Hopes for justice fade as relatives mourn 10th anniversary of MH17 downing

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2024-07-17T20:29:25+05:00 AFP

As relatives gather on Wednesday to mourn victims on the 10th anniversary of Malaysia Airlines flight MH17, hopes are fading that those responsible for shooting down the plane will soon be behind bars.


Russia has refused to extradite three men convicted by a Dutch court, and last year international investigators suspended their work, saying there was not enough evidence to prosecute more suspects.


"I don't think those responsible will serve their sentences," said Evert van Zijtveld, who lost his daughter Frederique, 19, his son Robert-Jan, 18, as well as his parents-in-law.


On Wednesday, hundreds of relatives as well as government representatives and dignitaries are expected at an event at a memorial park near Schiphol airport where the doomed flight took off on a bright summer's day on July 17, 2014.


Hours later the Boeing 777 jet was shot down by a Russian-made BUK surface-to-air missile over eastern Ukraine, as it passed on a flight line toward Kuala Lumpur. All 298 people on board were killed.


The memorial will be broadcast live on national television from 1:30pm (1130 GMT) while many of the Netherlands' main cities said they will fly the Dutch flag at half-mast on the day.


Several speakers will make statements and the names of all the victims will be read, the organisers said.


The victims came from at least 10 countries, with 196 of them Dutch, 43 Malaysian and 38 Australian.


Memorials are also planned elsewhere, including a service in the Australian parliament.


A Dutch court in November 2022 sentenced in absentia three men to life imprisonment for their roles in bringing down the plane over separatist-held pro-Russian territory, during the early stages of a war that saw Moscow seize the Crimean peninsula.


Russians Igor Girkin and Sergei Dubinsky and Ukrainian Leonid Kharchenko could all be held responsible for the transport of the BUK missile from a military base in Russia and deploying it to the launch site, the judges said -- even if they did not launch the missile themselves.


None of the guilty suspects took part in the legal proceedings or acknowledged their roles in the incident.


A fourth man, Oleg Pulatov, was acquitted.


Though international investigators have suspended their work, they concluded there were "strong indications" that Russian President Vladimir Putin approved the supply of the missile that downed the plane.


Russia has denied any involvement and dismissed the 2022 court verdict as "scandalous" and politically motivated.


The European Union however on Tuesday called upon Moscow to "accept its responsibility in this tragedy and cooperate fully in serving justice."


The evidence presented during the MH17 trial "makes it abundantly clear that the BUK surface-to-air missile system used to bring down flight MH17 belonged beyond doubt to the armed forces of the Russian Federation," EU foreign policy chief Josep Borrell said.


Moscow has refused to extradite any of the suspects, saying it is illegal under Russian law.


"The invasion of Ukraine and the escalation of the war has made that really difficult to believe that any of them will be arrested soon," van Zijtveld told AFP ahead of the memorial, referring to the war against Ukraine launched by Russia in February 2022.


Australia vows to hold Russia to account


Australia vowed Wednesday to hold Russia to account for the downing of Malaysia Airlines flight MH17 ten years ago that killed nearly 300 people.


On July 17, 2014 the Boeing 777 -- en route from Amsterdam to Kuala Lumpur – was shot down by a Russian-made BUK surface-to-air missile over eastern Ukraine.


All 298 people aboard were killed, including 38 Australians.


Australia will "not be deterred in our commitment to hold Russia to account," Foreign Minister Penny Wong told bereaved relatives and dignitaries at a memorial service at parliament in Canberra.


"I recommit our collective pursuit of truth, justice and accountability for the outrages perpetrated on the 17th of July, 2014," she said.


"Grief never fully leaves us but time and love can lessen its weight."


Names of the dead Australians were read out at the memorial service as family members placed golden flowers on a wreath, many pausing for a moment or wiping away tears.


A Dutch court has sentenced in absentia three men to life imprisonment for their roles in downing the plane over separatist-held pro-Russian territory during the early stages of a war that saw Moscow seize the Crimean peninsula.


