Published on 5 January 2026
FIRST SECTION
Applications nos. 22729/19 and 3568/20
Geertje Jenneke BAKKER and Others against Russia
and Geertina Klasina WARTA and Others against Russia
lodged on 23 April 2019 and 20 December 2019 respectively
communicated on 9 December 2025
SUBJECT MATTER OF THE CASE
The applications arise from the conflict in eastern Ukraine that began in the spring of 2014. They concern the shooting down of Malaysia Airlines flight MH17 over the region on 17 July 2014.
A chronology of the conflict is set out in Ukraine and the Netherlands v. Russia [GC], nos. 8019/16 and 3 others, §§ 35-79, 9 July 2025. The details of the investigations and the criminal proceedings concerning the downing of flight MH17, including the investigations led by the Dutch Safety Board (“DSB”), the joint investigation team (“JIT”), the proceedings before the first instance court in The Hague, and the International Civil Aviation Organisation (ICAO) Council, are set out in paragraphs 126-37 of the same judgment. The Court’s findings in respect of the downing of flight MH17 can be found in paragraphs 432-555.
The Court has found in the above-mentioned judgment that the downing of flight MH17, resulting in the deaths of all 298 civilians on board, was the consequence of the firing from separatist-controlled territory of a Buk missile supplied and transported to eastern Ukraine, along with a Buk-TELAR, by the Russian Federation. It has further found that the evidence demonstrated beyond reasonable doubt that the Buk‑TELAR used to shoot down flight MH17 had been provided by the Russian Federation in direct response to the separatists’ call for anti‑aircraft weaponry (ibid., § 452).
The applicants in the present applications are relatives of some of the victims who were on board flight MH17 (see, in this connection, two other applications lodged by the relatives of a large number of the remaining victims, namely Ayley and Others v. Russia, no. 25714/16 and Angline and Others v. Russia, no. 56328/18, communicated on 3 April 2019).
A list of applicants, their nationalities, dates of birth and the dates on which they introduced their applications before the Court are set out in the Appendix.
The applicants in application no. 22729/19 are represented by Ms A.F. Collignon, a lawyer practising in Amsterdam. The applicants in application no. 3568/20 are represented by Ms C. Wijnakker, a lawyer also practising in Amsterdam.
COMPLAINTS
The applicants in application no. 22729/19 complain under Article 2 of the Convention that the Russian Federation was responsible for the downing of flight MH17 and the killing of their relatives on board, either directly or through the acts of separatists under its control.
They further complain under Article 2 of the Convention that the Russian Federation failed to discharge its obligation to conduct an effective investigation into the killing of their relatives and to bring the perpetrators to justice. They add that the Russian Federation also failed to cooperate with the investigations carried out by the DSB and the JIT.
Finally, they complain under Article 3 of the Convention that the killing of their relatives constituted inhuman and degrading treatment.
The applicants in application no. 3568/20 complain as follows:
(1) referring to 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 MH17 under one of the following scenarios: (i) it was actively involved, through its officials, in the decision to fire the BUK missile at the airplane, or (ii) despite the presence of its military during the firing of the BUK missile at the airplane, it did not prevent its firing by the separatists, or (iii) it made the BUK launch facility and missile available to the separatists without controlling its use, or (iv) it did not keep the BUK launch facility and missile 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) citing Articles 2, 3 and 8 of the Convention, that, by failing to cooperate with the international investigations and to conduct an adequate domestic investigation, as well as by failing to provide information that could clarify who was responsible for the killing of the applicants’ 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) referring to Articles 2, 3, 6, 8 and 13 of the Convention, that the Russian Federation, by failing to cooperate with the international investigations and to conduct an adequate domestic investigation, deprived the applicants of their right to an effective remedy and compensation.
QUESTIONS TO THE PARTIES
1. Can the applicants claim to be victims of the alleged violations of the Convention? The applicants are requested to provide the Court with the name(s) of their relative(s) who died on board flight MH17, as indicated in their official identity documents, and explain the applicants’ level of kinship to the deceased.
2. Have the applicants complied with the requirements of Article 35 § 1 of the Convention (see Ukraine and the Netherlands v. Russia (dec.) [GC], nos. 8019/16 and 2 others, §§ 799-817, 30 November 2022)?
3. Has there been a violation of the substantive limb of Article 2 on account of the killing of the applicants’ relatives (see Ukraine and the Netherlands v. Russia, cited above, §§ 432-66)?
4. Has there been a breach of the procedural limb of Article 2 of the Convention in relation to the applicants’ complaint that the Russian Federation failed to investigate the downing of flight MH17 and to cooperate with the relevant investigations (see Ukraine and the Netherlands v. Russia, cited above, §§ 467-500)?
5. Have the applicants been subjected to inhuman and degrading treatment in breach of Article 3 of the Convention in respect of their suffering as a result of the downing of flight MH17 (see Ukraine and the Netherlands v. Russia, cited above, §§ 515-52)?
6. Has there been a violation of Article 13 of the Convention in conjunction with Articles 2 and 3 on account of the applicants’ complaint of a lack of effective domestic remedies in application no. 3568/20 (see Ukraine and the Netherlands v. Russia, cited above, §§ 501-14 and §§ 553-55)?
