Justice
elusive 3 years from MH17 crash in east Ukraine
Relatives
still await justice for downing of Malaysia Airlines civilian flight MH17 over
eastern Ukraine three years ago
Air
crash investigator inspects the crash site of Malaysia Airlines Flight MH17,
near the village of Hrabove (Grabovo) in Donetsk region, Ukraine, July 22, 2014
[File: Maxim Zmeyev/Reuters]
by
Loes Witschge is a journalist and producer at Al Jazeera English
online.
When he walked onto the crash site,
Robby Oehlers was hit by grief and the smell of kerosene. "[The smell] was
still so penetrating, it made my eyes burn," Oehlers says.
He had a list of items that his cousin
Daisy and her boyfriend Bryce had brought with them. "They had travelled
with a light blue suitcase, which was one of the first things I saw. I took a
picture and sent it home, but it wasn't theirs."
Three months before, on July 17, 2014,
Daisy, 20, and Bryce, 23, had boarded flight MH17 on their way to a holiday in
Bali. But about three hours into the flight from Amsterdam, the Netherlands, to
Kuala Lumpur, Malaysia, the Boeing
777 was hit by what an international team of investigators have said was a
surface-to-air BUK missile
launched from an area in eastern Ukraine that, at
the time, was controlled by pro-Russian separatists.
The Malaysia Airlines aeroplane disintegrated in
the sky and there were no survivors among the 298 passengers and staff.
Oehlers, a singer from the Netherlands, had grown
impatient in the months after the downing of the flight. When, in October,
Daisy's remains still had not been identified, he decided to take matters into
his own hands and visit the crash site in hopes of finding a trace of his
disappeared relative.
"On television, I had seen there
was still a lot of stuff lying around at the crash site. Not just wreckage, but
personal belongings like passports, too. I thought if that stuff hasn't been
picked up, they just haven't looked hard enough - she must still be lying there
among the debris," he told Al Jazeera in December 2014.
For some time, Oehlers surveyed the
field. "I recognised the fabric that had covered the seats and I could see
bones. I saw a toy with a name written on it in children's lettering and a pair
of shoes near the cockpit," he says. "There were so many things lying
around there. I thought, 'How dare they leave this here for so long?'"
Initial recovery efforts for MH17 were
hampered by the fact that the plane's wreckage fell down scattered across a
rural part of eastern Ukraine where pro-Russian separatists were at war with
Ukraine's armed forces. It took 24 hours for the first international
responders, a team of observers from the Organisation for Security and
Co-operation in Europe, to arrive at the scene. Human remains lay on farm
fields for days, exposed to Ukraine's hot summer temperatures.
With 196 victims coming from the
Netherlands, the small European country was hit hardest by the tragedy.
Forty-two victims were of Malaysian nationality, and 27 Australians lost their
lives.
Repatriation got under way on July 23,
when the bodies of 40 victims were flown back to the Netherlands. On May 2,
2015, the Dutch government announced the repatriation mission had been
concluded. But when a Dutch journalist found a piece of bone on the crash site
that turned out to belong to one of the victims in January 2017, victims'
relatives called for another search of the site where the debris had come down.
Malaysian Airlines flight MH17 lost contact with
air traffic control less than three hours into the flight and crashed about
40 kilometres from the border with Russia [Cassandra Ede/EPA]
|
Elusive justice
From the outset, Russia has denied
any involvement. They initially claimed that flight MH17 was shot down by a
Ukrainian fighter jet and later said that if a missile was responsible for the
downing of the plane, it would have been launched from Ukraine-controlled
territory.
A criminal
investigation has been carried out by a joint investigation
team (JIT) set up by the Netherlands - which plays a coordinating role - Australia, Belgium,
Malaysia and Ukraine. But three years after the crash, not a single suspect has
been named - and questions have been raised about whether a trial will ever
take place at all.
Oehlers is pessimistic about the
prospect of seeing someone prosecuted for the death of his cousin. "[The
chance of it happening is] very small," he says. "I think bigger
political interests will outweigh those 298 victims."
On September 28, 2016, the JIT
released a report which claimed investigators had obtained "irrefutable
evidence" to establish that the plane had indeed been shot down by a BUK
missile from an agricultural field near Pervomaiskyi, at the time controlled by
pro-Russian fighters. They also announced they had identified about 100
people who could be linked to the downing of the plane, or the transport of the
responsible launcher.
Further investigation of these persons
is currently under way, but it is unknown when the prosecutors will be able to
name potential culprits.
"There is no planning, there is
no timeline," JIT spokesperson Wim de Bruin tells Al Jazeera. "We
keep repeating that this process will take a long time."
On July 5, the Dutch government
announced that the five countries forming part of the JIT agreed to let
prosecution and sentencing take place in the Netherlands. The option of setting
up a special United Nations tribunal
was vetoed by Russia two years ago.
The announcement did not go into what
the chances of a trial actually taking place are. "The decision [to
hold a trial in the Netherlands] wouldn't have been made if there wasn't the
conviction that [the investigation] would lead to a trial," de Bruin says.
He concedes that a trial might happen in the absence of suspects.
For Dutch member of parliament Pieter
Omtzigt the investigation is taking "too long". He suspects Russia
and Ukraine have deliberately slowed the process down by withholding
information - most notably radar imagery.
