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Explained | Know all about flight MH17 as court rules cases against Russia 'partially admissible'

New DelhiWritten By: Harshit SabarwalUpdated: Jan 25, 2023, 09:02 PM IST
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On July 17 2014, Malaysian Airlines Flight 17 was brought down over eastern Ukraine. Photograph:(AFP)

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On July 17 2014, Malaysian Airlines Flight 17 (MH17), which was on its way from Amsterdam to Kuala Lumpur, was brought down over eastern Ukraine. The flight was hit over the Donetsk region by what international investigators say was a Russian-made surface-to-air missile.

The European Court of Human Rights (ECHR) ruled on Wednesday (January 25) that the cases brought by the Netherlands and Ukraine against Russia over the downing of Malaysian Airlines Flight 17 (MH17) in 2014, were admissible. A report by news agency Reuters said the decision did not rule on the merits of the cases but it showed that the court considered that Moscow could be held liable for human rights violations in the separatist regions.

"Among other things, the Court found that areas in eastern Ukraine in separatist hands were, from 11 May 2014 and up to at least 26 January 2022, under the jurisdiction of the Russian Federation," the ruling on Wednesday said. The cases will now move on to the merits stage. 

What had happened to Flight MH17?

On July 17 2014, Malaysian Airlines Flight 17 (MH17), which was on its way from Amsterdam to Kuala Lumpur, was brought down over eastern Ukraine. The flight was hit over the Donetsk region by what international investigators say was a Russian-made surface-to-air missile. There were 283 passengers, including 196 Dutch nationals and 15 crew members on board. All were killed.  

A report by the BBC on Wednesday said the Dutch government argues that Russia had played a key role in the air disaster and holds it responsible for the crash. Moscow, however, has denied any involvement. 

Which conspiracy theories circulated regarding the flight's disappearance? 

A lot of misinformation and theories were spread regarding the flight's downing. Some of these theories included hijacking, terrorist attack, crew suicide, fire and a cyberattack. 

What was the Netherlands' application against Russia? 

The Netherlands has argued that Russia played a key role in the downing of the Malaysian Airlines flight. The Dutch foreign ministry statement on Monday said that the government also believed that Moscow did not conduct an adequate investigation and failed to cooperate with the Netherlands' request for a criminal investigation. "In the view of the Netherlands, this, combined with Russia’s repeated denial of any involvement in downing flight MH17, has caused the victims’ next of kin additional suffering," the statement added. 

In 2020, the Netherlands lodged an application with the ECHR regarding Russia's role in the downing of the flight. 

What cases were filed by Ukraine?

The Reuters report on Wednesday said that the two cases in Ukraine, which are from 2014, pertained to what the government said were administrative practices by Moscow in eastern Ukraine in violation of the European Convention on Human Rights, as well as the abduction, and transfer to Russia, of the three groups of Ukrainian orphan children and children without parental care, and a number of adults accompanying them. As per the ECHR, all were returned to Ukraine one day or, in the third case, five days after being abducted. 

November 17, 2022: Dutch court convicts three of murder for downing of MH17

On November 17, last year, a Dutch court convicted three men of murder for their role in shooting down the Malaysian Airlines flight with a Russian-made surface-to-air missile. The convictions, along with life sentences were handed to Russians and a pro-Moscow Ukrainian. As per a report by the news agency Associated Press on November 18, 2022, presiding judge Hendrik Steenhuis said evidence presented by prosecutors in the trial—proved that the aircraft was brought down by a Buk missile fired by pro-Moscow Ukrainian fighters. 

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