MH 17: Quest for Truth

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MH 17: Quest for Truth All 283 passengers and 15 crew were killed.

Malaysia Airlines Flight 17 (MH17) was a scheduled passenger flight from Amsterdam to Kuala Lumpur that went down on 17 July 2014 while flying over eastern Ukraine.

๐ƒ๐ฎ๐ญ๐œ๐ก ๐จ๐Ÿ๐Ÿ๐ข๐œ๐ข๐š๐ฅ๐ฌ ๐ฆ๐จ๐ง๐ข๐ญ๐จ๐ซ๐ข๐ง๐  ๐‚๐จ๐ฏ๐ข๐-๐Ÿ๐Ÿ— ๐ฌ๐ข๐ญ๐ฎ๐š๐ญ๐ข๐จ๐ง ๐ฐ๐ข๐ญ๐ก ๐Œ๐‡๐Ÿ๐Ÿ• ๐ญ๐ซ๐ข๐š๐ฅ ๐ฅ๐จ๐จ๐ฆ๐ข๐ง๐ The Dutch judiciary expects the Malaysia Airlines F...
07/03/2020

๐ƒ๐ฎ๐ญ๐œ๐ก ๐จ๐Ÿ๐Ÿ๐ข๐œ๐ข๐š๐ฅ๐ฌ ๐ฆ๐จ๐ง๐ข๐ญ๐จ๐ซ๐ข๐ง๐  ๐‚๐จ๐ฏ๐ข๐-๐Ÿ๐Ÿ— ๐ฌ๐ข๐ญ๐ฎ๐š๐ญ๐ข๐จ๐ง ๐ฐ๐ข๐ญ๐ก ๐Œ๐‡๐Ÿ๐Ÿ• ๐ญ๐ซ๐ข๐š๐ฅ ๐ฅ๐จ๐จ๐ฆ๐ข๐ง๐ 

The Dutch judiciary expects the Malaysia Airlines Flight 17 (MH17) trial on Monday to go on as planned despite a spike in the number of Covid-19 cases here recently.

District Court Press Judge Yolande Wijnnobel said the judiciary will be monitoring the latest developments on the outbreak of the virus in collaboration with the health authorities.

โ€œWeโ€™re keeping a close eye on that. We have the RIVN (Dutch National Institute for Public Health and the Environment) here, which is following the developments and making recommendations, which we are applying.

โ€œSo if there are any developments, we will inform you or we will put it on our website. But right now, itโ€™s business as usual, the case will proceed as planned,โ€ she told reporters at Schiphol Judicial Complexโ€™s press centre yesterday.

Officials had earlier this week advised people to skip the MH17 hearings if they were showing symptoms of Covid-19 and had recently travelled to areas where the illness has spread.

Hundreds of relatives of the victims and journalists have registered to attend the hearings at a special high-security courtroom near Schiphol airport. The proceedings will be broadcast by video stream.

The Netherlands recorded its first death from Covid-19 yesterday, involving an 86-year-old man from Hoeksche Waard who had tested positive for the virus on Tuesday.

Forty-six new confirmed cases in the Netherlands took the cumulative number of positive Covid-19 patients in the country to 128 as of Friday night, a sharp increase from 24 cases just last Tuesday.

MH17 was shot down with a Russian-made surface-to-air missile over eastern Ukraine in 2014, killing all 298 passengers and crew.

Four suspects โ€“ three Russians and a Ukrainian โ€“ have been named. One of them is set to be represented by two Dutch lawyers while the other three are expected to be tried in absentia.

See:https://www.freemalaysiatoday.com/category/nation/2020/03/07/dutch-officials-monitoring-covid-19-situation-with-mh17-trial-looming/

The Netherlands recorded its first death from Covid-19 yesterday as 46 new confirmed cases take the cumulative number to 128.

๐Ÿ“ ๐ค๐ž๐ฒ ๐ช๐ฎ๐ž๐ฌ๐ญ๐ข๐จ๐ง๐ฌ ๐š๐›๐จ๐ฎ๐ญ ๐Œ๐‡๐Ÿ๐Ÿ• ๐ญ๐ซ๐ข๐š๐ฅFour suspects are to go on trial in the Netherlands next week accused of playing a role ...
07/03/2020

๐Ÿ“ ๐ค๐ž๐ฒ ๐ช๐ฎ๐ž๐ฌ๐ญ๐ข๐จ๐ง๐ฌ ๐š๐›๐จ๐ฎ๐ญ ๐Œ๐‡๐Ÿ๐Ÿ• ๐ญ๐ซ๐ข๐š๐ฅ

Four suspects are to go on trial in the Netherlands next week accused of playing a role in downing Malaysia Airlines flight MH17 over Ukraine on July 17, 2014.

All 298 passengers and crew onboard the Boeing 777 jet died in the crash, which international investigators said was caused by a Russian-made BUK surface-to-air missile.

Here are five key questions about the trial:

Who is on trial?

Three Russians โ€” Igor Girkin, Sergei Dubinsky and Oleg Pulatov, and a Ukrainian, Leonid Kharchenko โ€” are on trial. All have been linked to separatist rebels in eastern Ukraine.

