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Monday, October 24, 2016

The conclusions of the Dutch Commission radically at odds with the Russian data

Russia has strongly criticized in the Netherlands, presented the progress report of the Downing in 2014 the Malaysian “Boeing”. The document says that those responsible for the death of the ship, the Commission considers the militias and missile system entered the territory of Ukraine from Russia. The data concern “Almaz-Antey” in two points fundamentally differ from those submitted by the Netherlands.

The report, published on 28 September, is the result of an investigation conducted by a group of international experts. It comprises representatives of the Netherlands, Australia, Belgium, Malaysia, UK, Germany, Philippines, Canada, New Zealand, Indonesia, USA and Ukraine. Russian representatives in the Commission no. The investigation itself is carried out under the auspices of the Prosecutor’s office of the Netherlands. The conclusions were presented at a press conference with the participation of representatives of the investigation team, including the coordinator of the investigation of the country’s General Prosecutor Fred Westerbeke.

“In the simulation of the crash, the Commission used data about American missile, in principle, different from the rocket of “Buka”

The Commission argues that it is precisely established: the plane died as a result of technical failure, act of terrorism aboard or attack aircraft. He was downed by a 9M38 missile with a warhead 9Н314М anti-aircraft missile complex “Buk”, and the complex was delivered from Russia and then returned, quotes “Interfax” the head of the investigation Department of the police in the Netherlands Gilbert Paulissen.

The plane Malaysian airline Malaysia Airlines, flying from Amsterdam to Kuala Lumpur that crashed on 17 July 2014 in the Donbass, near the village of Hrabove, near Torez. 283 passengers and 15 crew members were killed. In accordance with the rules of the international civil aviation (ICAO), the technical investigation was conducted by the Dutch security Council. A preliminary report was published on 9 September 2014, 15 October 2015 came out and the final report of the security Council.

The General meaning of these documents is clear: the plane was shot down from the ground the 9M38 missile with a warhead 9Н314М complex “Buk”. A model rocket and the warhead, as will be discussed below, is of fundamental importance. The direct culprit is not explicitly named. The fact that the radius of a rocket launch covers an area of 320 sq km, it includes including the territory controlled by militias. Under the control of the Ukrainian armed forces, the village zaroshchens’ke, which, according to the version presented by the Corporation “Almaz-Antey”, and launched a rocket, in this range, as stated in the Dutch research Council, is not included.

Central to the investigation of the international group was that its authors promised to tell the exact location from which it was launched missile. This place is called the village of Pervomayskoe, near the village of Snow, which was controlled at that time by the militias. This finding coincides with what was previously done and published by British research group Bellingket”. Also in the function of the Commission of inquiry included the establishment responsible for the tragedy. Their names are not sounded.

“Until we installed 100 people that are directly or indirectly involved. These people are not automatically suspects,” said Fred Westerbeke. In his words, “to declare them suspects, we need to establish a chain of command – from whom came the order to launch and how it was transmitted. This will allow you to identify who is involved will be a suspect and who is a witness.”

However, it should be noted that on the website of the police of the Netherlands was still named two people who, in the opinion of the Commission, may be involved in the tragedy: this one Andrey Callsign “Orion” and Nikolay Fedorovich Callsign “Dolphin”. This is fully consistent with the allegations “Bellignat”.

As for Russia, it does not appear in the report as the culprit. But, as intimated Westerbeke, this is possible in the future. “We are not making statements about the involvement of Russia”, – he said.

Final, final part of the report will be published in late 2016 – early 2017. It is expected, and will place all the emphasis. However, Russian experts doubt that it will happen.

“Clear the perpetrators, the report will still not be named, predicted in an interview with the newspaper LOOK military political scientist Alexander perendzhiev. – Is just a statement that the plane was shot down, maybe out, and may not be there.” In his opinion, if the international team has established that a rocket started from the Ukrainian side, it can not this information to publish for political reasons. Apparently, this assessment of the work of the investigation team and will push the Russian side.

