In 2020, the Netherlands submitted a state complaint to the ECHR regarding Russias responsibility for the downing of flight MH17 on July 17, 2014, over eastern Ukraine. All 298 passengers died, including 196 Dutch citizens.
The judgment of the European Court of Human Rights (ECHR)
This is the second time in a short period that it has been established at the international level that Russia has violated international law by downing flight MH17. The ECHR ruled in favor of the Netherlands on 4 human rights violations by Russia, as recorded in the European Convention on Human Rights:
- Russia is responsible for the downing of flight MH17 and the death of all passengers (Article 2 – right to life, substantive).
- Russia did not conduct an adequate investigation and insufficiently cooperated with requests for information from the Netherlands and the Joint Investigative Team (Article 2 – right to life, procedural).
- The lack of cooperation from Russia and the continued denial of any involvement in the downing of flight MH17 causes additional suffering for the survivors (Article 3 – prohibition of torture and inhuman treatment).
- Russia has not provided remedies for the survivors (Article 13 – right to an effective remedy).
Minister of Foreign Affairs Caspar Veldkamp: ‘The judgment of the European Court of Human Rights is crystal clear: Russia is responsible for the downing of flight MH17 and the death of all passengers, including 196 Dutch citizens. What we have known and felt all along has now been confirmed once again. An important step towards justice.
Russia is also responsible for the additional suffering caused to the survivors by denial and lack of cooperation. Nothing can take away this suffering and grief, but I hope that the judgment provides a sense of justice and recognition.’
Next steps
The procedure at the ECHR has so far focused on establishing the human rights violations. Now that the violations have been established, the ECHR can determine the consequences of those violations and assess damages. In this follow-up procedure, the Netherlands will remain in close contact with the survivors regarding any potential compensation.