Girkin, 49, also known by his pseudonym โ€œStrelkovโ€, is a former Russian spy and a historical re-enactment enthusiast who helped kickstart the war in eastern Ukraine and ruled part of its territory with an iron fist.

Dubinsky, 57, is a former Russian military intelligence officer who also served as military intelligence chief for the separatists.

Pulatov, 53, is a former Russian special forces officer who served as Dubinskyโ€™s deputy.

Kharchenko, 48, also known as โ€œKrotโ€, allegedly commanded a separatist combat unit and is accused of securing the missile launcher.

What are they accused of?

They are charged with murder and deliberately and unlawfully destroying an aeroplane, leading to the deaths of the 298 people on board.

The four suspects โ€œclosely worked together to obtain the BUK missile and set it up with the aim to shoot down a planeโ€, according to Dutch prosecutors.

Under international law, the men are accused of being โ€œco-perpetratorsโ€, which does not mean they physically pushed the button but rather that their deliberate actions enabled MH17 to be shot down, said Marieke de Hoon of Vrije Universiteit in Amsterdam.

If found guilty, sentences can range from 30 years to life as well as a fine of up to โ‚ฌ87,000 (RM403,070).

Will the accused show up?

Russia and Ukraine do not extradite their citizens, so none of the four suspects is expected to show up for the trial.

Only Pulatov has appointed a Dutch law firm to represent him, according to media reports.

The trial, however, is being conducted under a combination of Dutch and international law, which enables the suspects to be tried in absentia.

โ€œThe Dutch legal system is respected and acts with some authority. It has gone through a lot of judicial scrutiny,โ€ said De Hoon.

Will the families be there?

Yes. Relatives of the victims are expected to play an active role from the start, being present in the courtroom and able to watch proceedings at a secure location away from the media.

Relatives will also be asked later in the trial if they would like to make representations as well as eventually asking the court to award compensation.

Why is the trial in the Netherlands?

The trial takes place at The Hague District Courtโ€™s high-security facility next to Schiphol international airport โ€” a stoneโ€™s throw from where the ill-fated flight took off.

The trial is taking place in The Netherlands largely because the plane to Kuala Lumpur left from Schiphol and 196 of the passengers were Dutch.

The Netherlands also took the lead in the subsequent Joint Investigative Team (JIT), which also involved Australia, Belgium, Malaysia and Ukraine.

The trial will be conducted in Dutch, with translations available in English.

See:https://www.freemalaysiatoday.com/category/nation/2020/03/05/5-key-questions-about-mh17-trial/

None of the 4 suspects is expected to show up for the trial as Russia and Ukraine do not extradite their citizens.

๐ƒ๐ฎ๐ญ๐œ๐ก ๐Œ๐‡๐Ÿ๐Ÿ• ๐ญ๐ซ๐ข๐š๐ฅ ๐ญ๐จ ๐ฌ๐ญ๐š๐ซ๐ญ ๐ฐ๐ข๐ญ๐ก๐จ๐ฎ๐ญ ๐‘๐ฎ๐ฌ๐ฌ๐ข๐š๐ง, ๐”๐ค๐ซ๐š๐ข๐ง๐ข๐š๐ง ๐ฌ๐ฎ๐ฌ๐ฉ๐ž๐œ๐ญ๐ฌFour fugitive suspects go on trial in the Netherlands on Mo...
07/03/2020

๐ƒ๐ฎ๐ญ๐œ๐ก ๐Œ๐‡๐Ÿ๐Ÿ• ๐ญ๐ซ๐ข๐š๐ฅ ๐ญ๐จ ๐ฌ๐ญ๐š๐ซ๐ญ ๐ฐ๐ข๐ญ๐ก๐จ๐ฎ๐ญ ๐‘๐ฎ๐ฌ๐ฌ๐ข๐š๐ง, ๐”๐ค๐ซ๐š๐ข๐ง๐ข๐š๐ง ๐ฌ๐ฎ๐ฌ๐ฉ๐ž๐œ๐ญ๐ฌ

Four fugitive suspects go on trial in the Netherlands on Monday charged with the murder of 298 passengers and crew aboard Malaysia Airlines Flight 17 which was shot down with a Russian-made missile over eastern Ukraine in July 2014.

Wreckage of the Boeing 777 fell to the ground in fields surrounding the Ukrainian village of Hrabove in territory held by pro-Russian separatists fighting Ukrainian government forces.

The jet was flying from Amsterdam to Kuala Lumpur when it was hit by a surface-to-air missile. There were no survivors.

Arrest warrants were issued last year for three Russians and a Ukrainian who were identified by a Dutch-led Joint Investigation Team (JIT) which spent several years collecting evidence to identify those behind the attack.

The four, Russians Sergey Dubinsky, Oleg Pulatov and Igor Girkin, and Ukrainian Leonid Kharchenko, had senior positions in the pro-Russian militias in eastern Ukraine in 2014. The JIT said they had not pulled the trigger, but colluded to carry out the attack.

Girkin, a vocal and battle-hardened Russian nationalist, was minister of defence in the self-declared Donetsk Peopleโ€™s Republic (DNR) in Ukraine. Dubinsky, Pulatov and Kharchenko were members of the separatistsโ€™ military intelligence unit.

