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MH17 criminal trial begins in The Netherlands

Mar 9, 2020

THE HAGUE, The Netherlands – The international criminal trial of four suspects accused of being involved in the downing of a Malaysian aircraft in 2014 in eastern Ukraine was to get underway on Monday.

The trial is being conducted in The Hague in the Netherlands under Dutch law, in consideration of the fact that two-thirds of those killed in the crash were from The Netherlands.

The trial culminates a years-long investigation carried out by The Netherlands, Malaysia, Australia, Belgium and Ukraine. The object of the probe was to establish the cause of the crash of flight MH17 and bring those responsible to justice.

On 5 July 2017 representatives of these countries, formally known as the Joint Investigation Team (JIT), decided that any prosecution and trial of suspects would be conducted by and in the Netherlands, under Dutch law.

To enable the prosecution and trial in the Netherlands, the Netherlands and Ukraine concluded an agreement on international legal cooperation on 7 July 2017.

On the basis of the joint investigation the Dutch Public Prosecution Service took the decision on 19 June last year to prosecute the suspects.

Four judges have been appointed for the hearing of the MH17 case, 3 sitting judges and one reserve judge.

The Malaysia Airlines Boeing 777-200ER travelling from Amsterdam (the Netherlands) to Kuala Lumpur (Malaysia) on 17 July 2014, crashed in a village in the Donetsk region killing all 298 people on board.

The victims’ nationalities are given below. (The passenger list states just one nationality per person but some of the victims held dual nationality).

  • The Netherlands: 196
  • Malaysia: 43
  • Australia: 27
  • Indonesia: 12
  • United Kingdom: 10
  • Belgium: 4
  • Germany: 4
  • Philippines: 3
  • Canada: 1
  • New Zealand: 1

The JIT meantime signed an extension of the JIT Agreement in Amsterdam on Sunday.

Representatives from the five investigative authorities of Australia, Belgium, Malaysia, Ukraine and The Netherlands signed the prolongation of the JIT Agreement on the eve of the trial.

The extension ensures the investigation into the downing of MH17 continues unabated and in parallel with the trial of the four suspects.

The first court session against the suspects will commence at 10:00am on Monday local time. The four men will be prosecuted for causing the downing of Malaysia Airlines flight MH17 and the murder of all 298 persons on board.

The JIT partners, who conducted the investigation, will be present for the start of the hearings which are taking place at the Schiphol Judicial Complex in the District Court of The Hague.

“Uncovering the truth is a very time consuming and methodical process. Tomorrow the Netherlands will begin the trial of the four suspects, however this does not mean the investigation into those responsible has been finalized. For me the trial is an important step towards finding truth and accountability. The duration of the investigation has put a heavy burden on the families and friends of the MH17 victims. I am especially relieved for them that the judicial process will now commence. The Public Prosecution Service is ready,” the Deputy Chief Public Prosecutor of the Netherlands Public Prosecution Service Digna van Boetzelaer said Sunday.

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