"As a politician, I can't and
won't look into the work of the independent judiciary branch, but it seems very
apparent that some countries didn't cooperate with us," Omtzigt tells Al
Jazeera.
Ukraine never handed over primary
radar data, claiming that its installations were broken or down for maintenance
at the time. "That's not very credible when you're at war, to turn off all
radar at the same time," Omtzigt says. Russia failed to produce primary
radar imagery until two days before the release of the JIT's September 2016
report - and even then it was only half of what they earlier reported they
had.
Time stopped
"There's a life before July 17,
2014, and a life after July 17, 2014. That was the case for us back then and
it's still the case now," says Evert van Zijtveld, the Dutch president of
the foundation for relatives of MH17 victims.
Van Zijtveld's old life ended that day
not long after 5pm, when he got home from the last day of work before he and
his wife would go on vacation. In the morning, he had taken his two children
Frederique, 19, and Robert-Jan, 18, as well as his parents-in-law to Schiphol
airport. Frederique had recently graduated from high school and Robert-Jan was
about to enter his final year of high school - their grandparents wanted to
reward them for their achievements with a vacation in Indonesia.
"When I got home, I received a
phone call from a relative who asked me what airplane my children and in-laws
had been in. He told me a plane had gone missing, and that's when I knew,"
van Zijtveld tells Al Jazeera.
"It's three years ago, for
everybody else that's a very long time," he says. "But for us, it's
like it happened yesterday. Time stopped on July 17, 2014."
It's very simple:
our loved ones have been murdered and the killers are walking free somewhere
in the world. They have to be arrested, they have to appear in a court of law
and they have to be punished
Evert van Zijtveld
|
For van Zijtveld, the first few months
after the downing of the plane felt like he was living in a film, but they were
only the first part of a harrowing journey for him and his wife, Grace. After
Frederique and Robert-Jan were buried, remains belonging to them were
identified on more than one occasion.
Van Zijtveld and his wife opened the
grave once, but decided against it when more remains were found. Instead, they
cremated them and scattered the ashes on the ground of the national monument
which will be inaugurated on the third anniversary of the crash: a memorial
forest with 298 trees planted in the shape of a ribbon.
Van Zijtveld visited the military
airbase in Gilze-Rijen where wreckage of the Boeing has been reassembled for
the investigation. The victims' relatives foundation he heads waged a lengthy
battle to get access to security camera footage of the victims captured at
Schiphol airport - the last available moving images of their loved ones. And
van Zijtveld voraciously researches what is being written and said about the
crash.
"Everything that has to do with
what happened to MH17 is important to me, it doesn't matter what," he
says.
Putting the pieces together
Amid the many official reports,
deliberate misinformation campaigns and conspiracy theories - one of which
asserted the CIA had planted a
bomb on the aircraft - circulating online, a wealth of research has been
published by Bellingcat, a website by "citizen investigative
journalists" who rely on publicly available information such as YouTube
videos and Google Maps for their reporting.
The website is headed by Eliot Higgins,
who was formerly known under his alias, Brown Moses, and has a track record of
breaking news stories on the Syrian conflict through his open-source
investigations.
"Very quickly after the event
people started digging stuff out," he tells Al Jazeera. "There's so
much material compared to Syria, because pretty much anyone can post what they
like - there was just so much to find."
Bellingcat has published a series of
reports in which the citizen journalists claim to have identified the exact BUK
missile launcher that shot down the plane, the route by which it had been
transported from Russia and the exact wheat field from which the missile had
been fired - a finding which was vindicated by the September 2016 JIT report.
Criticism - not least by Russian media - has left
Higgins and his team unperturbed and, in January 2016, the collective went as
far as handing a list with the names of about 20 Russian soldiers who they
thought were involved in the downing of the plane to prosecutors in the
Netherlands.
Higgins admits to having felt
frustrated early on about the fact that the JIT still has not announced any
names of suspects, but he has since come round. "We've come to realise that
they get one chance to get this right," he says.
Van Zijtveld trusts that investigators
are doing everything in their power to gather the evidence necessary to convict
the perpetrators of the downing of flight MH17, but stresses that he wants to
keep seeing progress. "We think it's taking a long time and we've said
that as the relatives of the victims we have no patience for the Dutch public
prosecution or the JIT countries. They need to show us they are taking steps,
otherwise we will get restless," he says. "And they've showed us
that."
International politics, van Zijtveld
continues, should be no excuse for slowing down the search for the truth:
"It's very simple: our loved ones have been murdered and the killers are
walking free somewhere in the world. They have to be arrested, they have to
appear in a court of law and they have to be punished."
Looking back on his trip to eastern
Ukraine nearly three years on, Oehlers is glad that he went. Like van Zijtveld,
Oehlers still follows the news on MH17 closely - he spends about two hours a
day gathering information online in hopes of finding answers about what
happened to his cousin.
"If I wouldn't have gone myself,
I would have been completely lost in what everybody is saying online, on
Twitter and in the investigations. I might have gone in the direction of
[believing] conspiracy theories," he says.
"Now, because I've seen the crash
site myself, at least there are some things I can rule out."
In Ukraine, Oehlers never did find
anything that belonged to Daisy or Bryce. But a day before he left eastern
Ukraine he received a phone call from back home. Daisy had been identified by
her hip bone.
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