The defendants are at large and are not expected to show up for the hearings at a high-security courtroom near Amsterdamโ€™s Schiphol airport where they will be prosecuted under Dutch law.

If they donโ€™t appear, or fail to send lawyers, the judges could rule that the trial be held in absentia.

In addition to charges for the deaths, they also face preliminary allegations of obtaining a missile launcher with the intent to bring down an aircraft.

Russia has consistently denied any involvement or providing financial or military support to pro-Russian rebels in Ukraine.

President Vladimir Putinโ€™s spokesman, Dmitry Peskov, said the Kremlin would wait to see how the trial panned out before commenting, but added that Russia had always had doubts about the objectivity of the Dutch-led investigation.

The JIT includes judicial authorities from Australia, Malaysia, Belgium and Ukraine, in addition to Dutch police and prosecutors.

The aircraftโ€™s downing led to sanctions against Moscow by the European Union. It also heightened political tension between Russia and Western powers who blame it for the disaster, which killed 193 Dutch, 43 Malaysian and 27 Australian nationals, among others.

The largest criminal investigation in Dutch history painstakingly reconstructed the events leading up to and on July 17, 2014. Police and prosecutors examined tens of thousands of pieces of evidence, including videos, communication taps, satellite imagery, photos and social media posts.

Among the evidence are images plotting the missile launcherโ€™s journey as it crossed into Ukraine ahead of the disaster. A reconstruction presented by prosecutors showed it returning to Russia a day later with one fewer missiles.

Intercepts released in November by the JIT showed that two of the suspects had been in contact with Vladislav Surkov, a senior Putin aide, and Sergey Aksyonov, a Russian-appointed leader in Russian-annexed Crimea., it said.

The communications between the DNR militant leaders and Russian government officials โ€œraise questions about their possible involvement in the deployment of the (missile), which brought down flight MH17โ€, the JIT said.

Two weeks have been scheduled for the first proceedings, which could be largely procedural. The trial is expected to run through 2020 and may be longer in the event of delays.

The JIT concluded in May 2018 that the missile launcher โ€œthat took down flight MH17 belonged to the 53rd Anti-Aircraft Missile Brigade of the Russian Federationโ€. It was based at the Kursk military base, just across the Ukrainian border, it said.

The Russian Defence Ministry said at the time that โ€œnot a single air defence missile launcher of the Russian Armed Forces has ever crossed the Russian-Ukrainian borderโ€.

See:https://www.malaysiakini.com/news/513566

The four defendants are at large and are not expected to show up for the hearings.

๐–๐ก๐ฒ ๐ข๐ฌ ๐ญ๐ก๐ž ๐Œ๐‡๐Ÿ๐Ÿ• ๐ญ๐ซ๐ข๐š๐ฅ ๐ข๐ง ๐ญ๐ก๐ž ๐๐ž๐ญ๐ก๐ž๐ซ๐ฅ๐š๐ง๐๐ฌ?The first hearing in the criminal trial of four men accused of murder for their...
07/03/2020

๐–๐ก๐ฒ ๐ข๐ฌ ๐ญ๐ก๐ž ๐Œ๐‡๐Ÿ๐Ÿ• ๐ญ๐ซ๐ข๐š๐ฅ ๐ข๐ง ๐ญ๐ก๐ž ๐๐ž๐ญ๐ก๐ž๐ซ๐ฅ๐š๐ง๐๐ฌ?

The first hearing in the criminal trial of four men accused of murder for their roles in the 2014 downing of Malaysia Airlines Flight 17 in Ukraine is due to start in the Netherlands on Monday:

What happened?

MH17 was flying from Amsterdam to Kuala Lumpur on July 17, 2014 over an area where Ukrainian government forces were fighting Russian-backed rebels. Prosecutors say the plane was shot down by a surface-to-air missile fired from rebel-held territory. All 298 passengers and crew were killed, 198 of them Dutch citizens. The Netherlands and Australia have said they hold Russia responsible as it supplied the missile system used to shoot down the plane. Moscow denies involvement.

Why is the trial in the Netherlands?

In August 2014, the Netherlands, Ukraine, Malaysia, Australia and Belgium set up a joint team to investigate possible criminal wrongdoing in the planeโ€™s downing. In 2017, the countries agreed that prosecutions would take place in the Netherlands under Dutch law.

What is alleged?

Prosecutors say the missile system that brought down the plane came from the Russian 53rd Anti-Aircraft Brigade, based in the Russian city of Kursk. Moscow denies this. The suspects are charged with โ€œcausing flight MH17 to crash, with the death of all aboardโ€ and with the murder of 298 people.

Who are the defendants?

In June 2019, prosecutors named a first group of suspects: Russians Sergey Dubinsky, Oleg Pulatov and Igor Girkin, and Ukrainian Leonid Kharchenko. Prosecutors have identified them as having participated in arranging and delivering the missile system that brought down the plane.

Who will show up in court?

That is not clear. Although the Netherlands has issued an international arrest warrant for the suspects, believed to be in Russia, Russia will not cooperate with the court or extradite its subjects. It is possible that the suspects have hired lawyers or intend to participate in the hearings by video link. Victimsโ€™ representatives are expected to attend.

How will the trial work?

