AYLEY AND OTHERS v. RUSSIA and 1 other application

Communicated on 3 April 2019

THIRD SECTION

Applications nos. 25714/16 and 56328/18
Sharlene AYLEY and Others against Russia
and ANGLINE and Others against Russia
lodged on 6 May 2016 and 23 November 2018 respectively

STATEMENT OF FACTS

A. The circumstances of the case

1. The most essential facts of the case, as stated by the applicants or as laid down in documents submitted (see appendix II) or referred to by them, may be summarised as follows.

1. The applicants

2. The applicants are relatives of persons who were on Malaysia Airlines commercial flight MH17, destroyed over the territory of Eastern Ukraine on 17 July 2014. All persons on board died.

3. A list of all applicants, their dates of birth and the dates on which they introduced their applications before the Court appears in appendix I. The information in appendix I is based on the paper application forms and the list of applicants submitted by their lawyers in an electronic format. The applicants have declared that they are nationals of Australia, Belgium, Canada, Germany, Hong Kong, Indonesia, Israel, Malaysia, the Netherlands, New Zealand, the Philippines, the United Kingdom, the United States of America and Vietnam.

4. Some of the applicants have indicated, in their applications forms or documents submitted by them, the name of their relative who died on flight MH17 and the relevant level of kinship.

5. The applicants in application no. 25714/16 are represented by Mr J. Skinner. The applicants in application no. 56328/18 are represented by Mr S.V. Mewa.

2. The general situation in Eastern Ukraine in July 2014

6. In the beginning of 2014 Russian military forces made several incursions into Ukrainian territory. An incursion in the Crimea region, initially denied but later acknowledged by the Russian authorities, was followed by their declaration that that region had become part of Russia.

7. In the eastern regions of Ukraine, on its border with Russia, protests against the central authorities in Kiyv escalated into an armed separatist insurgency, to which Russia supplied military aid, including military equipment and personnel. In June and July 2014 parts of eastern Ukraine were under the control of self-proclaimed pro-Russian separatist entities. According to the applicants, these entities were either under the control of the authorities of the Russian Federation or operated in very close cooperation with them.

8. In July 2014 there was intensive fighting between the Ukrainian army and separatist forces.

3. The downing of flight MH17 and the first international reactions

9. Malaysia Airlines flight MH17 from Amsterdam to Kuala Lumpur took off on 17 July 2014 on schedule and was carried out by a passenger Boeing 777-200 aircraft with registration marks 9M-MRD. There were 283 passengers and 15 crew members on board.

10. At 15:20 Central European Time, the aircraft, when flying over eastern Ukraine, was hit and disintegrated in the air. The wreckage fell down on several sites near the villages of Hrabove, Rozsypne and Petropavlivka in Eastern Ukraine. Six wreckage sites were identified, spread over 50 square kilometres overall.

11. All 298 persons on board lost their lives. Their remains were later flown to the Netherlands and identified there by an international team of forensic specialists.

12. On the same day, 17 July 2014, the Trilateral Contact Group of senior representatives of Ukraine, the Russian Federation and the OSCE, formed earlier that year in relation to the armed conflict in the region, issued a press release which stated:

“In view of the terrible crash of a Malaysian airliner in the region of Donetsk and in order to agree on a number of urgent practical measures, the Group held a video conference with representatives of separatist groups in Donetsk.

The representatives of separatist groups in Donetsk committed to the following:

1. as a matter of priority, they shall close off the site of the catastrophe and allow local authorities to start preparations for the recovery of bodies;

2. they shall provide safe access and security guarantees to the national investigation commission, including international investigators, in the area under their control;

3. they shall provide safe access and security guarantees to OSCE monitors;

4. they shall cooperate with the relevant authorities of Ukraine on all practical questions arising in the course of the recovery and investigation works.”

13. On 21 July 2014 the United Nations Security Council adopted unanimously Resolution 2166 which, in its operative part, stated, inter alia:

“[The Security Council] ...

3. Supports efforts to establish a full, thorough and independent international investigation into the incident in accordance with international civil aviation guidelines;

4. Recognizes the efforts under way by Ukraine, working in coordination with ICAO and other international experts and organizations, including representatives of States of Occurrence, Registry, Operator, Design and Manufacture, as well as States who have lost nationals on MH17, to institute an international investigation of the incident, and calls on all States to provide any requested assistance to civil and criminal investigations related to this incident;

5. Expresses grave concern at reports of insufficient and limited access to the crash site;

6. Demands that the armed groups in control of the crash site and the surrounding area refrain from any actions that may compromise the integrity of the crash site, including by refraining from destroying, moving, or disturbing wreckage, equipment, debris, personal belongings, or remains, and immediately provide safe, secure, full and unrestricted access to the site and surrounding area for the appropriate investigation authorities, the OSCE Special Monitoring Mission and representatives of other relevant international organisations according to ICAO and other established procedures;

...

9. Calls on all States and actors in the region to cooperate fully in relation to the international investigation of the incident, including with respect to immediate and unrestricted access to the crash site as referred to in paragraph 6;

10. Welcomes in this regard the statement on 17 July 2014 by the Trilateral Contact Group of senior representatives of Ukraine, the Russian Federation and the OSCE and demands that the commitments outlined in that statement be implemented in full;

11. Demands, that all those responsible for the incident be held to account and that all States cooperate fully with efforts to establish accountability;

...”

4. Investigations, official positions expressed by Governments and other proceedings

(a) The investigation that resulted in the final report of the Dutch Safety Board, published in October 2015

(i) Organisation and handling of the investigation

14. On an unspecified date the Ukrainian authorities opened an investigation into the accident and, soon thereafter, requested the Netherlands, the State with the largest number of nationals on board the aeroplane, to take over. With the agreement of the Dutch authorities, on 23 July 2014 Ukraine delegated the investigation to the Netherlands. As from that date, the Netherlands became the State conducting the investigation into the causes of the crash in accordance with the provisions of Annex 13 to the Convention on International Civil Aviation (hereinafter “the Chicago Convention”).

15. The Dutch Safety Board, an independent administrative body in the Netherlands which operates independently from the Dutch Government, conducted the investigation.

16. It combined the investigation delegated from the Ukrainian authorities with its own investigation, initiated separately on 18 July 2014, into the decision-making related to flying over the conflict zone in the eastern part of Ukraine.

17. In accordance with Annex 13 to the Chicago Convention, the purpose of the investigation was “to establish the causes of the crash and the factors that contributed” with a prevention objective and “not to apportion blame or liability”.

18. While the investigation was conducted by the Dutch Safety Board, the following States participated and appointed accredited representatives: Ukraine, as the State of occurrence, Malaysia, as the State of the operator and of registry, the United States of America, as the State of design and manufacture of the aeroplane, the United Kingdom, as the State of design and manufacture of the engines, as well as Australia and the Russian Federation, as States that provided information on request. Other countries which lost citizens on flight MH 17 were invited to view evidence and comment on the draft report.

19. Air accident investigators from Ukraine and Malaysia, police officers from Australia and journalists, escorted by representatives of the OSCE, visited the crash area in the days following the crash. The wreckage was photographed extensively and showed the locations mostly undisturbed. The information gathered was shared with the Dutch Safety Board.

20. Investigators acting for the international investigation led by the Dutch Safety Board visited the crash site for the first time in November 2014, there having been no earlier possibility due to safety concerns related to the armed conflict in the area. They recovered the majority of the wreckage. Additional visits, during which more wreckage parts were recovered, took place in March and April/May 2015. The investigators recorded the locations where each piece of wreckage was found. Some wreckage pieces were collected by local residents and handed over to the Dutch Safety Board with the consequence that the location where they fell was unknown. Other pieces found on the ground had obviously been moved before they were found. Part of the wreckage was never recovered, including pieces that were identified as having been in the wreckage area shortly after the crash but were not found during the recovery missions.

21. During the recovery of the wreckage, a number of parts that did not originate from the plane were found in the wreckage area. The parts that were suspected to be related to a surface-to-air missile were transported to the Netherlands in the same way as the aeroplane wreckage.

22. A wreckage reconstruction, an analysis of the high-energy objects found and blast damage simulations were also performed, among others, during the investigation.

23. Following a preliminary report published on 9 September 2014, the Board published its final report in October 2015.

24. The latter report stated that there had been “constructive cooperation between the States involved in the investigation: the Netherlands, Ukraine, Malaysia, the United States, the United Kingdom, Australia and the Russian Federation” and that “the representatives of these States, who were members of the international investigation team, had access to the investigation information and were able to study and verify it.”

