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MH17 plane crash | Public Prosecution Service

MH17 plane crash | Public Prosecution Service

MH17 plane crash | Public Prosecution Service

MH17 plane crash | Public Prosecution Service

Combatant immunity not applicable to defendants in the case about the crash Boeing in the Donbass, on 17 July 2014. According to investigators, the plane was shot down by antiaircraft missile when flying over the area of hostilities in which took part a Pro-Russian armed groups of DNR and LNR.

That the accused in this case has no immunity combatants, said Wednesday at a hearing of the court in the Netherlands, the Prosecutor ward Ferdinandusse. His words leads TASS.

“The Prosecutor’s office came to the preliminary conclusion that there are at least two reasons why defendants are unable to benefit from combatant immunity, he said. – First, the absence of subordinating relations between Russia and the Donetsk people’s Republic, which would be known to other parties. Second, the lack of effective internal disciplinary system in DND. The Prosecutor’s office sees no obstacles for the prosecution of the accused.”

Ward Ferdinandusse noted that clarity on this issue could make figures of themselves. “Of course, it is desirable that the defendants themselves made clear its position on this issue”, – said the Prosecutor. According to him, the Prosecutor’s office tried to obtain information on this subject (for example, from an interview with the accused in the media and from the Russian authorities), but a clear answer has not received.

The trial of the accused, continued the Prosecutor, may proceed on the basis of Dutch criminal law. “And the Dutch criminal law provides for punishment for destroying aircraft and killing people, civilian or military Board,” – he stressed.

In the course of the investigation, said Ferdinandusse, the Prosecutor’s office examined the question whether the defendants distributed any other forms of immunity, such as diplomatic immunity, immunity in respect of senior officials of state or functional immunity, but no reason to use such practices was found.

According to the Geneva Convention, combatants are considered active participants of armed conflict who are subject to special rules. Under certain conditions they may be exempt from criminal prosecution. Earlier, representatives of the accused Oleg Pulatova said that has not yet decided whether to demand granting to it the status of a combatant.

We will remind, the Malaysian Boeing 777-200 flying from Amsterdam to Kuala Lumpur flight MH-17 was shot down on 17 July 2014 near Donetsk in the area of armed conflict in the Donbass. On Board were 298 people (citizens in almost two dozen States), they all died.

For investigation of accident set up a Joint investigation group (SSG). It included the representatives of Australia, Belgium, Malaysia, the Netherlands and Ukraine. Russia is not included into it. From the beginning suspect that the destruction of the liner are units of the Russian army, used to destroy aircraft, anti-aircraft missile complex “Buk”.

The charges brought against former defense Minister of the so-called Donetsk people’s Republic (DPR) and a retired FSB Colonel Igor Strelkov-Girkin, his Deputy, the commander of the reconnaissance and General-major Sergey Dubinsky Callsign “Dull”, his Deputy Colonel Oleg Pulatova, which, presumably, was associated with exploration in Donetsk. Ukrainian suspect in the case, field commander of the separatists Leonid Kharchenko.

The investigation was suspended due to pandemic coronavirus, but in June, resumed.

The investigation team concluded that the plane was shot down by a missile “earth-air”, near the settlement of Snow. The missile was fired from anti-aircraft missile complex “Beech”, delivered according to investigators, on the territory of Ukraine from Russia. Russia denies involvement in the incident.

As part of the investigation, the question arose about what the role of the Russian leadership in the incident. Dutch investigators released several phone calls between Igor Girkin and Russian officials – presumably the head of the Crimea Sergey Aksenov and the Russian presidential aide Vladislav Surkov. In conversations it was about the help from Russia. In an interview with Aksyonov Girkin listed, you need anti-tank artillery, tanks and air defense are already ready by specialists, as their “time to cook we will not have, anymore.” He was told that help will come.

And Surkov, a week before the MH17 disaster assured the Prime Minister DND Alexander Beard that “spoke to older colleagues, older does not happen” on military assistance to the militia and hinted at some “tipping action.”

In mid-November 2019 international investigation team published telephone intercepts, from which it follows that Russia completely controlled the process of invasion the Pro-Russian armed formations on the territory of Ukraine, and the weapons of the militia were sent through the channels of FSB and GRU. Was promulgated and the testimony of the witness, which showed that next to “Buck”, which fired a missile at the airliner, were employees of the FSB.