That depends on how the suspects choose to conduct their defence. If they have appointed lawyers, the trial may proceed with or without the suspects present. If they do not turn up and have not appointed lawyers, under Dutch law they can be tried in absentia and judges would appoint a lawyer to safeguard their interests.

What is the possible outcome?

Mass murder could carry a sentence of up to life in prison. If the suspects are convicted and sentenced in absentia, without participating in the trial, they would have a chance for a retrial if they ever came into Dutch custody.

What happens in court?

The court has set aside two weeks in the first round of hearings for prosecutors to outline progress in their investigation and to check whether additional evidence or witness interviews are needed, and to address other procedural issues. The court will then either set a date for further hearings or schedule opening statements, likely not until late this year.

Where is this happening?

The hearings are taking place at the Hague District Court, with sessions located at a high-security courthouse next to Amsterdamโ€™s Schiphol airport.

See:https://www.malaysiakini.com/news/513634

Factbox: Four on trial over shooting down of flight MH17 in Ukraine.

๐Œ๐‡๐Ÿ๐Ÿ• ๐Ÿ๐š๐ฆ๐ข๐ฅ๐ข๐ž๐ฌ ๐ก๐จ๐ฉ๐ž ๐ญ๐ซ๐ฎ๐ญ๐ก ๐ž๐ฆ๐ž๐ซ๐ ๐ž๐ฌ ๐Ÿ๐ซ๐จ๐ฆ ๐ฎ๐ง๐ฉ๐ซ๐ž๐œ๐ž๐๐ž๐ง๐ญ๐ž๐ ๐ญ๐ซ๐ข๐š๐ฅUnited by grief across oceans and continents, families who lost...
07/03/2020

๐Œ๐‡๐Ÿ๐Ÿ• ๐Ÿ๐š๐ฆ๐ข๐ฅ๐ข๐ž๐ฌ ๐ก๐จ๐ฉ๐ž ๐ญ๐ซ๐ฎ๐ญ๐ก ๐ž๐ฆ๐ž๐ซ๐ ๐ž๐ฌ ๐Ÿ๐ซ๐จ๐ฆ ๐ฎ๐ง๐ฉ๐ซ๐ž๐œ๐ž๐๐ž๐ง๐ญ๐ž๐ ๐ญ๐ซ๐ข๐š๐ฅ

United by grief across oceans and continents, families who lost loved ones when Malaysia Airlines Flight 17 was shot down in 2014 hope that a trial starting next week will finally deliver something that has remained elusive ever since: The truth.

A trial starts Monday (March 9) in the Netherlands for three Russians linked to their countryโ€™s security and intelligence services and a Ukrainian rebel commander.

They are accused of mass murder for their alleged roles in shooting down the Boeing 777 on July 17,2014, as it passed over conflict-torn eastern Ukraine, killing all 298 passengers and crew.

For the families of the victims, the trial is the latest development in a constant stream of news since they received devastating phone calls telling them that their loved ones had been killed.

Silene Fredriksz-Hoogzandโ€™s life as she knew it ended that summer day.

Her son Bryce and his girlfriend Daisy were killed when a missile fired from territory controlled by pro-Russian rebels tore the passenger jet apart, sending wreckage and bodies raining down onto fields of sunflowers in eastern Ukraine.

The debris field spread across some 50 sq km (20 square miles). "It never will return to normal, โ€ Fredriksz-Hoogzand said. "There's a life before and a life after."

Pictures and mementos of the young couple still adorn the walls of the house in Rotterdam where they lived with Fredriksz-Hoogzand and her husband, Rob. The coupleโ€™s bedroom remains as it was the day they left, heading for a holiday in Indonesia.

On Monday, they will head to a conference centre to watch the trial proceedings with other relatives from around the world. The actual courtroom is close to Amsterdamโ€™s Schiphol Airport where the flight known as MH17 had taken off, heading for Kuala Lumpur in Malaysia.

The suspects most likely will stay away and be tried in absentia under Dutch law.

The scale of the trial is unprecedented in Dutch law, said Marieke de Hoon, an assistant professor of international law at Vrije University Amsterdam.

The international investigation and prosecution are taking place in the Netherlands because most of the victims - 193 people - were Dutch.

"We've never seen anything like this in the Dutch system, it is huge, โ€ she said. There are so many victims, there are so many victimsโ€™ relatives, and they all have the right also to be part of the proceedings - to speak, to claim damages if there is a guilty verdict.โ€

Neither Russia nor Ukraine extradites its citizens. Russia has consistently denied involvement in the downing, even after prosecutors alleged that the Buk missile system which destroyed the passenger plane was transported into Ukraine from the Russian 53rd Anti-Aircraft Missile Brigadeโ€™s base in Kursk and the launching system was then returned to Russia.

That announcement led the Netherlands and Australia to declare that they are holding Russia legally responsible for the downing.

After a painstaking investigation spanning years, an international team of investigators and prosecutors last year named four suspects: Russians Igor Girkin, Sergey Dubinskiy and Oleg Pulatov as well as Ukrainian Leonid Kharchenko.

More suspects could face charges as the investigations continue. Key questions remain over who authorised the missileโ€™s movement and who fired the Buk that brought down MH17. It remains to be seen whether the trial, expected to last months, will provide all the answers.