(ii) The final report of October 2015

25. The most relevant findings in the report are listed below:

- the aircraft had been in an airworthy condition on departure from Amsterdam;

- at the relevant time both Ukraine and the Russian Federation had restricted access to parts of their airspace up to flight level 320 (meaning up to an altitude of approximately 9,750 metres);

- while over Ukraine, including at the time of the last contact, the aircraft was flying at flight level 330 (at an altitude of approximately 10,050 metres);

- no distress messages from flight MH17 were received by air traffic control;

- the replay of the communications recorded on the cockpit voice recorder demonstrated no indication of anything unusual and the recording ended abruptly, twenty milliseconds after two sound peaks heard on the tape;

- the data from the flight data recorder demonstrated that the aircraft was flying at 33,000 feet (approximately 10,050 metres) with a groundspeed of approximately 914 km per hour, that no technical malfunction or warnings were recorded and that the recording stopped abruptly;

- there was no in-flight fire before the break-up of the aeroplane; fires erupted at two wreckage sites after the crash;

- three other commercial aeroplanes were in the same area at the time of the last contact, the closest of them being at a distance of 33 km; radar data from Ukraine did not show any other radar targets in the vicinity;

- a video of the radar screen received from the Russian Federation showed, during two intervals of 20 and 40 seconds, a second radar target close to the target labelled MH17; this was considered to be aeroplane debris having sufficient reflection to be detected as primary target, a finding consistent with the wind direction and final position of the wreckage; it was not possible to verify the video as the Russian Federation, despite requests, did not send raw radar data to the investigators but only a video of the radar screen;

- due to factors such as detection sensitivity levels of the radars and their system filtering modalities (intended to remove phenomena from a radar screen that are detected but are not required to be displayed), it was very unlikely that the air traffic control primary radar systems in the area could detect and display a missile moving at high speed;

- wreckage parts from what appeared to have been a 9M38 series surface-to-air missile were found in the area;

- the autopsies demonstrated that the captain, the first officer from team A and the purser sustained multiple fatal injuries associated with the impact of metal fragments moving at high velocity;

- over 500 small fragments were recovered from bodies and the aeroplane wreckage; the composition, shape and other characteristics of many of these fragments showed that they were high-energy objects that had deformed on impact with the aeroplane at very high velocity; some of the fragments were in the shape of a bow-tie;

- some of the aeroplane wreckage parts and one of the missile parts showed traces of explosive residues;

- paint samples taken from missile parts found in the wreckage area matched those found on foreign objects extracted from the aeroplane;

- the investigation considered in detail and excluded the following possible causes of the damage and break-up of the aeroplane: lightning, meteor strike, space debris, explosion inside the aircraft or in the tank or engines;

- the evidence pointed to damage by a large number of high-energy objects, well over 800, that perforated the aeroplane from the outside, on the left hand and upper side of the cockpit; there was also evidence of the effects of a detonation blast, such as blast deposits and direct pressure;

- the investigation considered in detail and excluded, as possible weapon systems that may have caused the damage found on the aeroplane, the following weapons: air-to-air gun/canon (which could not result in more than several dozen bullets penetrating the aircraft given the altitude and speed of flight MH 17 and could not produce fragments as those found in bodies and wreckage); air-to-air missile (damage pattern not matching and no air-to-air missiles used in the region having the distinctly formed bow-tie shaped fragments in their warhead); portable shoulder-launched surface-to-air missile (unable to reach the altitude MH17 was flying at).

- there was only one source of damage and the aeroplane was not struck by more than one weapon;

- a large surface-to-air missile with fragmentation warhead was able to engage an aeroplane of the size and speed of a Boeing 777 at its cruising altitude; missile warheads of this type contained fragments of different shapes;

- bow-tie and cube-shaped fragments were only found in the 9N314M warhead, which can be fitted to the 9M38M1 missile;

- the Buk surface-to-air missile system was present in the region and was the only weapon with warheads containing pre-formed fragments in the shape of a bow-tie; this system could reach targets up to an altitude of 80,000 feet (approximately 24,400 metres);

- the analysis of all information in the investigation led to conclude that the aeroplane had been struck by a 9N314M warhead as carried on a 9M38-series missile and launched by a Buk surface-to-air missile system;

- the studies, including simulation exercises, conducted with the aim of verifying that the damage observed could originate from such a warhead and establishing the missile’s possible flight path from the ground to detonation resulted in findings that a 70kg warhead best matched the damage observed on the wreckage and that the area from which the possible flight paths could have commenced was an area of about 320 square kilometres in the east of Ukraine.

(iii) Requests for corrections to the draft final report and the replies of the Dutch Safety Board

26. Appendix V to the report lists proposals for corrections to the initial text of the draft final report which were made by representatives of the countries participating in the international investigation on unspecified dates prior to the publication of the final report. The final report took account of the corrections requested when they were granted.

27. The Russian Federation and Ukraine, among others, made a number of proposals. Some of those are listed below.

28. The Russian Federation proposed, inter alia, that the report should state that there “existed other scenarios that could lead to in-flight break-up of the aircraft” but the Dutch Safety Board refused, noting that all other scenarios had beeen considered, analysed and excluded.

29. The Russian Federation also disagreed with the conclusion of the Dutch Safety Board that the Russian Federation had failed to submit raw radar data in violation of Annexes 11 and 14 to the Chicago Convention, maintaining that Annex 14 did not require that raw data must be saved. The Dutch Safety Board consulted the International Civil Aviation Organisation (“ICAO”) which concurred with the Dutch position.

30. Ukraine requested a sentence to be included to the effect that access to the crash site could not be provided immediately because the area was controlled by “illegal armed groups”. This was refused by the Dutch Safety Board as it had to remain politically neutral.

31. The Russian Federation requested information on the steel grade used in the discovered high-energy objects in order to link those to possible types of warhead. The Dutch Safety Board considered that studying the detailed chemical composition of the steel was not relevant because high-energy objects are usually made from low-grade metal (unalloyed steel) originating from different batches, different sources, different manufacturing locations and over different periods, which made it impossible to match the fragments found with reference material from an intact warhead.

32. The Russian Federation proposed to include text that according to satellite pictures from the Russian Ministry of Defence a Ukrainian Buk M1 battery had been identified in the area of Zaroshchenskoye on 17 July 2014. The Dutch Safety Board stated that while this was relevant to the criminal investigation, its report did not deal with the location of weapons system in the area but only with identifying the cause of the crash.

33. The Russian Federation criticised the report for having limited its consideration of air-to-air rockets to those used by Russia and Ukraine and insisted that the damage on MH17 could have resulted from an air-to-air rocket. The Dutch Safety Board replied that there was no evidence of weapons from other parts of the world being in the inventory of any party acting in the region. It also stated that the damage pattern observed on the wreckage could not be reproduced when a 40 kg warhead, typical of an air-to-air weapon, was simulated. The conclusion that the weapon used was not an air-to-air rocket had been duly justified.

(b) The criminal investigation conducted by the Joint Investigation Team (“the JIT”)

34. On an unspecified date a team of police officers and public prosecutors from Australia, Belgium, Malaysia, the Netherlands and Ukraine, under the coordination of prosecutors from the Netherlands, started a criminal investigation into the downing of flight MH17. Its purpose was to establish the facts, identify those responsible for the crash and collect evidence which could be used in court.

35. This investigation was separate from that conducted by the Dutch Safety Board and ran in parallel. It is still pending.

36. On 28 September 2016, the JIT presented the first results of its criminal investigation. The main conclusion of the JIT was that flight MH17 had been shot down by a BUK missile from the 9M38 series, which had been fired from an agricultural field in the area of Pervomaiskyi. At that time this area had been controlled by pro-Russian separatists. The missile from the 9M38 series had been fired by a BUK TELAR brought in from the territory of the Russian Federation and returned to the Russian Federation after use.

37. In May 2018 the JIT presented additional results. The JIT concluded that the BUK TELAR that shot down flight MH17 had come from a unit of the Russian Federation’s armed forces - the 53rd Anti-Aircraft Missile Brigade or the 53rd Brigade from Kursk in the Russian Federation. At the presentation of May 2018 the JIT showed a venturi and a casing that had been found in Eastern Ukraine and asked for information about the numbers on these parts and the unit to which the missile (of which the venturi and the casing were part of) was supplied to. It also called for witnesses to come forward.

