Published details of the claim of the Netherlands to the Russian Federation in the case of MH17


The Netherlands will submit a lawsuit against Russia at the ECHR for the violation of three articles of the European Convention on human rights.

The Dutch authorities have provided new information about the claim against Russia to the ECHR in the case of the downed over Donbass in 2014, flight MH17, said Ukraine’s Ambassador to the Netherlands Vsevolod Chentsov, reports the with reference to the Correspondent.

“It was also provided clarification on the legal framework for the treatment of the Netherlands. In particular, countries wishing to join the suit as third parties will be able to do this within 12 weeks after the official transfer of the claim of the Russian Federation the Secretariat of the ECHR,” he said.

The Ambassador said that the lawsuit is about the violation of the three articles of the European Convention on human rights: 2nd, 3rd and 13th.

Article 2 of the Convention determines that the right of every person to life shall be protected by law. Nobody can be intentionally deprived of life except by execution of a death sentence the court imposed after a conviction of a crime for which the law provides such punishment.

Article 3 emphasizes that no one shall be subjected neither to torture or to inhuman or degrading treatment or punishment.

Article 13 specifies that everyone whose rights and freedoms recognized in the Convention are violated shall have an effective legal protection of the national authority even if the violation was committed by persons who exercise their official powers.

“The Netherlands refers to Article 13 of the Convention in connection with the improper level of cooperation of the Russian Federation in the investigation of the shooting down of the plane, contrary to its obligations under the European Convention on mutual assistance in criminal matters,” said Chentsov.