The European court of human rights (ECHR) communicated a complaint against Ukraine in the case of the Boeing crash in Donbas in July 2014, reports “Kommersant”.
We are talking about the case of citizens of Germany Elena Joppe living in Australia Lowset Tim and Chris and Denise Kenke — relatives of three victims of the crash. In their complaint they claim that “the plane was under control of the Ukrainian service of air transport and operated by a licensed and qualified crew, and the Ukrainian authorities are unable to protect the lives of their relatives that “not completely closed the airspace over the region where the continuing military conflict and through which has passed the flight MH17”.
According to the applicant, “the authorities knew about the dangers of flights over zone of military conflict, but did not close the airspace.
The plaintiffs ‘ attorney, Almat Gimulla, writes “Kommersant” with reference to the media, said earlier that the plaintiffs demand from Ukraine payment of €1 million to the Ukrainian government, they argue, has not closed the airspace, not wanting to abandon the “millions of dollars”, which receives from the flight over the territory of more than 700 flights daily.
The ECHR has put before the government of Ukraine and applicant’s questions about what domestic remedies were at the applicants in Ukraine and whether these funds are exhausted before recourse to Strasbourg. In the complaint published in the media, “Kommersant” says that it was submitted directly to the ECHR; the plaintiff emphasize that, “given the political and legal situation in Ukraine”, they believe that their business “can’t get there an impartial and fair trial”. They refer in this case to precedents appeal to the ECHR directly.
The source of “Kommersant” close to the government of Ukraine, said that Kiev is innocent in the crash, “downed with uncontrolled territory system “Buk”. “At that time we had no information about what the system was delivered to Donbass from the territory of Russia, and considered high altitudes are safe to fly,” said he, adding that the Ukrainian side is not responsible “for the actions of the so-called authorities controlled areas” and cannot be sued on claims of relatives of victims of the crash.
In may, Reuters, citing the Australian Agency Fairfax Media reported that the relatives of the victims of the crash filed in ECHR lawsuit against Russia and President Vladimir Putin. It was reported that in it the plaintiffs demand compensation in the amount of $10 million for each victim. Later, the representative of the press service of the ECHR acknowledged receipt of the claim. He said that the number of applicants 33 a relative of victims from Malaysia, Australia and New Zealand.
Passenger Boeing was flying from Amsterdam to Kuala Lumpur. He crashed in Ukraine near Donetsk and fell on the territory occupied by the self-proclaimed militia Donetsk national Republic (DND). All aboard the aircraft 298 people were killed.
In October 2015, the security Council of the Netherlands presented the results of technical investigation according to which the plane was shot down by a missile “earth — air” with a warhead 9N314M of anti-aircraft missile complex “Buk”. The investigation did not answer the question of who shot down the plane.