Trial of 4 suspects in downing of flight MH17 opens

Presiding judge Hendrik Steenhuis and other judges take their seats for the trial of four men charged with murder over the downing of Malaysia Airlines flight 17 near Amsterdam on Monday, March 9, 2020. (AP)
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Updated 09 March 2020
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Trial of 4 suspects in downing of flight MH17 opens

  • A Buk missile blew Malaysia Airlines Flight 17 out of the sky above conflict-torn eastern Ukraine in 2014
  • US Secretary of State Mike Pompeo welcomed the start of the trial

SCHIPHOL, Netherlands: Three Russians and a Ukrainian went on trial in the Netherlands on Monday, charged with multiple counts of murder for their alleged involvement in the 2014 downing of Malaysia Airlines Flight 17, which killed all 298 people aboard.
As expected, the suspects did not appear in the courtroom.
It’s a day that has been a long time coming for family and friends of those killed on July 17, 2014, when a Buk missile blew MH17 out of the sky above conflict-torn eastern Ukraine.
Five black-robed judges — three who will hear the case and two alternates — filed silently into a packed courtroom on the edge of Schiphol, the airport from which the doomed flight took off, heading for Kuala Lumpur in Malaysia. A small number of family members of victims were in court, others watched proceedings via a video link from a conference center in the central Netherlands.
Among those in court was Piet Ploeg, who lost his brother, Alex, his sister-in-law and his nephew. Ploeg sat in court, his hands folded in front of him, listening attentively as the case started.
“Next of kin want justice, simple as that,” he said. “We want justice for the fact that 298 people are murdered, and this court and the hearings (that) will start today will give us more clarity about what happened, why it happened and who was responsible for it.”
Presiding Judge Hendrik Steenhuis said the criminal file in the case contains some 36,000 pages and “an enormous amount of multimedia files.”
Examining the evidence “will be a very painful and emotional period. There are many victims and of course because of that there are many next of kin,” Steenhuis said.
Jon and Meryn O’Brien flew all the way from Sydney to witness the start of the unprecedented Dutch trial, hoping for justice for their son Jack.
“The trial is important because the truth still matters,” Jon said on the eve of the trial. “You shouldn’t be able to murder 298 people and for there to be no consequences, regardless of who you are. So, it’s important the truth about that is told.”
The O’Briens were among families who arranged 298 white chairs in rows resembling aircraft seating outside the Russian Embassy in The Hague on Sunday to protest what they see as Moscow’s deliberate attempts to obscure the truth about what happened.
After a painstaking investigation spanning years, an international team of investigators and prosecutors last year named four suspects: Russians Igor Girkin, Sergey Dubinskiy and Oleg Pulatov as well as Ukrainian Leonid Kharchenko. More suspects could face charges as the investigations continue.
Under Dutch law, the trial can continue even if the suspects don’t show up. One suspect, Pulatov, hired a firm of Dutch lawyers to represent him. The lawyers involved declined to comment. He also had a Russian lawyer in court, Steenhuis said.
Russia has consistently denied involvement in the downing, even after prosecutors alleged that the Buk missile system which destroyed the passenger plane was transported into Ukraine from the Russian 53rd Anti-Aircraft Missile Brigade’s base in Kursk and the launching system was then returned to Russia.
In Moscow last week, Foreign Ministry spokeswoman Maria Zakharova accused investigators of presuming Russia’s guilt.
In a statement, British Foreign Secretary Dominic Raab called the trial “an important milestone toward accountability for the shooting down of MH17” and the deaths of 298 people, including 10 Britons.
Raab said Russia “must now cooperate fully with this trial in accordance with UN Security Council Resolution 2166. There can be no impunity for those responsible for this appalling crime.”
US Secretary of State Mike Pompeo welcomed the start of the trial and called on Russia “to cease its continuing aggressive and destabilizing activities in Ukraine.”
The case is a regular Dutch criminal trial with an unprecedented number of victims.
At Monday’s opening, the judges will take stock of the investigation and consider whether further investigations are necessary before deciding how to continue, said legal expert Marieke de Hoon of Amsterdam’s Vrije University.
“So, it’s a little bit of both is both ordinary and extraordinary at the same time,” De Hoon said.
Under Dutch law, family members are allowed to make victim impact statements and seek compensation. That will likely happen sometime later this year.
“For me, the most important thing (is) will there be enough evidence that the judge can make a conclusion: Guilty,” said Anton Kotte, who lost three family members. “If that’s the case then I will be satisfied because I know at that moment another level will be attacked — a political level will be attacked worldwide in the direction of Russia.”