"My expectations are very low, โ€ Fredriksz-Hoogzand said in her home. "But what we want is to know the truth. What happened, and how? What were they thinking? Who gave the orders?"

That sentiment is shared in Malaysia by the family of Mastura Mustafa, who was a flight attendant on MH17.

"Praise Allah, we hope this trial will give us a conclusive verdict for us to know the truth on who is responsible for the downing of MH17, โ€ said her brother, Thaib Mustafa. "We truly hope that this case will finally come to an end after so many years.โ€

A clear picture has emerged over years of investigations into what brought down the flight.

A Dutch crash investigation pieced together the wreckage of the plane after it was brought to a hangar on a Dutch air force base and concluded that it was shot out of the sky by a Buk missile.

Separately, a Joint Investigation Team made up of experts from the most-affected countries examined the wreckage and body parts, questioned witnesses and experts, studied radar and satellite images and analysed data and intercepted communications before indicting the four suspects.

The team said last year there was "almost daily telephone contactโ€ between the self-proclaimed leaders of the pro-Russia rebel Donetsk Peopleโ€™s Republic "and their contacts in the Russian Federation.โ€

"They spoke with leaders in Moscow, near the border with Ukraine and in Crimea. Communication mostly took place via secure telephones provided by the Russian security service, โ€ it said.

Russia has rejected the investigation as one-sided and put forward its own theories as to what happened, alleging that Ukrainian forces which also have Buk missile systems were to blame.

The opening days of the trial will involve judges taking stock of the investigation so far. Prosecutors will summarise their case, but evidence is unlikely to be examined until hearings later this year. That is when the victims' next-of-kin will be able to make statements.

Fredriksz-Hoogzand and her husband will have plenty to say when their time comes. It wasnโ€™t until 14 months after the shootdown that they were able to hold a funeral for Bryce and Daisy.

"We had a cremation. They were cremated together, what was left of them, โ€ she said. "That was not much.โ€

See:https://www.thestar.com.my/news/nation/2020/03/06/mh17-families-hope-truth-emerges-from-unprecedented-trial

AMSTERDAM (AP): United by grief across oceans and continents, families who lost loved ones when Malaysia Airlines Flight 17 was shot down in 2014 hope that a trial starting next week will finally deliver something that has remained elusive ever since: The truth.

๐Œ๐‡๐Ÿ๐Ÿ• ๐ญ๐ซ๐ข๐š๐ฅ ๐›๐ž๐ ๐ข๐ง๐ฌ ๐ข๐ง ๐๐ž๐ญ๐ก๐ž๐ซ๐ฅ๐š๐ง๐๐ฌ ๐ง๐ž๐ฑ๐ญ ๐ฐ๐ž๐ž๐คThe Netherlands will put four people on trial next week over the downing of fl...
07/03/2020

๐Œ๐‡๐Ÿ๐Ÿ• ๐ญ๐ซ๐ข๐š๐ฅ ๐›๐ž๐ ๐ข๐ง๐ฌ ๐ข๐ง ๐๐ž๐ญ๐ก๐ž๐ซ๐ฅ๐š๐ง๐๐ฌ ๐ง๐ž๐ฑ๐ญ ๐ฐ๐ž๐ž๐ค

The Netherlands will put four people on trial next week over the downing of flight MH17 over Ukraine in 2014, giving families hope of justice even if the suspects are not in the dock.

For more than five years, relatives have called for the prosecution of those responsible for shooting down the Malaysia Airlines Boeing 777 with the loss of all 298 men, women and children on board.

The jet travelling from Amsterdam to Kuala Lumpur was torn apart by a Russian-made missile over part of eastern Ukraine held by pro-Moscow rebels, spreading bodies and debris over a wide area.

A Dutch-led international probe last year made its first charges in the case, accusing Russians Igor Girkin, Sergei Dubinsky, Oleg Pulatov and Ukrainian citizen Leonid Kharchenko of involvement.

None is expected to be at the high-security court near Amsterdamโ€™s Schiphol Airport on Monday, but family members will be out in force for the start of what is expected to be a year-long trial.

โ€œFor the next of kin this is a very important moment,โ€ said Piet Ploeg, head of a foundation for MH17 victims who lost his brother, sister-in-law and nephew on the doomed flight.

โ€œWe will hear what happened, why it happened, what was the role of the Russian state. I hope, I am convinced, we will get all the answers that we have not had for five-and-a-half years,โ€ he told AFP.

Ploeg, who says he will attend every day of the trial, added: โ€œItโ€™s a bloody shame that the four suspects are having a good time and parties in Russia, but we canโ€™t do anything about it, they wonโ€™t be extradited. Itโ€™s a fact that we will have to deal with.โ€

Relatives will be allowed inside the courtroom to watch, while a media centre has been built outside the stark concrete building to house more than 400 journalists from around the globe.

The downing of MH17 on July 17, 2014 horrified the world, with its images of wreckage strewn across Ukranian sunflower fields and some victims including children still strapped into their seats, their faces masks of agony.

Of the dead, 196 were from the Netherlands, and Dutch authorities aided by Australia, Belgium, Malaysia and Ukraine have relentlessly pursued the case ever since.