38. During its investigation, in 2014, 2016, 2017 and 2018, the JIT requested information and legal assistance from the Russian authorities. It appears that the Russian authorities replied for the first time in 2018. In its public statements the JIT affirmed that it had never received a reply to its request specifically related to the numbers found on rocket parts. The JIT also stated that information publicly presented by the Russian Ministry of Defence was factually incorrect on several points, including the alleged presence of a fighter jet near the MH17 on radar images as presented at that Ministry’s press conference in July 2014.

(c) Declarations by the Governments of the Netherlands and Australia

39. On the basis of the conclusions reached by the JIT, in May 2018 the Governments of the Netherlands and Australia declared that they considered the Russian Federation responsible for the downing of flight MH17.

(d) Official declarations of Government officials from the Russian Federation.

40. The Government of the Russian Federation have repeatedly denied any responsibility for the downing of flight MH17. They have also confirmed that no investigations are ongoing in Russia into the cause of the downing, that Russia is opposed to a special international tribunal for the MH17 case and that no Russian suspect will be extradited in that connection.

41. In October 2018 the Russian Ministry of Foreign Affairs made a statement affirming, inter alia, that the Russian authorities fully cooperated with the investigations, welcomed Dutch specialists and prosecutors in Moscow, made secret technical and factory data available to the investigation, transferred the results of a full-scale test, carried out by the producer of BUK missiles and provided raw radar images of the time of the tragedy. The Ministry further affirmed that it had provided irrefutable data and evidence of Ukraine’s involvement in the MH17 disaster, including regarding the question who owned the BUK missile concerned. It criticised the Netherlands authorities that they ignored valuable information and worked on a predetermined version of events based on the view that Russia was responsible.

(e) Proceedings before the ICJ

42. On 16 January 2017 Ukraine instituted proceedings against the Russian Federation in the International Court of Justice (“the ICJ”) with regard to alleged violations of, inter alia, the International Convention for the Suppression of the Financing of Terrorism. Ukraine requested the ICJ to establish, inter alia, that the Russian Federation had violated its obligations under that convention by supplying funds, weapons and training to illegal armed groups that engage in acts of terrorism in Ukraine and that the Russian Federation bears international responsibility, by virtue of its sponsorship of terrorism and failure to prevent the financing of terrorism, for the acts of terrorism committed by its proxies in Ukraine, including the shoot-down of Malaysian Airlines Flight MH17. These proceedings are pending.

5. Other factual allegations and material submitted by the applicants

43. The applicants submitted, inter alia, numerous reports and publications by expert groups, media outlets, non-governmental organisations and individuals. This material covers topics such as, inter alia, the origins and development of the conflict in Eastern Ukraine, the Russian policies and involvement in this conflict, weapons systems used by belligerents in the region, witness accounts concerning the presence of Russian military personnel in the area, the presence and movement of a BUK missile system from Russia into Ukraine and back to Russia at the relevant period of July 2017, names and possible roles of Russian military personnel and pro-Russian separatists allegedly involved in the handling and firing of the missile that downed flight MH17.

44. On the basis of the material submitted by them, the applicants made, inter alia, the following additional allegations on the facts.

45. By mid-June 2014 the pro-Russian forces in Eastern Ukraine were not progressing well militarily. In early July 2014, separatist commanders, including Igor Strelkov, sent memos to the Russian authorities and to the President of the Russian Federation raising concern over growing risks to Russian interests in the ground war. These risks stemmed to a certain extent from Ukrainian military aircraft attacking separatist positions. In clear connection to these developments, there was movement of heavy armaments across the eastern Russian-Ukrainian border in June 2014.

46. Many Ukrainian military aircraft, including larger ones such as AN30 and IL76, were shot down in Eastern Ukraine during May and June 2014.

47. Between 22 June and 25 July 2014 military units of the armed forces of the Russian Federation conducted training exercises near the eastern Ukrainian border and close to a border crossing known as “the Stripe” and held by pro-Russian separatists.

48. Just before 17 July 2014, Russian media allegedly controlled by the authorities, including NTV and Rossiya 24, broadcast reports of Russian BUK missile convoys on roads in and around the cities of Torez and Snezhnoye in the Donetsk region of Eastern Ukraine.

49. There exists strong evidence, including eyewitnesses, photographs, geolocated photographs, video films, matching vehicle identification numbers and characteristics of the transport vehicle, allegedly demonstrating that a Russian BUK missile system with four missiles from the 53rd missile brigade of the Russian army moved on 15 and 16 July 2014 into Eastern Ukraine from Russia and, after the attack on MH17 on 17 July, moved back in the direction of the Russian border. The photographic and video material of the trip back to Russia showed that one out of the four BUK missiles was missing.

B. Relevant international law

1. The Convention on International Civil Aviation (the Chicago Convention).

50. The Chicago Convention was signed on 7 December 1944. Almost all members of the United Nations Organisation, including, inter alia, Malaysia, the Netherlands, the Russian Federation and Ukraine, are parties thereto. The Convention has been revised eight times (in 1959, 1963, 1969, 1975, 1980, 1997, 2000 and 2006).

51. The Convention provides for rules related to civil aviation and also for the creation of the International Civil Aviation Organisation (“ICAO”), its powers and governing bodies. ICAO has become a specialized agency of the United Nations Organisation charged with coordinating and regulating international air travel.

52. Articles 1 and 2 provide as follows:

Article 1
Sovereignty

“The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.”

Article 2
Territory

“For the purposes of this Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.”

53. Article 90 provides for the adoption of annexes to the Chicago Convention by ICAO’s Council (which consists of thirty-six contracting States including the States of chief importance in air transport, those making the largest contribution to the provision of facilities for civil air navigation and other States to ensure representation of the major geographical areas). After adoption by the Council, the annexes are communicated to the contracting States and become effective unless a majority of those States disapproves.

54. There are currently nineteen annexes containing standards and recommended practices. Annex 11 concerns air traffic services, including obligations on recording and communicating radar data. Annex 13 concerns the investigation of aircraft accidents and incidents. Annex 14 concerns aerodromes.

2. The Convention for the Suppression of Unlawful Acts Against The Safety of Civil Aviation (the Montreal Convention).

55. The Montreal Convention of 1971, to which parties are almost all members of the United Nations Organisation, including, inter alia, Malaysia, the Netherlands, the Russian Federation and Ukraine, provides insofar as relevant:

Article 1

“1. Any person commits an offence if he unlawfully and intentionally:

... (b) destroys an aircraft in service ...

2. Any person also commits an offence if he:

... (b) is an accomplice of a person who commits or attempts to commit any such offence ...”

Article 5

“1. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over the offences in the following cases:

(a) when the offence is committed in the territory of that State;

(b) when the offence is committed against or on board an aircraft registered in that State; ...

2. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 (a), (b) and (c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.”

Article 11

“1. Contracting States shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences. The law of the State requested shall apply in all cases.

...”

COMPLAINTS

56. The applicants in application no. 25714/16 complain under Article 2 of the Convention that the Russian Federation is responsible for the downing of flight MH17 and the death of their relatives on board, either directly or through the acts of Russian separatists under their control.

They further complain under Articles 2 and 3 of the Convention that the Russian Federation failed to discharge its obligation to conduct an investigation into the death of their relatives and bring the perpetrators to justice. The Russian Federation also failed to cooperate with the investigations led by the Dutch Safety Board and the Joint investigation team in the Netherlands.

57. The applicants in application no. 56328/18 complain as follows:

(1) Invoking Article 2 of the Convention, that there has been a substantive violation of that provision in that the Russian Federation was responsible for the downing of flight MH 17 through its army officers or other officials or by virtue of its control over and support for the Russian separatists’ forces, as well as because it had effective control and exercised some governmental power over the relevant part of the territory of Eastern Ukraine. In particular, it is alleged that, while knowing or being obviously in a position to know that civilian aircraft flew over the relevant area and could be reached by a missile fired from a BUK launching facility, the Russian Federation moved its BUK launch facility to the territory of Ukraine and was responsible for one of the following scenarios: (a) was actively involved in the decision to fire the BUK missile at the airplane; or (b) despite the presence of its military during the firing of the missile did not prevent the firing of the missile; or (c) made the BUK launching facility and missile available to the separatists’ forces without controlling its use; or (d) did not keep the BUK missile and launch facility under its control;

(2) Invoking Article 2 of the Convention, that there has been a procedural violation of that provision in that the Russian Federation (i) did not adequately cooperate with the investigation conducted by international fact-finding committees, (ii) provided incorrect information to the JIT and (iii) failed to conduct an independent, adequate, prompt and reliable investigation;

(3) Invoking Articles 2, 3 and 8 of the Convention that, by failing to cooperate in the international investigations and to conduct an adequate investigation in Russia, as well as by failing to provide information that could clarify who was responsible for the killing of the applicants’ close relatives, the Russian Federation directly caused the applicants to suffer anguish and a heavy burden, amounting to ill-treatment, and breached their right to respect for their family life;

(4) Invoking Articles 2, 3, 6, 8 and 13 of the Convention, that the Russian Federation, by failing to cooperate in the international investigations and to conduct an adequate investigation in Russia, deprived the applicants of their right to an effective remedy and compensation.