EU leaders work into the night to ease Belgian fears of Russian retaliation over a loan to Ukraine

Updated 58 min 32 sec ago
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EU leaders work into the night to ease Belgian fears of Russian retaliation over a loan to Ukraine

BRUSSELS: European Union leaders worked into the night on Thursday, seeking to reassure Belgium that they would provide guarantees to protect it from Russian retaliation if it backs a massive loan for Ukraine. Ukraine’s Volodymyr Zelensky meanwhile pleaded for a quick decision to keep Ukraine afloat in the new year.
At a summit in Brussels with high stakes for both the EU and Ukraine, leaders of the 27-nation bloc discussed how best to use tens of billions of euros in frozen Russian assets to underwrite a loan to meet Ukraine’s military and financial needs over the next two years.
The bulk of the assets — some 193 billion euros  as of September — are held in the Brussels-based financial clearing house Euroclear. Russia’s Central Bank launched a lawsuit against Euroclear last week.
“Give me a parachute and we’ll all jump together,” Belgian Prime Minister Bart De Wever told lawmakers ahead of the summit. “If we have confidence in the parachute that shouldn’t be a problem.”
Belgian concerns over Russian pressure
Belgium fears that Russia will strike back and wants the bloc to borrow the money on international markets. It says frozen assets held in other European countries should be thrown into the pot as well, and that its partners should guarantee that Euroclear will have the funds it needs should it come under legal attack.
An estimated 25 billion euros  in Russian assets are frozen in banks and financial institutions in other EU countries, including France, Germany and Luxembourg.
The Russian Central Bank’s lawsuit ramped up pressure on Belgium and its EU partners ahead of the summit.
The “reparations loan” plan would see the EU lend 90 billion euros  to Ukraine. Countries like the United Kingdom, which said Thursday it is prepared to share the risk, as well as Canada and Norway would help make up any shortfall.
Russia’s claim to the assets would still stand, but the assets would remain locked away at least until the Kremlin ends its war on Ukraine and pays for the massive damage it caused.
In mapping out the loan plan, the European Commission set up safeguards to protect Belgium, but De Wever remained unconvinced and EU envoys were working late on Thursday to address his concerns.
Zelensky describes it as a moral question

Soon after arriving in Brussels, the Ukrainian president sat down with the Belgian prime minister to make his case for freeing up the frozen funds. The war-ravaged country is at risk of bankruptcy and needs new money by spring.
“Ukraine has the right to this money because Russia is destroying us, and to use these assets against these attacks is absolutely just,” Zelensky told a news conference.
In an appeal to Belgian citizens who share their leader’s worries about retaliation, Zelensky said: “One can fear certain legal steps in courts from the Russian Federation, but it’s not as scary as when Russia is at your borders.”
“So while Ukraine is defending Europe, you must help Ukraine,” he said.
Allies maintain support for Ukraine
Whatever method they use, the leaders have pledged to meet most of Ukraine’s needs in 2026 and 2027. The International Monetary Fund estimates that would amount to 137 billion euros .
“We have to find a solution today,” European Commission President Ursula von der Leyen told reporters. EU Council President António Costa, who is chairing the meeting, vowed to keep leaders negotiating until an agreement is reached, even if it takes days.
Polish Prime Minister Donald Tusk said it was a case of sending “either money today or blood tomorrow” to help Ukraine.
If enough countries object, the plan could be blocked. There is no majority support for a plan B of raising the funds on international markets, although that too was being discussed at the summit.
German Chancellor Friedrich Merz said that he hopes Belgium’s concerns can be addressed.
“The reactions of the Russian president in recent hours show how necessary this is. In my view, this is indeed the only option. We are basically faced with the choice of using European debt or Russian assets for Ukraine, and my opinion is clear: We must use the Russian assets.”
Hungary and Slovakia oppose a reparations loan. Apart from Belgium, Bulgaria, Italy and Malta are also undecided.
“I would not like a European Union in war,” said Hungarian Prime Minister Viktor Orbán, who sees himself as a peacemaker. He’s also Russian President Vladimir Putin’s closest ally in Europe. “To give money means war.”
Orbán described the loan plan as a “dead end.”
High stakes for the EU

The outcome of the summit has significant ramifications for Europe’s place in negotiations to end the war. The United States wants assurances that the Europeans are intent on supporting Ukraine financially and backing it militarily — even as negotiations to end the war drag on without substantial results.
The loan plan in particular also poses important challenges to the way the bloc goes about its business. Should a two-thirds majority of EU leaders decide to impose the scheme on Belgium, which has most to lose, the impact on decision-making in Europe would be profound.
The EU depends on consensus, and finding voting majorities and avoiding vetoes in the future could become infinitely more complex if one of the EU’s founding members is forced to weather an attack on its interests by its very own partners.
De Wever too must weigh whether the cost of holding out against a majority is worth the hit his government’s credibility would take in Europe.
Whatever is decided, the process does not end at this summit. Legal experts would have to convert any political deal into a workable agreement, and some national parliaments may have to weigh in before the loan money could start flowing to Ukraine.