Investigators say the BUK anti-aircraft missile was fired from rebel territory and was supplied by Russia, while the Netherlands and Australia have said they hold Moscow responsible.

Russia has long denied any involvement.

โ€œWe have always questioned the objectivity of the work of the investigative team, as we were deprived the chance to participate in it,โ€ Kremlin spokesman Dmitry Peskov said Wednesday.

The first week of the trial is expected to deal with so-called โ€œhousekeepingโ€ issues rather than hearing evidence, but it will include the crucial detail of whether the suspects will turn up.

One is known to have appointed a lawyer but since neither Russia nor Ukraine extradites its nationals, it is almost certain they will be tried in absentia.

โ€œFor the victims there will at least be a decision and the possibility for some sort of closure,โ€ said Marieke de Hoon, assistant professor of international law at Vrije Universiteit Amsterdam.

Prosecutors say the suspects were all linked to the separatists and were instrumental in bringing the missile to Ukraine even if they did not pull the trigger.

Girkin, also known by his pseudonym โ€œStrelkovโ€œ, is the most high-profile suspect โ€“ a former Russian spy and historical re-enactment fan who helped kickstart the war in Ukraine.

Dubinsky, who has also been tied to Russian intelligence, allegedly served as the separatistsโ€™ military intelligence chief and was allegedly responsible for requesting the delivery of the missile.

Pulatov was an ex-Russian special forces soldier and one of Dubinskyโ€™s deputies who allegedly helped transport the missile system to Ukraine, while Kharchenko allegedly led a separatist unit in eastern Ukraine and secured the missile launcher.

Investigators say they are still trying to track the crew of the BUK, which originated from the Russian armyโ€™s 53rd Anti-Aircraft Missile Brigade based in the city of Kursk.

They are also seeking information implicating โ€œhigh-rankingโ€ Kremlin officials.

โ€œI am convinced there will be more trials in the coming years,โ€ Ploeg said

See:https://www.nst.com.my/world/world/2020/03/571932/mh17-trial-begins-netherlands-next-week

THE HAGUE: The Netherlands will put four people on trial next week over the downing of flight MH17 over Ukraine in 2014, giving families hope of justice even if the suspects are not in the dock.

๐–๐ก๐ฒ ๐ญ๐ก๐ž ๐”๐ค๐ซ๐š๐ข๐ง๐ข๐š๐ง ๐ฉ๐ฅ๐š๐ง๐ž ๐ญ๐ซ๐š๐ ๐ž๐๐ฒ ๐ข๐ฌ ๐ฎ๐ง๐ฅ๐ข๐ค๐ž๐ฅ๐ฒ ๐ญ๐จ ๐ฅ๐ž๐š๐ ๐ญ๐จ ๐ ๐ฅ๐จ๐›๐š๐ฅ ๐š๐ข๐ซ๐ฌ๐ฉ๐š๐œ๐ž ๐ซ๐ฎ๐ฅ๐ž๐ฌWhy was the Ukrainian airliner mistakenly sh...
18/01/2020

๐–๐ก๐ฒ ๐ญ๐ก๐ž ๐”๐ค๐ซ๐š๐ข๐ง๐ข๐š๐ง ๐ฉ๐ฅ๐š๐ง๐ž ๐ญ๐ซ๐š๐ ๐ž๐๐ฒ ๐ข๐ฌ ๐ฎ๐ง๐ฅ๐ข๐ค๐ž๐ฅ๐ฒ ๐ญ๐จ ๐ฅ๐ž๐š๐ ๐ญ๐จ ๐ ๐ฅ๐จ๐›๐š๐ฅ ๐š๐ข๐ซ๐ฌ๐ฉ๐š๐œ๐ž ๐ซ๐ฎ๐ฅ๐ž๐ฌ

Why was the Ukrainian airliner mistakenly shot down near Tehran by Iranian forces last week for the loss of 176 lives, even allowed to take off from a country that had just fired missiles towards its neighbour? And why didn't the airline just delay or cancel the flight?

In short - because a century of international air travel has yielded no international agreement on how or when to close airspace; and because airlines often have to rely on their own, sometimes incomplete, assessments to make the call for themselves.

While air travel is global, and guided by streams of instantaneous electronic data, control over each country's airspace remains entirely local and subject to the pace of politics.

Iran itself suffered a similar tragedy in 1988, when the U.S. warship Vincennes downed an IranAir passenger jet in 1988.

Ukraine, too, has been acutely aware of the problem since 2014, when Malaysia Airlines MH17 was shot down over territory held by pro-Russian rebels in eastern Ukraine, as it flew from Amsterdam to Kuala Lumpur.

MH17 led the United Nations' aviation arm, the International Civil Aviation Organization (ICAO), to launch a conflict zone website where countries could share information on potential risks around the world so that airlines could avoid those regions. Despite the deaths of 298 people, it foundered after some countries saw a threat to their sovereignty and wanted a 72-hour window to respond, rendering it ineffective.

๐‹๐š๐œ๐ค ๐จ๐Ÿ ๐ญ๐ซ๐ฎ๐ฌ๐ญ

Those sensitivities are not new. Few countries trust others to declare their airspace off limits, especially knowing that such decisions can themselves be a product of conflict.