QUESTIONS TO THE PARTIES

1. Can the applicants claim to be the victims of the alleged violations of the Convention? The applicants who have not indicated the name of their relative who died on board of MH17 and the level of kinship should do so.

2. Do the alleged violations of the Convention and its Protocols fall within the “jurisdiction” of the Russian Federation within the meaning of Article 1 of the Convention? In particular, did the Russian Federation exercise “authority and/or effective control” over the relevant eastern regions of Ukraine at the time of the downing of flight MH17, through their armed forces or a subordinate local administration or in collaboration with local armed forces? In this respect, what was the extent of the military and logistic Russian presence in July 2014? In addition, were agents of the Russian State involved, directly or indirectly, in the downing of flight MH17?

3. Have the applicants complied with the requirements of Article 35 § 1 of the Convention?

4. Has there been a violation of Article 2 in that the respondent State was allegedly responsible for the death of the applicants’ close relatives?

5. Having regard to the procedural protection of the right to life (see paragraph 104 of Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII), has there been a breach of Article 2 of the Convention in relation to the alleged failure of the respondent State to investigate the downing of flight MH17 and their alleged failure to cooperate with the relevant international investigations?

6. Have the applicants been subjected to inhuman and degrading treatment in breach of Article 3 of the Convention in that the authorities of the respondent State, by allegedly failing to investigate and cooperate with the relevant international investigations, caused them to suffer anguish and distress because of the lack of clarity as to the identity of those responsible for the death of their close relatives? Has there been a violation of Article 8 of the Convention in that regard?

7. Has there been a violation of Article 13 of the Convention in conjunction with its Articles 2, 3 and 8 on account of the alleged lack of effective domestic remedies?

APPENDIX I

Application no. 25714/16

Date of introduction – 6 May 2016

No.

Last Name

First Name

Title English

Date of Birth

1

Ayley

Sharlene

Ms

31/01/1981

2

Lauschet

Tim

Mr

28/02/1991

3

Dyczynski

Jerzy

Mr

06/04/1951

4

Dyczynski

Angela

Ms

01/04/1953

5

Samsuddin

Salleh

Mr

26/04/1960

6

Ibrahim

Sharom Bee Binti Mohamed

Mr

23/11/1956

7

Ismail

Mohd Tarmizi Bin

Mr

04/09/1973

8

Binti Modh Yusof

Hasnah

Mr

18/08/1943

9

Wong

Kin Wah

Mr

18/02/1972

10

Chong

Yee Wan

Mr

02/03/1968

11

Chong

Seng See

Ms

02/03/1971

12

Chong

Shih Yen

Mr

15/09/1964

13

Chong

Yoon Loong

Mr

16/07/1969

14

Yee

Swee Yeng

Ms

04/09/1942

15

Chong

Yuk Sang

Mr

16/10/1941

16

Abdullah

Normi Binti

Mr

05/02/1960

17

Geok

Tan Bee

Mr

06/09/1970

18

Mahdi

Madiani

Ms

06/11/1972

19

Malcolm

Andrew

Mr

21/09/1978

20

Malcolm

Jane

Ms

15/01/1977

21

Gibson

Cassandra

Ms

06/05/1990

22

Gibson

Chelsea

Ms

30/04/1993

23

Jackson

Craig

Mr

11/03/1962

24

Turnbull

Robert

Mr

17/04/1939

25

Turnbull

Angela

Ms

19/11/1940

26

Sturdee

Cathy-Ann

Ms

28/02/1969

27

Sidelik

Hans

Mr

10/03/1955

28

Baker

Jeffrey

Mr

16/06/1987

29

Baker

Steven

Mr

17/01/1989

30

Teoh

Kooi Weng

Mr

12/11/1956

31

Yim

Lim Swee

Mr

14/08/1962

32

Vern

Evonne Teoh Ee

Ms

28/07/1989

33

Teoh Qi En

David

Mr

25/11/1993

Date of introduction – 20 June 2018

No.

