this was because the Dutch was leading the investigation team and the country had the largest number of victims on the plane, as well as the Dutch legislation being the best when it came to prosecuting perpetrators.
“In 2015, Ukraine, Malaysia and other JIT members initiated the resolution of the UN Security Council. At that time, Malaysia and Ukraine were members of the Security Council.
“However, the Russian federation vetoed that attempt and, therefore, we decided to use the (Dutch) national legislation.”
He cited the example of Bosnian
Serb politician Radovan Karadzic being convicted as a war criminal despite the obstacles faced by international prosecutors.
“In the beginning of the 1990s, nobody believed that Radovan Karadzic, for his crime in Bosnia, could be brought to jail. However, things changed and he ended up in prison for genocide and crimes (during the Bosnian war).
“So, it’s a matter of time. Once you have the legal mechanism in place, the perpetrator will be brought to justice,” said Nechytaylo.
On July 7, Dutch Security and Justice Minister Stef Blok and Ukrainian Justice Minister Pavlo Petrenko signed a bilateral treaty on international legal cooperation in relation to MH17.
According to a statement issued by the Dutch government, the treaty provided that those suspected of downing flight MH17 could be prosecuted in the Netherlands in respect of all 298 victims.
“This means that all next of kin will have the same rights in the Dutch criminal proceedings,” it said.
Other JIT members expected to sign the document this week are Australia, Belgium, Ukraine and the Netherlands.
In July, Malaysia had indicated that Malaysia intended to participate as an observer in the prosecution.
Transport Minister Datuk Seri Liow Tiong Lai reportedly said the matter was subject to a further discussion with the Dutch public prosecutor and other countries represented in the JIT.