Three men are sentenced to life in prison for the downing of flight MH17

First modification: 11/17/2022 – 18:37

The sentence was handed down on Thursday, November 17. In the trial for the downing of Malaysia Airlines flight MH17 over Ukrainian territory in 2014, a Dutch court sentenced three men to life imprisonment while acquitting another.

The president of the court Hendrik Steenhuis found the Russians Igor Gurkin and Sergei Dubinski and the Ukrainian Leonid Khartchenko guilty of murder and having played a leading role in the destruction of the plane, while the Russian Oleg Poulatov was acquitted.

However, it is unlikely that the three convicted will serve their sentences. They are in Russia and in the Ukrainian territories annexed by Moscow and their extradition is almost impossible.

All 298 passengers and crew died when the plane flying from Amsterdam to Kuala Lumpur went down in eastern Ukraine, a region controlled by pro-Russian separatists.

“The court is of the opinion that the crash of flight MH17 was caused by the firing of a BUK missile from an agricultural field near Pervomayskiy (in eastern Ukraine), killing all the passengers,” judge Steenhuis declared. “There is a lot of evidence to support this conclusion” such as a “fragment (…) of the missile found in the body of a crew member” in the cabin, he said.

The jury concluded that the three convicted men could be held responsible for transporting the missile from a military base in Russia and deploying it to the launch site, even if they did not fire it themselves.

There was insufficient evidence to prove the involvement of Oleg Poulatov, the only suspect who was represented by a lawyer during the trial, they added.

Russian involvement is clear, according to the Court

The court rejected an alternative hypothesis raised by the defense, which suggested the possibility of the involvement of a Ukrainian fighter plane.

Furthermore, the judges concluded that the Donetsk People’s Republic was “under the control of the Russian Federation” at the time of the demolition of MH17.

This means that the defendants are not entitled to claim immunity as combatants in an international conflict, as Russia “continues to deny to this day” that it controlled the region at the time.

Gurkin, 51, a former Russian spy turned “defense minister” of the breakaway Donetsk People’s Republic, was in contact with Moscow to obtain the missile system, according to the prosecution. He denied any involvement in the destruction of MH17.

The 60-year-old Dubinski, also linked to Russian intelligence, is believed to have been the head of military intelligence for the separatists, and the one who gave the orders to launch the missile.

His subordinates, Poulatov, a former Russian special forces soldier, and Khartchenko, 50, who reportedly headed a separatist unit, played a more direct role in moving the missile to the launch site, according to the indictment.

Moscow has denied any involvement in the tragedy and has refused to extradite any suspects, saying this is illegal under Russian law.

“A page impossible to turn”

Many of the victims’ relatives from around the world flocked to attend the verdict in a high-security court near Amsterdam’s Schiphol Airport, from where the Boeing 777 took off on July 17, 2014.

“Ask the relatives who have lost their children: it is impossible to turn the page,” Piet Ploeg, who lost his brother, sister-in-law and nephew, told the AFP news agency before the ruling. “But I really hope that today’s verdict allows them to distance themselves from what happened with flight MH17, to try to get on with their lives,” added Ploeg, who runs a foundation for the families of the victims.

The tragedy sparked global shock and outrage and led to sanctions against Moscow.

Opened in March 2020 with a sad reading of the names of the victims, the trial represents the end of a long search for justice for the victims’ relatives, from 10 countries. Among them were 196 Dutch, 43 Malays and 38 Australians.

With AFP and local media