Last Name

First Name

Title English

Date of Birth

1

Bats

Peter Alexander

Mr

09/11/1973

2

Bats van Breda

Jessica Ellen

Ms

09/01/1975

3

Borgsteede

Franciscus

Mr

20/01/1939

4

Borgsteede-Wiersma

Johanna Everarda

Ms

06/05/1943

5

Borgsteede

Ronny Franciscus

Mr

25/02/1970

6

van Druten-Borgsteede

Laura Maria

Ms

17/06/1966

7

Bras

Eric Jan

Mr

12/09/1964

8

Djodikromo

Sadimin

Mr

28/08/1951

9

Djodikromo

Warinih Doris

Ms

17/12/1958

10

Djodikromo

Nikolev Soenarto

Mr

03/09/1976

11

Djodikromo

Valeri Sumantri

Ms

24/08/1984

12

Djodikromo

Carol Instanti Sabrina

Ms

12/03/1987

13

van Duijn

Gijsbert

Mr

28/01/1943

14

van Duijn

Cornelia Quirina

Ms

08/01/1941

15

van Duijn

Nicole Karina

Ms

13/12/1971

16

Chong

Pirkko Liliane

Ms

09/06/1955

17

Burr

Eila Marilyn

Ms

07/05/1956

18

de Kadt

Emerentiana Josephina

Ms

01/08/1926

19

Kamsma

Eric Jacobus Bernardus

Mr

11/02/1959

20

Kamsma

Edwin

Mr

23/01/1963

21

Kamsma

Bernardus Jacobus

Mr

11/07/1965

22

Keijzer

Freek

Mr

06/06/1961

23

Keijzer - Ten Heuvel

Jacqueline

Ms

10/11/1960

24

Keijzer

Annebel

Ms

23/01/1991

25

Keijzer

Rutger

Mr

23/01/1993

26

van Keulen

Arjen

Mr

14/03/1961

27

van Keulen

Jennigje Margaretha Andrina Ariëtta

Ms

12/05/1938

28

van Doorn

Willy Elisabeth

Ms

01/08/1929

29

van Doorn

Elisabeth Veronica

Ms

06/04/1961

30

van Noort

Alida Johanna

Ms

17/03/1936

31

van Langeveld

Anthony Martin

Mr

09/07/1964

32

Bartsen

Ida Petronella

Ms

29/01/1954

33

de Leeuw

Arjan Willem

Mr

02/05/1979

34

Misran

Robert Rakiman

Mr

02/04/1942

35

Misran-Resosemito

Antijem

Ms

30/03/1942

36

Misran

Aniane Rosinie

Ms

02/07/1965

37

Misran

Annette Soerani

Ms

26/04/1967

38

Misran

Armand Rakijo

Mr

15/10/1968

39

Misran

Ardi Rakidie

Mr

10/11/1970

40

Misran

Astrid Soeratie

Ms

04/06/1974

41

van Nielen

Gerardus Cornelis

Mr

12/10/1953

42

van Nielen

Wilhelmina Cornelia Maria Lucia Geudens

Ms

04/01/1955

43

van Nielen

Martijn Willem Franciscus

Mr

13/09/1987

44

Peereboom

Dennie Jan

Mr

26/12/1984

45

Pijnenburg

Franciscus Antonius

Mr

17/05/1956

46

Marinus

Pim

Mr

19/06/1991

47

Raap

Roelof

Mr

03/09/1956

48

Raap

Sijbren

Mr

08/04/1963

49

van der Sar

Leendert Eliza

Mr

04/04/1950

50

van der Sar - Lorier

Cornelia Lena

Ms

20/11/1950

51

van der Sar

Daniel

Mr

17/11/1977

52

van der Sar

Lieselotte

Ms

20/10/1983

53

van den Schoor

Peter Mathij

Mr

28/03/1959

54

van den Schoor

Catharina Maria Gerarda

Ms

29/11/1960

55

van den Schoor

Rob Henricus Antonius

Mr

05/01/1991

56

van der Schoot

Anna Maria Theresia

Ms

18/02/1967

57

Specken

Reginald Jacques Wilhelmus Marie

Mr

12/04/1950

58

Peusens

Marie-Jeanne Mechtilde Josephine

Ms

10/08/1950

59

Specken

Michel An

Ms

22/07/1985

60

Slok

Jan

Mr

24/03/1959

61

Soeltan

Sharon Fazia

Ms

09/09/1990

62

Soeltan

Raoul Alexander

Mr

19/10/1993

63

Wagemans

Gustave Gerardus Marie

Mr

27/06/1962

64

Dormans-Wagemans

Johanna Maria Josefa

Ms

03/04/1960

65

Wagemans

Andreas Gerardus Marie

Mr

28/02/1953

66

Wilhelmina

Hubertina Maria Catharina

Ms

24/11/1956

67

van der Weide

Robert

Mr

03/05/1931

68

de Leeuw

Hendrica Gerarda Nida

Ms

10/04/1938

69

van der Weide

Richard

Mr

08/01/1963

70

Hijmans

Antonius Lambertus

Mr

11/04/1927

71

Dirks e/v Hijmans

Susanna Cornelia Eimerdina

Ms

21/02/1928

72

Hijmans

Madelon Antoinette Cornélie

Ms

10/09/1952

73

Hijmans

Ellen Jeanine Susanne

Ms

26/10/1953

74

Hijmans

Michel Dirk Matthijs

Ms

25/04/1958

75

Hijmans

Linda Geraldine Jeannette

Ms

26/09/1959

76

Hijmans

Richard Matthijs Anton

Ms

13/10/1961

77

Huijbers

Coenraad Jan Willem

Mr

07/03/1955

78

Knoop-Huijbers

Janine Femmy

Ms

16/08/1958

79

Huijbers

Annemieke Yvonne

Ms

28/11/1983

80

Martens

Johannes Peter

Mr

02/08/1946

81

Martens

Christiaan Martijn

Mr

02/08/2010

82

Willems

Johanna Agatha Wilhelmina

Ms

29/07/1949

83

Nieveen

Jan

Mr

03/12/1947

84

Nieveen

Lisette

Ms

11/04/1974

85

Engelen

Eline

Ms

23/09/1982

86

Nieveen

Jannieke Sietske

Ms

06/10/1989

87

Nieveen

Ilse Maria

Ms

29/03/1991

88

Nguyen

Ngoc Khanh

Mr

20/02/1952

89

Quan

Thi Phong

Ms

25/01/1956

90

Nguyen

Minh Quang

Mr

20/02/1982

91

Pabellon

Lilia Cabile

Mr

19/01/1966

92

Pabellon Carale

Erlinda

Ms

05/04/1950

93

Pabellon Cabili

Tirso

Ms

23/09/1957

94

van der Steen

Akke

Ms

28/01/1972

95

van Der Steen

Jacobus Hendrik Wilhelmus Bastiaan

Mr

22/06/1965

96

van der Sande

Alida Maria Theodora Wilhelmina

Ms

20/01/1953

97

van der Sande

Martinus Raphael Maria

Mr

30/10/1959

98

van der Sande

Willibrordus Martinus Maria

Mr

03/06/1956

99

Timmers

Dennis Petrus Martinus

Mr

27/12/1982

100

Timmers

Jolanda Henrica Johanna

Ms

01/08/1985

101

van Grinsven-Timmers

Sandra Johanna Stephani

Ms

11/02/1981

102

Smolders

Nicolaas Franciscus Leonardus Arnoldina

Mr

13/01/1968

103

Smolders-van Hoof

Anna Maria Arnoldina Catharina

Ms

02/02/1944

104

Smolders

Nicolaas Petrus Hubertus

Mr

27/09/1943

105

Pfarrer

Hillary Catharine

Ms

15/04/1960

106

Meuleman

Henri Willibrord Antonius

Mr

31/05/1959

107

Wals

Marieke

Ms

07/08/1964

108

van Noord

Anna

Ms

09/04/1941

109

Ernst

Wilhelmus Maria

Mr

09/12/1946

110

van der Leij

Leopold Theodurus

Mr

29/09/1954

111

Kiezebrink

Christiana Lutine

Ms

09/11/1957

112

van der Leij

Jessica

Ms

13/03/1979

113

Gluckstern

Eliane Antoinette

Ms

29/09/1937

114

Hemelrijk

Sylvia

Ms

22/11/1970

115

Hemelrijk

Anouschka

Ms

28/09/1995

116

de Graaf

Everardus Wilhelmus Theodorus

Mr

10/02/1964

117

de Graaf

Hendrina Sophia Theodora

Ms

13/02/1990

118

de Graaf

Johannes Pieter Willy

Mr

07/05/1995 (06/05/1995 in app.form)