In 1985, Iraq declared Iran off-limits to civil aviation. But Iraq and Iran were then at war, and the move sparked fierce debate at the ICAO.

In 2015, the Netherlands, home to two-thirds of the passengers on MH17, tried at least to have the ICAO spell out criteria for when airspace should be closed. Those changes have yet to be made.

Still, ICAO said Dutch recommendations after MH17 helped result in amendments to six annexes to the 1944 Chicago Convention, the basic global agreement on modern aviation.

Since 290 people died on IranAir 655, over 750 more have now been killed worldwide in attacks on various forms of civil aviation, according to Flight Safety Foundation data.

"Practice shows that states in which there is an ongoing armed conflict will not implement restrictions for their airspace on their own initiative," a Dutch Safety Board report last year said.

An Iranian commander said on Saturday that the Iranian military, which had been ordered to retaliate against U.S. troops in Iraq for the killing of an top Iranian commander by a U.S. drone, had requested a no-fly zone for the Tehran area but had been refused. He did not say why or by whom, and Iran has not commented on its decision to keep Tehran airport open.

It all puts the onus on airlines and other regulators to conduct their own risk assessments.

Yet each relies on different, potentially incomplete, intelligence briefings, and not all regulators have the same power to prevent their airlines โ€” all operating under fierce competitive pressure โ€” flying through conflict zones.

๐„๐š๐ฌ๐ญ-๐–๐ž๐ฌ๐ญ ๐œ๐จ๐ซ๐ซ๐ข๐๐จ๐ซ

Ukraine International Airlines said it had received no warning from Tehran before its flight PS752 took off, nor any reason not to fly. It was the 10th departure from Tehran airport that morning, according to FlightRadar24.

Even as conflict ripples through the Middle East, the region's skies are increasingly needed as an East-West corridor, as airlines face growing environmental and economic pressures to save fuel by flying the most direct routes.

Ron Bartsch, ex-safety head at Qantas Airways, said airlines, acutely cost-conscious, rarely want to reroute far.

Three days after the U.S. drone strike on Iranian general Qassem Soleimani, and a day before Iran's retaliatory strikes, there were around 1,000 flights over Iran and Iraq, the International Air Transport Association said.

None were American, however. The U.S. Federal Aviation Authority had already barred U.S. carriers from Iranian airspace, after Iran shot down a high-altitude U.S. drone last June. But others assessed the risks differently.

IATA, representing global airlines, has said it will work to improve those assessments.

A source familiar with the matter said the ICAO was looking for ways to help countries improve communications between civilian authorities and the military.

And Oleksiy Danylov, secretary of Ukraine's national security and defence council, told Reuters that Kiev would start an effort to create a new global civil aviation hazard warning system.

The world's air travellers will hope they have better luck than those who have tried, and failed, before.

See:https://www.theedgemarkets.com/article/why-ukrainian-plane-tragedy-unlikely-lead-global-airspace-rules

MONTREAL/KUALA LUMPUR/PARIS: Why was the Ukrainian airliner mistakenly shot down near Tehran by Iranian forces last week for the loss of 176 lives, even allowed to take off from a country that had just fired missiles towards its neighbour? And why didn't the airline just delay or cancel the flight?....

๐ˆ๐ซ๐š๐ง ๐ฉ๐ฅ๐š๐ง๐ž ๐ญ๐ซ๐š๐ ๐ž๐๐ฒ ๐ฉ๐ซ๐จ๐ฏ๐ž๐ฌ ๐ฅ๐ž๐ฌ๐ฌ๐จ๐ง๐ฌ ๐จ๐Ÿ ๐Œ๐‡๐Ÿ๐Ÿ• ๐ก๐š๐ฏ๐ž ๐ง๐จ๐ญ ๐›๐ž๐ž๐ง ๐ฅ๐ž๐š๐ซ๐ง๐ž๐There is a certain irony in the fact that the downing of ...
18/01/2020

๐ˆ๐ซ๐š๐ง ๐ฉ๐ฅ๐š๐ง๐ž ๐ญ๐ซ๐š๐ ๐ž๐๐ฒ ๐ฉ๐ซ๐จ๐ฏ๐ž๐ฌ ๐ฅ๐ž๐ฌ๐ฌ๐จ๐ง๐ฌ ๐จ๐Ÿ ๐Œ๐‡๐Ÿ๐Ÿ• ๐ก๐š๐ฏ๐ž ๐ง๐จ๐ญ ๐›๐ž๐ž๐ง ๐ฅ๐ž๐š๐ซ๐ง๐ž๐

There is a certain irony in the fact that the downing of an airliner from a country that underwent a people power revolution against repression and corruptionโ€“Ukraineโ€“may now lead to upheaval in Iran. In the days following the tragic January 8 downing of Ukrainian International Airlines PS752, protests in Iran have escalated in dramatic fashion, starting on university campuses and spreading into the streets.

Anger has focused on the Iranian governmentโ€™s attempts to cover up the reasons for the Ukrainian plane crash. At first, the regime said it was due to a mechanical fault. In the face of evidence uncovered by Ukrainian investigators on the ground and from other sources, their hand appears to have been forced, leading to an admission that the airliner was hit by a missile fired from an Iranian military base.

