Family of downed MH17 flight victims demand answers, justice, in three weeks of hearings 

SCHIPHOL, Netherlands (CN) — From across countries, time zones and backgrounds, 91 family members spoke before a Dutch courtroom about those they knew who died when Malaysia Airlines Flight 17 was shot down over Ukraine in 2014. 

It was the largest number of victims to address a court in Dutch history. For three weeks, relatives of the 298 killed — all 283 passengers and 15 crew members — exercised their right under Dutch law to tell the court how much they missed their children, parents and spouses and how the disaster altered their own lives forever.

“This was unique in Dutch criminal law,” Arlette Schijns, a lawyer for the victims’ family members, told the court during the conclusion of the hearings on Friday.

Four men are on trial for murder, charged with supplying the Buk surface-to-air missile that prosecutors say shot down the Boeing 777 as it was flying over eastern Ukraine on July 17, 2014. 

“I know they are dead and I will not see them again, but I can’t put an end to this process of saying goodbye, certainly not until those who are responsible for their deaths are found to be guilty for what they have done,” said Ria van der Steen, who lost her father and stepmother. She was the first person to speak when the hearings began earlier this month.

Three Russian men — Igor Girkin, Sergei Dubinsky and Oleg Pulatov — and one Ukrainian man, Leonid Kharchenko, are charged with 298 counts of murder.

But none of the suspects were present in the district courtroom: Kharchenko’s whereabouts are unknown and the other three men are living in Russia. Pulatov has retained counsel, while the other three are being tried in absentia. 

Many relatives were highly critical of the Russian Federation and of the country’s president, Vladimir Putin.

“I want the Russian president to stop lying and admit the shooting down of the plane,” said Lisa Clancy, via a statement read by her lawyer. She lost her brother-in-law and sister-in-law.

Moscow has denied any involvement in the crash, suggesting instead that it was the Ukrainian military that shot down the plane. A five-country joint investigation team, led by the Netherlands, concluded the plane was shot down by a Buk self-propelled, ground-to-air missile. The weapon was developed by the Soviet Union and is used by its successor state Russia to counter aircraft and certain bombs.

Some brought photos of their loved ones; others brought urns containing their relatives’ ashes. Jeanne Hornikx showed the court a bracelet she had made with the ashes of her daughter and her daughter’s boyfriend who were killed, like many others, traveling for vacation. Wim van der Graaff brought his son’s blue backpack, which somehow survived the disaster intact. 

The Netherlands has taken on the prosecution because nearly 200 of the victims were Dutch. The case is being heard before the District Court of the Hague, though the hearings are being held at a secure facility near Schiphol airport, where the plane departed en route to Kuala Lumpur. 

Most of the relatives who spoke were present in the courtroom, but many, especially those living abroad, chose to speak virtually. Some sent prerecorded videos or had their statements read by a lawyer. Hundreds more submitted written statements are to be added to the case file.

Victims were encouraged to speak about how the tragedy impacted their own lives as well.

“Inside, I am wounded and broken. I don't see how these wounds can ever heal,” said Bronwyn O’Brien, who lost her brother in the crash, to the court. Nearly all spoke of psychological problems, struggling with sleeping and doing everyday tasks. Many lost their jobs because they were unable to function. Several spoke of wanting to kill themselves. 

Ukrainian voters had overthrown the country’s pro-Russian government months before the tragedy, and Russia responded with the annexation of Crimea, a peninsula extending from Ukraine’s southern coast. Ten countries with citizens on the plane attempted an international tribunal to investigate the tragedy but were blocked by Russia at the United Nations.

Preliminary hearings began more than a year ago, in March 2020, with the prosecution reading out the names of all 298 victims of the disaster. The trial finally started on the merits in June. The court doesn’t expect to reach a verdict until late 2022. 

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