119

de Graaf

Johannus Cornelis Nicolai

Mr

19/04/1988

120

Brouwer-Lemaire

Raymonde Anna Leonce

Ms

13/12/1928

121

Brouwer

Cécile Hyacintha Christine

Ms

25/11/1970

122

Brouwer

Hélène Cornelia Raymonde

Ms

05/12/1962

123

Bakker

Frederik Lambertus

Mr

17/06/1951

124

Bakker

Jakobus

Mr

19/03/1958

125

Bakker

Gert Leo

Mr

17/05/1966

126

Vermeulen

Judith Geraldine Maria

Ms

22/01/1963

127

Vermeulen-Hopman

Ellen Johanna

Ms

24/08/1927

128

Vermeulen

Eleonora Veritas Maria

Ms

20/07/1958

129

Schoofs

Rink

Mr

30/03/1990

130

Fan

Chi Yeung

Mr

26/04/1984

131

Loh

Ean Tin

Ms

20/03/1965

132

Loh

Ean Lee

Ms

10/10/1961

133

Loh

Kok Hong

Mr

05/06/1969

134

Loh

Loo Hwa

Mr

21/06/1976

135

Loh

Kok Wah

Ms

30/05/1963

136

van Geene

Jan

Mr

02/06/1931

137

Schmidt-Golstijn

Henderieka Katriena

Ms

10/04/1940

138

de Rycker

Geert Antoon Karel Leopold

Mr

22/01/1954

139

Adler

Enrico-Ricardo Alexis

Mr

15/08/1959

140

Adler

Feodorowich Larry

Mr

22/03/1956

141

Adler

Priscilla Felice

Ms

02/01/1949

142

Kraay

Willem Frans

Mr

28/10/1938

143

Koch

Kirsten

Ms

02/04/1996

144

Koch

Nils

Mr

01/06/1994

145

van Eldijk-Kuijpers

Wilhemlina Theodora

Ms

27/09/1933

146

van Eldijk

Antonius Johannes Maria

Mr

15/04/1958

147

van Eldijk

Johannes Wouter Maria

Mr

02/02/1960

148

van Eldijk

Wouter Antonius Wilhelmus

Mr

13/08/1967

149

Brouwers

Josephus Johannes

Mr

24/03/1960

150

Brouwers-van Golde

Anna Maria Petronella

Ms

02/01/1940

151

Wiegel

Gita Tryan Welyanda Putu

Ms

16/12/2000

152

de Schutter

Maarten Wim

Mr

02/02/1999

153

de Schutter-Gijzen

Jacoba Cornelia Maria

Ms

09/10/1939

154

de Schutter

Wilhelmus Johannes Maria

Mr

14/11/1938

155

de Schutter

Adriana Elisabeth

Ms

11/10/1969

156

van Muijlwijk

Frits Jan

Mr

20/04/1952

157

Westhoff

Johanna

Ms

21/05/1953

158

van Muijlwijk

Kelvin Lourens Gerardus

Mr

14/04/1997

159

van Muijlwijk

Lourens Gerardus

Mr

03/02/1995

160

van Muijlwijk

Marjef

Ms

19/09/1977

161

Avnon

Dov

Mr

31/07/1957

162

Avnon-Boele

Jeanne Jacomijntje

Ms

06/12/1958

163

Avnon

Jonathan

Mr

07/01/1984

164

Avnon-Sarris

Ruth

Ms

21/09/1986

165

van Doorn

Diederick Kristiaan

Mr

24/10/1970

166

van Doorn

Menno Ernst

Mr

14/11/1939

167

Abeln e/v Van Doorn

Sabine Marie Pauline

Ms

27/08/1943

168

Dewa

Shazelina Zaini

Ms

24/05/1972

169

van den Hende

Jakobus Gerardus

Mr

17/02/1940

170

Wijngaard e/v van den Hende

Wilhelmina Maria

Ms

01/01/1940

171

van den Hende

Francisca Maria

Ms

11/04/1968

172

van den Hende

Hendrika Elisabeth

Ms

18/12/1969

173

van der Graaff

Willem Gerardus

Mr

15/06/1941

174

van der Graaff-van der Waal

Agatha Wilhelmina Flora

Ms

27/05/1947

175

van der Graaff

Marnix Willem

Mr

14/08/1981

176

Heerkens

Joris Michael Gerardus

Mr

08/05/1960

177

Heerkens

Thomas Vincentius Maria

Mr

05/04/1965

178

Heerkens

Paul Gerardus Antonius

Mr

21/07/1962

179

Witteveen

Freek Gerrit

Mr

31/07/1991

180

Witteveen

Julie Mathilde

Ms

16/06/1960

181

Witteveen

Raoul Johannes

Mr

14/06/1955

182

Jhinkoe

Soenderpersad

Mr

04/05/1959

183

Ramdien

Dolawatia

Ms

17/08/1966

184

Jhinkoe

Radjan Wininder

Mr

07/09/1990

185

Jhinkoe

Raisheri Ashwini

Ms

28/08/1996

186

Leermans

Maria Adriana

Ms

04/06/1942

187

Trugg

Willem Désiré Joseph

Mr

10/05/1946

188

van der Velden

Antonetta Petronella Gerarda

Ms

24/07/1951

189

Trugg

Marc Willem Hendrik

Mr

09/08/1972

190

Schneider

Jolande Gerarda Maria

Ms

16/07/1949

191

de Kuijer

Johannes Christiaan

Mr

07/01/1950

192

Lee

Kok Chew

Mr

22/12/1978

193

Lee

Boo Kwang

Mr

30/12/1941

194

Sek

Kiew Far

Ms

16/06/1945

195

Lee

Kiah Kheng

Ms

27/08/1971

196

Lee

Kiah Hooi

Ms

26/06/1972

197

Lee

Kiah Yoong

Ms

21/09/1973

198

Lee

Kiah Hong

Ms

15/09/1977

199

Liew

Chau Seong

Mr

14/11/1941

200

Yeong

Loi Ho

Ms

15/02/1949

201

Liew

Huey Min

Ms

03/05/1974

202

Liew

Yau Lin

Ms

20/02/1976

203

van der Linde

Engelina Cornelia

Ms

13/04/1954

204

van der Linde

Gerhardus Evert

Mr

10/08/1958

205

Mahler

Hendrik Joseph

Mr

27/02/1950

206

Willemsen

Karola Marina

Ms

09/03/1950

207

Mahler

Jeroen Joost

Mr

16/03/1984

208

Mahler

Felix Tristan

Mr

04/01/1989

209

Niewold

Christiaan Hendrik

Mr

13/08/1955

210

Niewold

Ernst Martinus Michael Hendrik

Mr

11/11/1984

211

Niewold

Julian Johannes Albertus

Mr

03/02/1986

212

Niewold

Odulf-Benjamin

Mr

29/10/1987

213

Niewold

Astrid Maria Edith Cornelia

Ms

05/01/1995

214

de Ridder

Hendrikus Johannes Wilhelmus

Mr

17/04/1937

215

de Ridder

Remco

Mr

19/01/1983

216

de Ridder

Laura Elisabeth

Ms

21/05/1986

217

van der Steen

Maria Jacoba

Ms

04/03/1968

218

Wesselink

Chanouk

Ms

27/04/1990

219

Marckelbach

Paul Jurgen

Mr

25/04/1975

220

Van der Meer

Peter Eduard

Mr

25/10/1967

221

Jesurun

Hannele Suzanne

Ms

08/05/1954

222

van Keulen

Jacobus Cornelis

Mr

07/07/1932

223

de Leeuw

Adrianus Cornelis Theodorus Maria

Mr

12/03/1948

224

Otter, den-Pijnenbur

Elisabeth Huberta Joanna Maria

Ms

24/10/1957

225

Chu

Kok Chew

Ms

01/01/1928

226

Dewa

Zaini Bin Md

Mr

20/06/1944

227

Abdullah

Siti Dinah Binti

Ms

05/10/1945

228

Dewa

Sharil Zaini

Mr

04/07/1975

229

de Kuijer

Paulus Franciscus Johanna Maria

Mr

20/08/1984

230

Stuhrmann

Margarete

Ms

06/01/1959

231

Niewold

Lidwina Diotima

Ms

29/10/1987

Date of introduction – 10 January 2019

No.

Last Name

First Name

Title English

Date of Birth

1

Dijkgraaf-Janssen

Johanna Lena

Ms

30/08/1936

2

Adriaanse-Janssen

Johanna Lidia

Ms

24/12/1961

3

Janssen

Martin Willem

Mr

17/06/1966

4

Mateman-Janssen

Franciska Elena

Ms

30/08/1972

5

Waldherr-de Haan

Henrica Joanna Jeanne

Ms

24/10/1958

6

de Haan

Herman Gerardus

Mr

14/10/1953

7

Bolhaar

Johanna Dieka

Ms

14/10/1926

8

de Haan

Leonardus Reinerus

Mr

13/01/1966

9

Anderson

Joanna Marie

Ms

13/03/1977

10

Ng

Kok Eng

Mr

27/11/1949

11

Van Zijtveld-Schardijn

Grace Astrid Georgine

Ms

25/05/1957

12

Van Zijtveld

Evert

Mr

27/11/1954

13

Ioppa

Elena

Ms

18/06/1970

14

Kenke

Chris Willem

Mr

02/07/1988

15

Kenke

Denise

Ms

10/10/1984

16

Oreshkin

Serge

Mr

09/05/1952

17

Oreshkin

Vera

Ms

04/09/1949

Application no. 56328/18

Date of introduction – 23 November 2018

No.