The fact that most of the 176 people on board the Tehran-Kyiv flight were Iranians or people with Iranian roots heightened the sense of loss in Iran, sparking outrage in a country where people were already on the brink. The current wave of unrest started late last year over steep spikes in gas prices and prompted what Amnesty International described as a โ€œbloody clampdownโ€ from the regime.

In the wake of the PS752 tragedy, public fury has escalated. Crowds in Tehran were heard directing chants of โ€œthe peopleโ€™s shameโ€ at the Islamic Revolutionary Guards Corps. There have been calls for Supreme Leader Ayatollah Ali Khamenei to resign and for those responsible for the downing of the jet to face justice.

Amid the outpourings of anger and grief, the disaster also raises troubling questions about aviation security and the apparent failure to learn from past tragedies of this nature. From almost the moment the UIA Boeing disappeared over the skies of Tehran, similarities with the attack on flight MH17 over eastern Ukraine in 2014 were startling. Both aircraft disappeared with no sign of trouble from the cockpit crew or from data collected by the aircraftโ€™s automated systems. The respective crews had no time to react. The voice and data recorders stopped suddenly at the time of being struck.

Both flights were flying over active conflict zones. In the case of MH17, the Amsterdam to Kuala Lumpur flight was flying just above closed air space in eastern Ukraine when it was struck by a Russian BUK missile, killing all 298 people aboard. The Dutch Safety Board would later criticize Ukraine for not completely closing its air space to civilian aviation given the intensity of the fighting on the ground below at the time.

In the case of PS752, a number of airlines had continued to take off from Tehran ahead of the Ukrainian airliner. However, others had suspended operations to Iran a few days beforehand, citing safety concerns. Even though missiles were launched from the area hours before, there was no move on the part of Iranโ€™s civil aviation authority to close the airspace to non-military traffic.

Another astonishing similarity is the type of missile used to down the two airliners. Both the BUK missile and the Tor-M1 missile system โ€“ also known by the NATO reporting name of SA-15 Gauntlet โ€“ were Russian-built and used the same technology to disable their targets, exploding close to impact and sending shrapnel into the fuselage.

While Russia remains in denial over MH17, Iranโ€™s attempts to escape responsibility soon ran aground due to the circumstances of the tragedy. Unlike the situation in eastern Ukraine five years ago, flight PS752 was hit while flying through airspace that was under intense surveillance by Western intelligence agencies due to the countryโ€™s confrontation with the United States.

Crucially, during its crash to the ground and in the immediate aftermath, the Boeing was documented by Iranian citizen journalists who shared their videos and images widely. Ukrainian investigators also gained rapid access to crash site and were able to collect damning proof of a missile strike before the authorities could bulldoze the evidence.

After three days of denial, the Iranian authorities probably concluded that their position was unsustainable and admitted that the cause of the tragedy was an Iranian missile. However, in an apparent attempt to tread a fine line, they also blamed a mechanical failure in the Boeing plane and American โ€œmilitary adventurism.โ€ Even with these attempts to qualify their responsibility, the Iranian authorities still managed to do something their Russian counterparts have not yet done โ€“ namely to acknowledge culpability in the downing of a civilian airliner.

This is a positive first step. The days and months ahead will demonstrate whether Tehran is prepared to be fully transparent and allow investigators complete and unfettered access to the crash site and all of the evidence. This will include primary military radar data, which could show the exact fight path of the doomed airliner. If Iran cooperates, it will be putting further distance between itself and the Kremlin. Russia has refused several requests from Dutch investigators to turn over radar data relating to the 2014 MH17 disaster. Moscow has also changed its story several times regarding how the Malaysian airliner was shot down.

The quest for MH17 justice will return to the spotlight in spring 2020. A criminal case is set to begin in The Hague starting March 9. So far, three Russians and one Ukrainian have been charged. All of the suspects are believed to be in Russia or Russian-controlled parts of Ukraine, and are not expected to be extradited. The case will likely drag well into 2021. In an indication of the difficulty of collecting evidence in conflict zones, Dutch investigators continue to issue appeals for eyewitnesses in Ukraine to come forward with evidence or testimony related to MH17.

The anger and the sorrow over flight PS752 underline the urgent need to learn the lessons from such tragedies. It is vital that the civil aviation community implement immediate steps to make flying safer during times of conflict. Currently, there are about a dozen conflict areas in the world where crews should not enter airspace. Regulations clearly need to be tightened.

In the wake of this latest tragedy, Silene Fredrikzs-Hoogzand, who lost a family member in the MH17 attack, expressed the sense of despair over the failure to prevent a repeat of the 2014 disaster. โ€œDeja Vu. The question was not if but when this would happen again. Again, no closure of airspace. Again, flying over a conflict zone. And again, no responsibility taken. Again, so many families in despair. Our hearts are with them.โ€

See:https://atlanticcouncil.org/blogs/ukrainealert/iran-plane-tragedy-proves-lessons-of-mh17-have-not-been-learned/

Amid the outpourings of anger and grief over the downing of a Ukrainian passenger plane by Iran, the disaster also raises troubling questions about aviation security and the apparent failure to learn from past tragedies of this nature such as the 2014 MH17 attack.

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