17 Nov 2022

MH17: Ukraine plane crash murder trial draws to a close

7:16 pm on 17 November 2022

By Anna Holligan and Kate Vandy for the BBC

(FILES) In this file photo taken on November 11, 2014 Journalists walk behind parts of the Malaysia Airlines plane Flight MH17 as Dutch investigators (unseen) arrive near at the crash site near the Grabove village in eastern Ukraine, hoping to collect debris from the Malaysia Airlines plane which crashed in July, killing 298 people, in remote rebel-held territory east of Donetsk. - A Dutch court gives its verdict on November 17, 2022 in the trial of four men over the downing of Malaysia Airlines flight MH17 above Ukraine in 2014, as tensions soar over Russia's invasion eight years later. All 298 passengers and crew were killed when the Boeing 777 flying from Amsterdam to Kuala Lumpur was hit over separatist-held eastern Ukraine by what investigators say was a missile supplied by Moscow. (Photo by Menahem KAHANA / AFP)

Part of the wreckage of Flight MH17 that was shot down over eastern Ukraine. Photo: AFP

In 2014 a passenger jet was shot down over eastern Ukraine, killing all 298 people on board. Today judges at a high security court near Schiphol Airport will deliver a verdict on three Russians and one Ukrainian accused of mass murder.

The missile attack was one of the most notorious war crimes in Ukraine before allegations of atrocities there became an almost daily reality. Many of the victims' relatives believe if the world had reacted differently, and taken a tougher stance against Russia eight years ago, the invasion of Ukraine and the geopolitical instability that has followed could have been avoided.

On 17 July 2014, 298 people, including 80 children and 15 crew, boarded Malaysia Airlines flight 17 to Kuala Lumpur at Amsterdam's Schiphol Airport.

The plane was cruising at 33,000 feet over Ukraine. It was the early days of Russia's efforts to control parts of the country.

At the time this was a relatively low-level conflict zone, but fighting had recently expanded into the air. In the preceding months a number of military planes had been shot down.

In response, Ukraine closed the airspace at lower altitudes - up to 32,000 feet. But planes were still crossing the country.

The Malaysia Airlines Boeing 777 was flying 1000 feet above this restricted airspace.

At 1.20pm GMT, it lost contact with air traffic control.

Most people on board came from the Netherlands, followed by Malaysia and Australia. They had packed for dream holidays, an Aids conference, family reunions and more. In a flash, all plans for the future were obliterated.

"I still miss them," said Silene Fredriksz, her walls adorned with snapshots of son Bryce and his girlfriend Daisy. The young lovers were heading to Bali, a treat after a difficult year.

Forward to 2022 and Moscow's invasion of Ukraine in February opened up barely healed wounds.

"It was heartbreaking for us," Fredriksz said. She is convinced the current conflict could have been avoided had the world taken a harder line in 2014.

"Putin has never been stopped, and still has not been stopped. And he will not stop until he is stopped," she said. "I hope the world wakes up now, because we knew it already eight years ago."

2020-09-28 09:22:58 AMSTERDAM - Surviving relatives Rob and Silene Fredriksz arrive at the Jusitieel Complex Schiphol, where the lawsuit about the downing of flight MH17 continues. Malaysia Airlines flight MH17 was shot down by a Buk missile on 17 July 2014. All 298 passengers, including many Dutch, were killed. ANP ROBIN VAN LONKHUIJSEN (Photo by ROBIN VAN LONKHUIJSEN / ANP MAG / ANP via AFP)

Rob and Silene Fredriksz arrive at court during the trial of the four accused. Photo: AFP

Russia has always denied any involvement and instead pumped out a range of alternative theories - suggesting a Ukrainian fighter jet fired the missile, or that Ukrainian government forces were responsible, and in some cases fabricated evidence to support their claims. These have in turn been diligently debunked with material gathered by a team of international investigators.

The team found the disintegration of the plane in mid-air was caused by the detonation of a Russian-made 9N314M-type warhead carried on the 9M38M1 missile, launched from the eastern part of Ukraine using a Buk missile system.

Eliot Higgins, founder of the investigative platform Bellingcat, delved into the open source evidence. His team identified links with Russia's 53rd Anti Aircraft Missile Brigade, and trawled through 200 soldiers' social media posts to confirm the identity and role of many members of the unit based at a Russian military barracks in Kurst.

Bellingcat shared its findings with Dutch prosecutors. He believes the trial has laid bare indisputable proof of Russia's involvement.

"I think at this point, and especially with a guilty verdict anyone who would claim that Russia wasn't involved with this shoot down is really a ridiculous person," Higgins said.

Based on his findings, Higgins believes the events of 2014 and 2022 are inextricably linked.

"People were just turning a blind eye to it, policymakers just weren't comfortable with calling out Russia in a way they really should have done. And they didn't react in the way that could have prevented the invasion in 2022.

"I think there should have been more military support for Ukraine, there should have been more sanctions, there should have been a stronger response than we saw at the time. There could have been preventative measures that would have saved a lot of lives."

The trial has been an opportunity to cut through Russian disinformation.

"There was the disaster itself. But the next disaster, I would say, was that Russia never cooperated. And that gave extra pain for all of us. And why was that necessary? Just say sorry," Hans de Borst said, as he showed the BBC holiday photos of his 17-year-old daughter, Elsemiek.

He holds tight to the memories, as well as Elsemiek's passport and boarding pass, recovered intact from the wreckage.

VIJFHUIZEN - Australian relatives at the National Monument MH17. In the court at Schiphol, the court rules in the criminal case against the four men suspected of involvement in the downing of flight MH17. All 298 people on board were killed. ANP ROBIN UTRECHT netherlands out - belgium out (Photo by ANP MAG / ANP via AFP)

British and Australian relatives at the monument for all those who died. It has been erected at Vijfhuizen in the Netherlands. Photo: AFP

Families at the epicentre of the MH17 disaster invested their faith in the investigation led by the Netherlands.

"It is extremely important to me," he said, "because it's that feeling of justice needing to be done in a world that kills people who just go on holiday. If justice is not being done then your whole feeling of a good world doesn't exist anymore.

"So getting justice brought to you by so many people gives a good feeling and I hope, will give some peace about this subject."

Painstaking inquiry identifies suspects

Piecing together clues including intercepted telephone calls, eyewitness accounts and even metal fragments found in the bodies of the crew, investigators were able to establish the type of weapon, track its route - from a military barracks in Russia, across the border to the launch site in pro-Russian separatist controlled eastern Ukraine - and identify key suspects.

They are three Russians and one Ukrainian. The most prominent of them is Igor Girkin, who prosecutors say is a former colonel in Russia's intelligence service, the FSB.

The Kremlin has dismissed the legal proceedings and all suspects refused to appear in court. They were tried in absentia. Only one, Oleg Pulatov, employed a team of Dutch lawyers to defend him in court.

The judgment is unlikely to result in anyone serving time in jail for this mass murder, but the investigation has created an incontestable historical record and delivered the families some peace of mind.

"We will never get our children back," Silene Fredriksz said, "but… we need the truth. And we need justice. This is a small part of our justice."

-BBC

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