Crash Malaysia Airlines MH17
On Thursday, 17 July 2014 flight MH17 of Malaysia Airlines crashed near the border between Russia and the Ukraine, killing all passengers. Among the dead were 196 Dutch nationals. Their surviving relatives are overwhelmed by immense sadness, incomprehension and anger. The prevailing questions are: how could this happen and who is responsible?
On 13 October 2015, the Dutch Safety Board published its report, revealing that the crash was due to the detonation of a warhead launched from the eastern part of Ukraine using a Buk missile system. The Dutch Safety Board furthermore concluded that even before 17 July 2014 the Ukraine had had sufficient reason to close the airspace over the eastern Ukraine as a precaution. Although the report does not give a conclusive answer to the liability issue, it does provide answers to several questions that have haunted the family members for a long time.
Under the applicable Montreal Convention, surviving relatives had two years to bring claims against Malaysia Airlines. The airline’s liability is limited to EUR 130,000 approximately per passenger if the airline can demonstrate that it was not culpable. If it cannot do so, there will be no limits to its liability. Beer advocaten takes the position that Malaysia Airlines cannot prove that it was not to blame. The compensation paid by the airline is not limited to EUR 130,000 per passenger, therefore. Beer advocaten has represented the surviving relatives of 100 victims of the crash in handling their claims against Malaysia Airlines. Meanwhile Beer advocaten’s aviation team has reached amicable settlements with the airline for the family members, which concludes this part of the proceedings.
With the help of its international network Beer advocaten is currently exploring the possibilities of holding parties liable other than Malaysia Airlines. To this end the aviation team filed a complaint with the European Human Rights Court (‘EHRC’) on behalf of the family members in November 2018. The EHRC has taken the complaint under consideration. These proceedings are expected to take several years. The Dutch government has also decided to summon Russia before the European Human Rights Court because of the country’s role in downing the MH17, by filing a so-called interstate complaint.
Meanwhile the Joint Investigation Team (JIT) has carried out investigations to eventually bring the perpetrators to justice. The JIT report has led the Public Prosecution Service to instigate criminal proceedings against four suspects for downing the plane. The criminal proceedings started on 9 March 2020 in the Court of The Hague (Schiphol location). To date none of the suspects has appeared, but two attorneys act as counsel for one of the suspects, namely Pulatov. The court held that the writ of summons had been lawfully served on all suspects, that the case against suspect Pulatov would be tried as a defended case, and that the other defendants would be declared in default of appearance. This means that the case can be continued against all suspects. The criminal proceedings are expected to take a long time. In the first period focus will lie on the appraisal and execution of the Public Prosecution Service’s and defence’s investigation requests. The content-specific consideration of the criminal file started on 7 June 2021. In September 2021 the surviving relatives made use of their right to address the court. It was not until the end of 2021 that the charges were discussed, in brief: the downing of flight MH17 and the killing of all 298 passengers and crashing the plane. Early 2022 the defence is expected to present their pleadings. For more information about the court’s time schedule: https://www.courtmh17.com/en/court-days-2022.html.
Beer advocaten works on the MH17 case with a special team. Arlette Schijns acts on the surviving relatives’ behalf in the criminal proceedings, while Christa Wijnakker represents the relatives in the proceedings before the ECHR (European Court for Human Rights).
For more information about the representation by Beer advocaten in the MH17 case, please contact Arlette Schijns, or Christa Wijnakker by e-mail at luchtvaartteam1@beeradvocaten.nl.