The Prosecutor rejected the accused in the case of MH17 the immunity of combatants
The defendants in the case about the crash of the Malaysian Boeing (flight MH17) in Eastern Ukraine in 2014, MH17, said the Prosecutor of the Netherlands ward Ferdinandusse at the hearing of the court on Wednesday.
Hearings on the case of MH17 in the judicial complex Schiphol in the Netherlands was renewed on 8 June.
Dutch lawyer Sabine ten Doeschate stated that the defense may raise the question of the legitimacy of the proceedings against her client of Russian Oleg Pulatova, as it could probably claim combatant immunity as a party to the armed conflict in Eastern Ukraine. The other three defendants did not claim and do not claim such immunity, because they are not presented in the court of protection.
"This status is used only in internationally recognized military conflicts... the perpetrators of violence during armed conflict may be prosecuted in the same way as in peacetime. An exception may be made only to persons belonging to the armed forces of a state engaged in international armed conflict: immunity of combatants. In accordance with this exception, these persons enjoy immunity and therefore cannot be held liable in any other country," explained the Prosecutor.
In practice, the conflict in Ukraine international, recognized by the observation of conflict deals with one of the largest international organizations – the OSCE, as well as to discuss settlement, there is "channel four" with the participation of Russia, Ukraine, France and Germany.
With regard to the situation in the East of Ukraine, as he said, the relationship between the self-proclaimed DND and the Russian Federation directly and denied as DNI, and Russia, and so this conflict is not a conflict between the two States.
"So... none of the suspects did not claim the immunity of combatants and not recognize that they are under the control or authority of the Russian Federation", - said Ferdinandusse.
The Russian Federation has repeatedly stated that it is not a party to domestic conflict in the Donbass, which began in 2014, does not provide the militia with weapons and sending military there. Russia has repeatedly stated that it is interested in the soonest resolution of the conflict.
The court in the case of the crash of flight MH17 began March 9, 2020. The case involves four defendants - Russians Igor Girkin, Sergey Dubinsky, Oleg Pulatov and Ukrainian Leonid Kharchenko. Pulatova on the court represents an international group consisting of two Dutch and one Russian lawyer. The other suspects tried in absentia.
Malaysian Boeing flying from Amsterdam to Kuala Lumpur flight MH17, crashed on July 17, 2014 under Donetsk. On Board were 298 people, they all died. Kiev has blamed the disaster militias, those announced that did not have the means that would shoot down aircraft at this altitude.
A joint investigation group (SSG) under the leadership of the Prosecutor General of the Netherlands without the participation of the Russian Federation is conducting an investigation into the crash, has previously presented the interim results. The investigation claims that Boeing was shot down by anti-aircraft missile complex "Buk", belonging to the 53rd antiaircraft missile brigade of the armed forces of the Kursk.
The Russian foreign Ministry said that the accusations of SSG in the Russian involvement in the collapse of the Malaysian Boeing unfounded and regrettable, the investigation is biased and one-sided. Later, President Vladimir Putin noted that Russia does not allow for the investigation of the crash of the airliner in Eastern Ukraine, and Moscow may recognize the results of the investigation, if it is to be meaningful. All rocket motor which showed the Dutch Commission for the investigation of the crash MH17, was disposed of after 2011, said the Ministry of defense of Russia. Press Secretary of the President Dmitry Peskov has repeatedly stated that Moscow categorically rejects allegations of involvement in the collapse of the Malaysian Boeing.