Australia and the Netherlands have an ongoing case against Russia with the International Civil Aviation Organization, a United Nations agency with limited enforcement powers.


Russia has denied any involvement in the incident.


Paul Guard, who lost his parents on the flight, said the past 10 years had been a "long road" and he wanted Russia to admit responsibility.


"I've always put the main blame of the tragedy on the conflict itself. I don't think anyone intended to bring down a passenger plane," he told national broadcaster ABC.


10-year quest for justice for the 298 dead


The world reacted with horror 10 years ago when Malaysia Airlines flight MH17 was shot down over war-torn eastern Ukraine as it flew from Amsterdam to Kuala Lumpur.


The crash came in the early stages of a war in which Moscow seized the Crimean Peninsula from Kyiv and stoked an insurgency by pro-Russian rebels in Ukraine's east.


- What happened? -


The doomed flight took off from Amsterdam on a bright summer's day on July 17, 2014.


Among the passengers were Dutch HIV/AIDS expert Joep Lange, on his way to a conference in Melbourne, and Jeroen and Nicole Wals and their four children, who were Malaysia-bound on a holiday.


At 4:19 pm (1319 GMT), while flying over eastern Ukraine's Donetsk region where pro-Russian separatist rebels were battling Ukraine forces, the plane exploded in mid-air, at an altitude of 33,000 feet (10.1 kilometres).


All 298 people on board were killed, 196 of them Dutch, as well as 43 Malaysians and 38 Australians.


A later reconstruction of the jet using some of the wreckage revealed the horror of the plane's last moments.


"The forward section of the aircraft was penetrated by hundreds of high-energy objects coming from the warhead," a Dutch-led international investigation heard.


"As a result of the impact and the subsequent blast, the three crew members in the cockpit were killed immediately and the aeroplane broke up in the air."


The investigators said some of the passengers may have known for up to 90 seconds that they were about to die.


- Who was held responsible? -


Russia and Ukraine immediately traded blame for the plane's downing.


The international probe in 2016 found "irrefutable evidence" that the plane was downed by a Russian-made BUK surface-to-air missile system which was transported from Russia to separatist-controlled eastern Ukraine.


Investigators later determined that the missile originated in a Russian military brigade based in the western city of Kursk.


Russia denied that any anti-aircraft missile crossed the border.


In June 2019, four senior figures in east Ukraine's self-styled rebel Donetsk People's Republic, Igor Girkin, Sergei Dubinsky and Oleg Pulatov of Russia and Leonid Kharchenko of Ukraine were charged with murder.


They were accused of bringing the missile system to the launch site in eastern Ukraine (but not of actually pressing the button).


The investigators said there were "strong indications" that Russian President Vladimir Putin approved the supply of the missile.


- Was anyone convicted? -


After a two-and-a-half-year trial a Dutch court in November 2022 convicted Girkin, Dubinsky and Kharchenko in absentia of murder and intentionally causing an aircraft to crash and sentenced them to life in prison.


The three refused to take part in the legal proceedings or acknowledge their roles in the incident.


Pulatov was acquitted.


Russia dismissed the court verdict as politically motivated.


In January 2024, Girkin was jailed for four years in Russia for repeatedly criticising the Kremlin for not pursuing a more aggressive offensive in Ukraine.


In 2023, the MH17 crash investigators suspended their work, saying there was not enough evidence to prosecute more suspects.


- Has justice been served? -


An investigation against Russia is still ongoing at the International Civil Aviation Organization, a UN agency.


The Netherlands and Ukraine have also jointly taken a case against Russia at the European Court of Human Rights in Strasbourg.


In the Netherlands, however, hope is fading that any of those responsible will ever be brought to justice.


"In the end, we were unable to put anyone behind bars," Dutch Prime Minister Dick Schoof told public broadcaster NOS on the eve of the tenth anniversary of the disaster.


"That sense of justice is there, but ultimately not as it should have been," he added.

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