Last Name

First Name

Title English

Date of Birth

1

Angline

Ms

07/08/1989

2

Baaij

Babs Petronella

Ms

30/07/1975

3

Baaij

Yoeki Vos Elisabeth

Ms

21/03/2015

4

Besseler

Fredrika

Ms

04/01/1958

5

Camfferman

Roxanne

Ms

20/07/1990

6

Crolla

Robert

Mr

26/05/1961

7

Crolla

Fleur

Ms

18/03/1993

8

Essers

Esther

Ms

17/12/1981

9

Essers

Eva

Ms

21/12/1983

10

Essers

Adrian

Mr

26/09/1950

11

Everdink, Van

Adriana

Ms

24/11/1947

12

Florentinus

Mignon

Ms

06/02/1942

13

Hakse

Richard

Mr

15/03/1940

14

Hakse

Richard

Mr

12/12/1963

15

Heijningen, Van

Robbert

Mr

04/04/1957

16

Huntjens

Marie

Mr

04/07/1960

17

Kol

Maria

Ms

08/12/1947

18

Kroon

Astrid

Ms

30/06/1987

19

Kurver

Joanna

Ms

29/01/1948

20

Lam

Herman

Mr

14/07/1944

21

Lam

Maria

Ms

04/01/1928

22

Lambregts

Willebrordus

Mr

07/02/1979

23

Lambregts

Sabine

Ms

06/05/1976

24

Lambregts

Antonius

Mr

28/12/1946

25

Martens

Richard

Mr

28/03/1965

26

Martens

Constantinus

Mr

10/02/1938

27

Martens

Constantinus

Mr

30/06/1963

28

Mastenbroek

Tosca

Ms

21/12/1968

29

Meijer

Hans

Mr

23/01/1946

30

Nelissen

Francisca

Ms

14/08/1953

31

Nieburg

Dorothea

Ms

20/07/1951

32

Noto

Molebatsi

Mr

03/03/1958

33

Oost, Van

Flint

Mr

07/11/2001

34

Oost, Van

Elisabeth

Ms

22/03/1963

35

Paulus

Marie

Ms

14/08/1928

36

Ridder, De

Sander

Mr

31/05/1964

37

Risah

Jackie

Mr

25/05/1952

38

Roo, De

Roy

Mr

06/10/1973

39

Schilder

Theodorus

Mr

24/01/1988

40

Smallenburg

Adriana

Ms

10/07/1951

41

Smallenburg

Charles

Mr

27/05/1928

42

Souren

Arno

Mr

01/05/1983

43

Souren

Reinier

Mr

02/02/1987

44

Souren

Anna

Ms

17/03/1955

45

Stok

Johanna

Ms

26/02/1959

46

Stuiver

Johannes

Mr

04/09/1948

47

Stuiver

Marian

Ms

19/04/1990

48

Sutherland

Alice

Ms

06/03/1952

49

Tamtelahitu

Jahja

Mr

11/04/1980

50

Tensen

Guda

Ms

04/09/1933

51

Tol

Catherina

Ms

05/07/1979

52

Tongeren, Van

Philip

Mr

06/10/1950

53

Tongeren, Van

Bart

Mr

03/02/1988

54

Toonen

Wilhelmina

Ms

24/09/1950

55

Tournier

Ellen

Ms

14/05/1975

56

Uijterlinde

Aplonia

Ms

20/04/1957

57

Veldhuis

Maria

Ms

21/03/1938

58

Verhaegh

Peter

Mr

03/10/1955

59

Verhaegh

Monique

Ms

10/05/1980

60

Vranckx

Maarten

Mr

26/08/1988

61

Vranckx

Willy

Mr

09/10/1957

62

Vranckx

Lianne

Ms

12/08/1999

63

Vranckx

Wouter

Mr

07/06/1990

64

Vreeswijk, Van

Marinus

Mr

28/02/1968

65

Vreeswijk, Van

Nick

Mr

01/06/1995

66

Warta

Steffie

Ms

26/04/1965

67

Wels

Camiel

Mr

01/08/1970

68

Wels

Robert

Mr

24/07/1969

69

Zantkuijl

Adriaan

Mr

13/02/1951

70

Zantkuijl

Mark

Mr

12/01/1980

71

Baaij

Jacob Johannes

Mr

29/09/1947

72

Been e/v Ploeg

Elisabeth

Ms

21/10/1933

73

Chrystine

Ms

20/12/1995

74

Chuah

Peng See

Ms

22/12/1961

75

Engels

Jan

Mr

28/10/1959

76

Heijningen, Van

Leonardus

Mr

13/04/1930

77

Keuning

Hilda

Ms

29/12/1959

78

Kraats, van De

Anja

Ms

22/12/1957

79

Kroon

Louise

Ms

14/08/1990

80

Meijer

Sandra

Ms

16/10/1973

81

Murtini

Murtini

Ms

02/05/1980

82

Ng

Siang Seng

Mr

30/04/1961

83

Nieburg

Julia

Ms

27/11/1982

84

Ploeg

Piet

Mr

21/10/1958

85

Ploeg

Frederik

Mr

21/06/1933

86

Schelb

Heidi

Ms

06/12/1966

87

Sengers

Maria

Ms

29/11/1956

88

Tamtelahitu

Naomi

Ms

15/12/1983

89

Tan

A In

Ms

12/08/1968

90

Tournier

Nanda

Ms

17/01/1978

91

van Dijk

Linda

Ms

16/10/1952

92

Verbaas

Desiree

Ms

23/06/1982

93

Vos, De

Walter

Mr

10/11/1958

94

Ploeg

Mirjam

Ms

21/09/1991

Date of introduction – 28 January 2019

No.

Last Name

First Name

Title English

Date of Birth

1

Ploeg

Sandra Elisa

Ms

14/07/1996

2

Van Wiggen

Barbara

Ms

22/05/1978

3

Van Wiggen

Jesse

Mr

02/05/1974

4

Sukel

Johanna

Ms

02/06/1950

5

Chardome

Veronique Franoise Louise

Ms

29/10/1964

APPENDIX II

Application no. 25714/16

List of annexes

Annex No.

Description

Page

1

Dutch Safety Board Final Investigative Report & Dutch Safety Board Main Addendum to Final Report & A Addendum V, W, X, Y and Z (Documents 1-7 came pre-consecutively #’d)

p. 1-279

2

Bellingcat Computer Forensics Report, Sources of the Separatists BUK.

p. 1-35

3

Putin War, Nemetsov, May 2015

p. 4-65

4

ARES/Armament Research Report #3 November, 2014

p. 1-78

5

Russia’s Path to War, Bellingcat, 2015

p. 1-67

6

How Social Sleuthing Uncovered Evidence of Surface to Air Missiles in Eastern Ukraine (with maps) published July 19,l 2014, S

p. 1-22

7

An Invasion By Any Other Name: The Kremlin’s Dirty War in the Ukraine, The Interpreter, Institute of Modern Russia, 2015

p. 1-84

8

Jerome L. Skinner’s Credentials (Documents 8-38 are consecutively numbered)

p. 1-6

9

Compilations of Disinformation from European Union with sources identified

p. 7-12

10

Bellingcat Individual Topic Reports, July, 2014 to November 2014.

p. 13-134

11

Bellingcat Individual Topic Reports, January, 2015 to June, 2015

P. 135-287

12

Bellingcat Individual Topic Reports, October, 2015.

p. 288-321

13

Bellingcat Individual Topic Reports, July to August, 2015

p. 322-402

14

Convention on International Civil Aviation December 7, 1944; Chicago Convention

p. 403-453

15

Various news articles on Russian Federation derioals, UN security Council Veto, Operation Pawn Storm, Putin’s 70th Russion Journal Assembly

p. 454-493

16

Dutch Safety Board Final Report; Page 146, Figure 64, Launch Area Simulation.

p. 494-495

17

Igore (Girkin) Strelkov Tweets and Retweets.

p. 496-524

18

Bellingcat Filterable List of Equipment Sighting.

p. 525-539

19

Bellingcat Filterable List of Equipment Sighting, Items 22-16.

p. 540-544

20

Bellingcat Filterable List of Equipment Sighting, Individual Data Cards Item 001.

p. 545-547

21

Bellingcat Filterable List of Equipment Sighting, Individual Data Cards Item 003.

p. 548-550

22

Bellingcat Filterable List of Equipment Sighting, Individual Data Cards Item 0013.

p. 1-7

23

Bellingcat Filterable List of Equipment Sighting, Individual Data Cards Item 0017.

p. 1-5

24

Bellingcat Filterable List of Equipment Sighting, Individual Data Cards Item 0022.

p. 6-10

25

Bellingcat Filterable List of Equipment Sighting, Individual Data Cards Item 0100.

p. 11-16

26

Bellingcat Filterable List of Equipment Sighting, Individual Data Cards Item 0101.

p. 17-19

27

Bellingcat Filterable List of Equipment Sighting, Individual Data Cards Item 0103.

p. 20-25

28

Bellingcat Filterable List of Equipment Sighting, Individual Data Cards Item 0102.

p. 26-29

29

Belllngcat Filterable List of Equipment Sighting , Individual Data Cards Item 0105.

p. 30-36

30

Bellingcat Filterable List of Equipment Sighting, Individual Data Cards Item 0106.

p. 37-42

31

Articles from Rueter’s (2) which document Vladimir Putin’s Calculations.

p. 43-47

32

Signed Sworn Statement of Eliot Higgins, Bellingcat Investigative Computer Forensics Analyst.

p. 48-51

33

Pan Am 103 Memorandum of Understanding.

p. 52-53

34

Letter to Russian Federation.

p. 54-57

35

Signed Sworn Statement of James Hall, former Chairman of the US National Transportation Safety Board (NTSB).

p. 58-60

Sealed until Court review because of disclaimer of actual names and identities:

36

Separatist Convoy Linked to MH17 BUK Transport.

p. 61-78

37

MH17-Potential Suspects and Witnesses from the 53rd Anti-Aircraft Missile Brigade.

p. 79-199

38

Zip Drive Index

38

a. 0003 Troitsky: Buk convoy making a turning

38

b. 0017 Neznamovo: Buks on trailers near gas station

38

c. 0100 Donetsk: Buk photographed by Paris Match

38

d. 0101 Zuhres: Buk and other vehicles

38

e. 0102 Torez: Buk on a trailer

38

f. 0103 Snizhne Buk driving under its own power

38

g. 0104 Snizhne: Buk driving under its own power

38

h. 0105 Luhansk: Buk missing a missile

38

i. 0106 Donetsk: second photograph of Buk by Paris Match

38

J. DSB Accident Reconstruction Video

Digital

39

(1) Images and Analysis for US GEO Eye 1 Satellite over Makiiuka on July 17, 2014.

p. 1-8

39

(2) Allsource and Stratfor Data and Analysis.