The Russian foreign Ministry called the findings politically motivated. “Russia is disappointed that the situation around the investigation of the disaster Boeing does not change,” – said in a statement on the foreign Ministry website. The official representative of the Ministry Maria Zakharova said that “Russia had originally proposed to work together and to rely only on the facts”: “Instead, the international investigators have removed Moscow from full participation in the investigative process, relegating our efforts only a minor role. Sounds like a bad joke, but in Ukraine they have made a full member of the SSG, giving her the opportunity to tamper with evidence, and wrap the case in their favor.”

As the press-Secretary of Russian President Dmitry Peskov has already declared no confidence in the conclusions of the Commission, which refused to take into account the data provided by the Russian side. “There are irrefutable facts. (Impossible) to draw any conclusions without considering the latest information that was published by our military, namely the primary radar data, which recorded all aircraft or objects that could start or be in the air on the territory controlled at that time by the militias,” he said. It is worth noting that an international investigation team had previously stated that he does not consider previously submitted by the Russian side the data convincing. They are too at odds with the information of the Commission, particularly in two fundamental things, namely regarding the damaging elements of the rocket and its launch.

So, according to the report, at the scene were found the characteristic submunitions (tees). This is a fundamental point, because the modification 9M38 missiles in service with the Russian army, I mean, Ukraine has such missiles there. The Ukrainian army are Soviet versions of “Books”, including the 9M38M1 missile, which was filmed in Russia, with production in 1999, and has I-beams. She, as suggested by the Corporation “Almaz-Antey”, and the plane was shot down. According to this version, the 9M38M1 missile that hit the Boeing, had a warhead 9М314. According to the Corporation, at the scene I found.

Russia also insists that the Commission called the wrong location of the shot. “The missile approached the aircraft with a significant intersection of the course in the horizontal plane 72-78 degrees, vertical – 20-22 degrees. The most likely area where he could be fired a rocket, is the area of settlement zaramensky (controlled at the time of the tragedy the Ukrainian security forces),” – said at a press conference in Moscow, the adviser of the chief designer of “Almaz-Antey” Mikhail Malyshev. The Corporation further argues that in the simulation of the crash, the Commission used data about American missile, in principle, different from the rocket of “Buka”.

Of particular importance is the question, what are the practical implications of the investigations carried out by international experts. We already know that any international Tribunal on the case will not. It is not only the failure of past attempts of this kind: Russia, as you know, has blocked the initiative in the UN security Council, finding it legally ill-defined.

The idea of punishing the perpetrators through the international criminal court is also hardly realizable. The court may conduct the process only over nationals of States that have ratified so-called the Rome Statute. Neither Russia nor Ukraine, this document was not ratified. If so, Holland may declare wanted by the individual citizens of those States involved, according to the international Commission of inquiry to the crash. However, in this case, the Ukrainian or the Russian authorities will have a legal right to refuse extradition of its citizens. The Constitution of Russia, for example, such results explicitly prohibits. In the case if the process was in the International criminal court, such failure would entail serious sanctions.

However, even if Russia or Ukraine will reach agreement on the ratification of the Rome Statute, the case will go to the international criminal court only in case if there is solid evidence that the plane was shot down deliberately and not in error. Otherwise, the process simply will not start. The case will be deemed not in conformity with the competence of the court.

Report of the international Commission of inquiry but will be relevant when filing civil suits. It is known that now in the Strasbourg court there is a claim of 33 relatives of the victims from Malaysia, Australia and New Zealand. The lawsuit is the government of Russia, which require a total of 330 million to $ 10 million for each victim.

If the Commission would present evidence that Russia is guilty in the crash, it certainly will increase the number of plaintiffs. However, in this case, the probability that a Respondent of Russia will be Ukraine. After all, this country, even if we accept on faith the conclusions of the reports published in the Netherlands, guilty of not closed for flights of civil aviation in the sky over the Donbas, knowing that there is actively used by military aircraft and air defenses.


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