Russia responsible for downing of MH17 – ECtHR
The European Court of Human Rights (ECtHR) has found that Russia was responsible for violating the right to life under the European Convention on Human Rights (ECHR) by shooting down Malaysian Airlines passenger flight MH17 in 2014.
In a judgment issued today (9 July), the court also held Russia accountable for “widespread and flagrant” abuses of human rights arising from the conflict in Ukraine since 2014, in breach of the convention.
The cases were taken against Russia by Ukraine and the Netherlands. Many of those killed on MH17 were Dutch nationals, as the flight had been travelling from Amsterdam to Kuala Lumpur.
Russia ‘exercised control’
The court held unanimously that, between 11 May 2014 and 16 September 2022, when Russia ceased to be a party to the ECHR, there had been patterns of violations of several articles of the convention.
These included articles on the right to life, the prohibition of torture, prohibition of forced labour, and freedom of expression.
The ECtHR found that Russia had had jurisdiction, giving rise to ECHR obligations, in respect of the territory that it had occupied in Ukraine.
It also concluded, unanimously, that Russia had exercised authority and control over individuals affected by its military attacks across Ukraine and that these individuals had therefore been within its jurisdiction.
“Russia was responsible for acts and omissions of the Russian military and of the separatist entities in eastern Ukraine,” the court found.
“Taken as a whole, the vast volume of evidence before the court presented a picture of interconnected practices of manifestly unlawful conduct by agents of the Russian state (Russian armed forces and other authorities, occupying administrations, and separatist armed groups and entities) on a massive scale across Ukraine,” the judges stated.
‘Cavalier attitude’
On flight MH17, the court referred to an investigation carried out by an international joint investigation team and a first-instance criminal court in the Hague.
It said that Russia had failed to take any measures to ensure accurate verification of the target of the missile or to safeguard the lives of those on board, “showing a cavalier attitude to civilians at risk from its hostile activities”.
It had also failed to carry out an effective investigation into the downing and had failed to co-operate with the international team, the judges found, adding that Russia had provided “inaccurate or fabricated information” and adopted “an obstructive approach” to attempts to uncover the cause and circumstances of the crash.
The court referred to the grief and distress caused to the families of the victims.
“Because of Russia’s refusal to arrange for the crash site to be secured, it took eight months to complete the recovery of the bodies,” it said.