MH17: A TRIAL BUT NOBODY IN THE DOCK
Hearings into jet downed over Ukraine to take place in Dutch court
The trial for those accused of involvement in the shooting down of a Malaysian Airlines flight in eastern Ukraine three years ago will be held in a Dutch court under Dutch law.
The Netherlands foreign ministry said yesterday that the trial venue for those implicated in the shooting of Flight MH17, in which all 298 people aboard were killed, was agreed on by the five countries that have been investigating.
Victims of the disaster, which occurred over territory held by pro-Russia separatists fighting Ukrainian government forces, came from 17 countries and in- cluded 196 Dutch citizens.
The Dutch Safety Board concluded in October 2015 that the plane was shot down by a Russian- made ground- to- air rocket.
Moscow denies involvement in the fighting in eastern Ukraine and that one of its rockets could have been used against MH17.
The decision follows attempts, blocked by Russia in 2015, to set up an international court over the incident. The extent to which Russia will co-operate with a Dutch court, if Russians are charged, is not clear.
The international investigators, who include Australians, Belgians, Malaysians and Ukrainians, concluded in September that the rocket was fired from territory held by pro-Russia separatists.
No suspects have been named, although Fred Westerbeke, the Netherlands’ chief prosecutor, said last year that his office has identified 100 “persons of interest” in the in- vestigation, including those who organised the arrival of the rocket and oversaw its transport from Russia to Ukraine and back.
Wim de Bruin, the spokesman for the Netherlands’ national prosecutor’s office, said that list has since been further refined but prosecutors were not close to any indictment.
Bert Koenders, the Dutch foreign minister, said yesterday that the five investigating countries would continue to co-operate during the prosecution.
“This co- operation is vital given the complexity of this case,” he said. “Flight MH17 was downed in a conflict zone, which was the scene of heavy fighting and which is still difficult to access. We’re still seeing a great deal of misinformation and attempts to discredit the investigation.”
Russia has suggested different theories to explain the tragedy, including that Ukraine was responsible.
The Netherlands-led investigative team said in February it was impossible to establish the authenticity of radar images released by Russia last year in a non-standard format, two years
We’re still seeing a great deal of misinformation and attempts to discredit the investigation
after they had been requested.
Malcolm Turnbull, the Australian prime minister, said that his government had “full confidence” in the Dutch legal system and urged other states to co-operate, as required by a UN Security Council resolution. Thirty-eight Australians died in the crash. “While we cannot take away the grief of those who lost their loved ones because of this atrocious act, we are committed to holding the perpetrators to account and achieving justice for all the victims,” he said.
Tjibbe Joustra, who led the Dutch Safety Board investigation, said: “I don't see anybody going to jail quickly but I think the truth will come out.”
He said some trials might have to be held in the accused’s absence.