The claim of the Netherlands lodged with the European court of human rights in connection with the destruction of flight MH17 in the Donbas, said on Russia’s violation of three articles of the European Convention on human rights. About the Agency “UKRINFORM” reported on 14 July, the Ambassador of Ukraine in the Netherlands Vsevolod Chentsov.
“Representatives of States – members of international joint investigation teams and countries whose citizens died as a result of the crash, provided detailed information at the suit of the Netherlands at the ECHR against Russia and proposed to support such a move. A clarification of the legal framework for the treatment of the Netherlands. In particular, countries wishing to join the suit as third parties will be able to do this within 12 weeks after the official transfer of the Russian claim with the Secretariat of the ECHR,” – said Chentsov.
According to the country of the Complainant, Russia violated articles 2, 3 and 13 of the Convention.
Article 2 specifies that the right of every person to life shall be protected by law.
Article 3 emphasizes that no one shall be subjected to torture, inhuman or degrading treatment or punishment.
Article 13 specifies that everyone whose rights and freedoms recognized in the Convention are violated shall have an effective remedy before a national authority even if the violation has been committed by persons acting in an official capacity.
“The Netherlands refers to article 13 of the Convention in connection with the improper level of cooperation of the Russian Federation in the investigation of the crash, contrary to its obligations under the European Convention on mutual assistance in criminal matters”, – said the Ukrainian Ambassador.
The Boeing 777, flying from Amsterdam to Kuala Lumpur flight MH17, crashed on July 17, 2014 near Torez in Donetsk region. Killed all 298 people who were on Board (citizens of Netherlands, Malaysia, Australia, Indonesia, UK, Germany, Belgium, Philippines, Canada and New Zealand).
According to the findings of the international investigation team, flight MH17 was shot down from the complex “Buk” from territory controlled by Pro-Russian militants. After the crash, and the weapon was returned to Russia. Investigators said that “Buk” arrived to Donbas from the Kursk region. In may 2018 the Netherlands and Australia officially blamed Russia for the Downing of flight MH17. Russia his involvement in disaster deny.
March 9, 2020, the Hague regional court began to consider the case of the crash of the Malaysian aircraft. The accused in the case, four: “defense Minister” groups “DNR”, Russian citizen Igor Girkin (Strelkov), the head of “GRU DNR” citizen of the Russian Federation Sergey Dubinsky (Gloomy), his subordinate, a citizen of the Russian Federation Oleg Pulatov (Gyurza), as well as a citizen of Ukraine, the commander of the reconnaissance battalion of the 2nd division “of the GRU DPR” Leonid Kharchenko (Mole). The case is considered by court of the Hague, since most of the victims were Dutch nationals.
On 10 July, the Netherlands reported that served in ECHR lawsuit against Russia in connection with the crash of the Malaysian aircraft. The government has informed that will submit to the court all the information about the crash of flight MH17 and support individual claims of relatives of the victims.
In the Federation Council of the Russian Federation “expressed bewilderment” in connection with the plans of the government of the Netherlands.
11 Jul Chentsov did not rule out that Ukraine will join the claim of the Netherlands to the ECHR in the case of the crash of flight MH17 taking into account the consideration of other claims, which the official Kiev has filed against Russia in the international instances.