Russia may not execute the decision of the ECHR in the case of MH17, says expert
Russia after the adoption of the amendments to the Constitution shall be entitled not to execute the decision of the ECHR in the case of MH17, if it would violate the Basic law and the rule of law, said international lawyer, associate Professor, Ranepa Kira Sazonova.
The Dutch government on Friday announced the decision to file a lawsuit against Russia with the European court of human rights (ECHR) in connection with the crash of flight MH17. The government will provide the court with all available and relevant to disaster information. Thus the authorities maximum support to the relatives of crash victims who had previously filed individual lawsuits against Russia.
According to her, the evidence base of the case MH17 over five years "endlessly varied, and countries involved were constantly changing position."
"I'm serious evidence do not see, and the accusations are. When you have an upcoming court hearings there is a strong evidence base, I always start to torment doubts. I see no basis for evidence, but based on the experience of the decisions of the most different bodies and in particular the ECHR, which have been in recent years, I think it will be a sentence that is not like us. While it will not be justified by anything, because the things we observed (evidence for the accusations against Russia), they were associated mainly with some mounted the intercepted conversations, social networking accounts. For the court it looks not serious", - she told RIA Novosti.
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 Russia are investigating the circumstances of the crash, had earlier 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.
As stated by RIA Novosti Deputy Prosecutor General of Russia Nikolai Vinnichenko, the Russian side handed over to the Netherlands not only the data of the Russian radars, but also documentation showing that the missile SAM "Buk" that struck the Boeing belonged to Ukraine, and she was fired from the territory controlled by Kiev, but this information, the investigators ignored. In the first hearing, the prosecution acknowledged that it has received and is studying the data of the Russian Prosecutor's office.
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. 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.
The court in the case of the crash of flight MH17 has begun in the Netherlands March 9, 2020. On it are four defendants - 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. A court in the Netherlands has caused the suspects in the case of the crash of flight MH17 in Eastern Ukraine for the next block of hearings, which will begin August 31.
At previous hearings in the case were the defense and the prosecution. The defense asked for further investigation of the scenario in which MH17 was shot down by military aircraft, to investigate the circumstances under which Kiev did not close the airspace in the conflict zone, as well as translate the thing to Russian language. The prosecution urged to refuse satisfaction of the request of protection and reiterated that the plane was shot down by the militia of a Buk missile system. According to protection, the authorities of the Netherlands separately from the trial on the crash are investigating why it wasn't closed the sky over a conflict zone in Eastern Ukraine. Request for translation of all business into Russian was rejected, legal experts called the decision inconsistent with legal norms.
Earlier in the hearings this month, the defense was asked to make a second request to the United States on satellite data, which allegedly recorded a missile at the Malaysian Boeing. The Prosecutor Thijs Berger said in response that the prosecution is not going to make a second request.
The court found justified a second request to the United States for satellite images of the crash site of MH17. Later the Prosecutor's office in the Netherlands explained to RIA Novosti the terms of the second request in the U.S. for MH17: first, the investigating judge must examine the request and figure out how and under what conditions it would be possible to obtain these data. Thus, the Prosecutor first will wait for this response before taking any action, said the Agency.
It was reported that the United States informed the Netherlands that they are unable to provide additional data about the rocket launch at the Boeing document, which was sent to them in 2014. According to the presiding judge Hendrick of Stinasu, the court asked the American side, is it possible to add to the case classified satellite images showing the launch and which were transferred to special services of the Netherlands. The Prosecutor responded that the request was framed in the U.S. in 2014, then in response there was only a Memorandum, without pictures.