40

Bellingcat Report/The Russian Ministry of Foreign Affairs Publishes, "Their" Evidence of MH 17 fakery

p. 1-22

41

Bellingcat Report/Post Russia’s War in the Ukraine: The Medals and Treacherous Numbers.

p. 1-22

42

Bellingcat Report/Post MH17:The Open Srouce Investigation Two Years Later.

p. 1-42

43

(1) Joint Investigative Team - JIT Presentation of Preliminary results of Criminal Investigation MH17 29/09/2016.

p. 1-17

43

(2) JIT: Flight MH17 was shot down by a BUK Missile from farmland near Pervomaiskyi.

43

(3) MH17: Call for witnesses - English transcription.

43

(4) Three articles from Dutch Media.

43

(5) Affidavit from Jerome L. Skinner.

44

Email releases regarding russian plans for Ukraine and Russian presence in Ukraine and the Pre-attack Political and military escalation of hostilities in the Donbas Region June and July 1-17.

p. 1-39

45

Bellingcat Report, March 2016, MH17 - routes, destinations and involvement of the 2nd and 147th Automobile Battalions in June and July 2014.

p. 1-52

46

(1) Bellingcat Report: Identifying Khmuryi, the Major-General linked to the downing of MH17, posted February 15, 2017.

p.1-24

46

(2) Bellingcat Report: The Role of Sergey Dubinsky in the Downing of MH17.

46

(3) Video electronic recordings of intercepted telephone conversations identified above on Page 1 of item 1 of Khmuryi Report above. Identifies Khmuryi as a Russian Officer confirms BUK and use of Russian crew.

Digital

47

(1) Pre-MH17 photograph discovered. Note the clear transition in photos on Page 2 of this document from "332" to 3 ( ) 2 to nearly blanked out in the July Paris match photo.

p. 1-66

(2) Drivers of June and July BUK convoy trucks.

48

Applicants expert witness reports:

p. 1-30

48

James Hall

48

Keneth Johnson

48

Eliot Higgins

48

David Satter

48

Vasyl V. Vovk

49

Photographs and videos from DSB Investigation, JIT Investigation and the Finland Army Anti-Aircraft Museum, BUK M1 and Telar Exhibit.

Digital

50

Bellingcat Report on Russian Colonel General Identified as Key MH 17 Figure, Photos
and intercepted Telecommunications (hard copy and digital for intercepted Telecommunications)

Digital (50.2)

51

UK Governement Intelligence and Security Committtee of Parliament Report and British Intelligence Report on Source of MH 17 Murder Weapon

52

US State Department Report, Marking the Third Anniversary of the Downing of Malaysian Airlines Flight 17

53

New MH 17 Photograph Geolocated to Donetsk

54

The Open Source Investigatio, Three Years Later, Bellingcat Report

55

JIT Publishes New Photograph of Buk 332 from the Day of MH 17 Downing, Bellingcat Report

56

Pre-MH 17 Photograph of Russian Buk 332 Discovered, Bellingcat Report

57

Article from Dutch News on Ukrainian and Russian NOTAMS and copy of Russian Federation, Rostov FIR/ATC NOTAN V6158/14

Application no. 56328/18

List of annexes in chronological order of their submission in accordance with the application and explanatory notes

1.Explanatory notes to Sections E, F and G of this form p. 1

2.UN Resolution 2166 United Nations Security Council p. 22

3.Investigation report of the Dutch Safety Board p. 25

4.Bellingcat report ‘MH 17, The Open Source Investigation Three Years Later’                            p. 323

5.Bellingcat report ‘MH17: Potential Suspects and Witnesses from the 53rd

Anti-Aircraft Missile Brigade’ p. 397

6.Animation of flight MH17 MEMORY STICK

7.Animation reconstruction air disaster MEMORY STICK

8.Animation route convoy MEMORY STICK

9.JIT: Presentation of the initial results of the criminal investigation MH17 28-09-2016;               p. 516

10.JIT: MH17 shot down by Buk rocket from agricultural field near Pervomaiskyi,

28 September 2016 p. 530

11.Animation forensic examination MEMORY STICK

12.Animation of the weapon MEMORY STICK

13.JIT reaction to press conference Russian Ministry of Defence; p. 537

14.Intercepted conversation 1 MEMORY STICK

15.Intercepted conversation 2 June 2015, 14:02:13 hours MEMORY STICK

16.JIT MH17 press meeting MH17, May 24, 2018 MEMORY STICK

17.Bellingcat: ‘Tracking the Trailers: Investigation of MH17 BUK’s Russian Convoy’              p. 543

18.Declaration of liability of the Russian Federation by the Netherlands and Australia               p. 558

19.‘Russia under fire at UN over downing MH17’ p. 560

20.UN News: ‘UN chief notes ‘with concern’ report holding Russia liable for downing airliner p. 564

21.NRC: ‘Russian Ministry of Defence: Buk rocket that downed MH17 came down from Ukraine’p. 569

22.Interview Ambassador Shulgin: ‘MH17 investigation is biased’ p. 574

23.Interview Ambassador Shulgin Russia MH17 investigation is biased MEMORY STICK

24.Interview Ambassador Shulgin Russian MH17 suspect will not be extradited MEMORY STICK

25.Complete interview with Ambassador Shulgin MEMORY STICK

26.Volkskrant: ‘Russia had nothing to do with bringing down MH17’- Putin continues to deny, despite JIT investigation p. 580

27.RTL Nieuws: ‘Russia: discussion about MH 17 should focus on Ukraine’s liability’ p. 593

28.JIT: ‘Radar experts confirm earlier conclusion JIT’ p. 600

29.Volkskrant: ‘Russia shows radar images: ‘MH17 not shot from rebel-held area’                            p. 604

30.Trouw: ‘Why Russia does not admit mistakes and does not admit guilt about MH 17’ p. 611

31.RF press conference on the MH17 disaster MEMORY STICK

32.Volkskrant: International Court of Justice examines whether Russia is guilty of downing MH17’ p. 616

33.Documents complaints procedure Ukraine against Russia submitted to ICJ, 19 April 2017p. 622

34.Documents complaints procedure Ukraine against Russia submitted to ICJ, 1 October 2018 p. 641

35.Bellingcat: ‘BUK launch site data in the Dutch Safety Board’s MH 17 Investigation’ p. 644

36.JIT: MH17 shot down by Buk rocket from agricultural field near Pervomaiskyi, 28

September 2016 p. 654

37.JIT: ‘Update criminal investigation MH17 disaster’ p. 660

38.Bellingcat: ‘Name of general involved in BUK rocket MH17 known’ p. 666

39.Bellingcat: ‘Russian Colonel General Identified as key MH17 figure’ p. 669

40.Volkskrant: ‘Bellingcat: highly placed Russian army officer main suspect in MH17 case’ p. 711

41.MH17 - Russian GRU commander ‘Orion’ Identified as Oleg Ivannikov’ p. 718

42.European Parliament resolution of 13 September 2012 on the political use of justice in Russia (2012/2789(RSP)) p. 734

43.Report of the Special Rapporteur on the independence of judges and lawyers of 30

April 2014 (A/HRC/26/32/Add.1) p. 738

44.European Parliament resolution of 12 March 2015 on the murder of the Russian

opposition leader Boris Nemtsov and the state of democracy in Russia (2015/2592

(RSP) p. 760

45.Council of Europe Commissioner for Human Rights, 25 February 2016, ‘As long as the judicial system of the Russian federation does not become more independent doubts

about its effectiveness remain’ p. 767

46.European Parliament resolution of 6 April 2017 on Russia, the arrest of Alexei Navalny and other protestors (2017/2646(RSP) p. 770

47.Concluding observations of the UN Human Rights Committee 2 April 2015 of the

review issued by the Russian Federation p. 776

48.Recommendations UN Human Rights Committee p. 780

49. News article Lawyers for Lawyers, showing that lawyers in the Russian Federation experience inappropriate interference, obstruction and intimidation in their work p. 793

50.News article Raam op Rusland: ‘The Russian court is a nightmare’ p. 797

51.News article Lawyers for Lawyers, showing that lawyers in the Russian Federation

experience inappropriate interference, obstruction and intimidation in their work p. 815

52.News article Lawyers for Lawyers, showing that lawyers in the Russian Federation

experience inappropriate interference, obstruction and intimidation in their work p. 819

53.News article Lawyers for Lawyers, showing that lawyers in the Russian Federation

experience inappropriate interference, obstruction and intimidation in their work p. 823

54.News article NRC: ‘State manipulates judge in Russia’ p. 827

55.Article NL Times ‘MH17 relatives entitled to millions in damages: U.S. court’ p. 832

 

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