Finally, the applicants are requested to verify the accuracy of their names and dates of birth, as indicated in the Appendix, to ensure that they correspond to those appearing in their official identity documents, and to inform the Court of any necessary corrections. The applicants are also invited to provide the Court with copies of those documents.
APPENDIX
Application no. 22729/19
Date of introduction – 23 April 2019
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Bakker
Geertje Jenneke
Mrs
04/10/1945
Dutch
2.
van de Mortel
Yarick
Mr
01/12/1995
Dutch
Date of introduction – 24 April 2019
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Albinus
Ommy
Mrs
11/03/1947
Dutch
2.
Anghel
Sorin
Mr
31/05/1961
Canadian
3.
Broos
Adriana Nicolaas Maria
Mrs
02/06/1951
Dutch
4.
Calehr
Samira Soraya
Mrs
30/08/1976
Dutch
5.
de Borst
Hans Robert
Mr
17/08/1962
Dutch
6.
Fredriksz
Robbert Edward
Mr
29/02/1948
Dutch
7.
Fredriksz-Hoogzand
Silene
Mrs
14/01/1963
Dutch
8.
Gianotten
Elisabeth Corstiana
Mrs
03/05/1986
Dutch
9.
Gianotten
Janna Johanna
Mrs
05/06/1954
Dutch
10.
Gianotten
Johanes Jacobus Theodorus
Mr
15/06/1955
Dutch
11.
Hornikx
Gijsbertus Wilhelmus Josephus Maria
Mr
18/11/1947
Dutch
12.
Pratiwi
Hanny
Mrs
18/09/1985
Dutch
13.
van der Arend e/v van Veldhuizen
Johanna Wilhelmina Maria
Mrs
27/06/1943
Dutch
14.
van Veldhuizen
Franciscus Johannes Martinus
Mr
25/01/1975
Dutch
15.
van Veldhuizen
Johannes Thomas Maria
Mr
07/01/1940
Dutch
16.
van Veldhuizen
Norbert Johannes Martines
Mr
03/04/1978
Dutch
17.
van Veldhuizen
Roberto Gerardus Johannes
Mr
11/08/1973
Dutch
Date of introduction – 29 May 2020
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Clancy
Bryan John
Mr
31/12/1957
Australian
2.
Clancy
Richard Vincent
Mr
07/12/1961
Australian
3.
Derden
Rita
Mrs
06/04/1958
Belgian
4.
Horder
Adam John
Mr
04/03/1981
Australian
5.
Horder
David Anthony
Mr
05/03/1977
Australian
6.
Horder
Matthew Richard
Mr
20/03/1975
Australian
7.
Mayne
Simon
Mr
08/01/1961
British
8.
Pocock
Jeremy David
Mr
27/07/1963
British
9.
Pocock
Sara Louise
Mrs
15/06/1961
British
10.
Rizk
James Elliott
Mr
28/03/1993
Australian
11.
Rizk
Vanessa Kathleen
Mrs
07/10/1991
Australian
12.
van Loo
Johannes Joseph
Mr
24/12/1952
Dutch
13.
Villaca Vanetta
Claudio Manoel
Mr
17/02/1963
Swiss, Brazilian
14.
Withers
Brittany June
Mrs
20/09/1996
British
15.
Withers
Jordan
Mr
23/10/1991
British
16.
Withers
Tracey
Mrs
20/09/1964
British
Date of introduction – 17 September 2020
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Derkx
Theresia Gerardine
Mrs
03/11/1932
Dutch
2.
O’Brien
Bronwyn Ellen
Mrs
26/07/1992
Australian
3.
O’Brien
Jonathan Mark
Mr
01/04/1960
Australian
4.
O’Brien
Meryn Lesley
Mrs
08/04/1961
Australian
5.
Paulissen
Christina Hubertina Elisabeth
Mrs
02/08/1957
Dutch
6.
Schardijn
Reginald John Ricardo
Mr
27/12/1959
Dutch
7.
Vleesenbeek
Donald Erik
Mr
13/04/1978
Dutch
8.
Vleesenbeek
Leonie Kristie
Mrs
22/12/1986
Dutch
9.
Vleesenbeek
Leonard Harry
Mr
22/01/1950
Dutch
10.
Vleesenbeek
Mertijn Remko
Mr
17/02/1973
Dutch
11.
von Kreijfelt
Titia Arina
Mrs
08/07/1953
Dutch
Date of introduction – 4 January 2021
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Bakker
Jorn Christiaan
Mr
19/02/1987
Dutch
2.
Bakker
Rolf Hendrik
Mr
16/08/1988
Dutch
3.
de Waal
Richard Franciscus Cornelia
Mr
26/06/1974
Dutch
4.
Ernst
Remy Johannes
Mr
03/04/1978
Dutch
5.
Goes
Gijsbertus Josephus Maria
Mr
16/03/1937
Dutch
6.
Goes
Wim
Mr
15/05/1981
Dutch
7.
Grippeling
Marlies/Maria Cecilia
Mrs
10/01/1969
Dutch
8.
Nagel
Angela Claire
Mrs
15/10/1966
Australian
9.
Norris
Lindy Gail Brackenridge
Mrs
17/02/1954
Australian
10.
Serracino Inglott
Els
Mrs
24/03/1980
Dutch
Date of introduction – 8 June 2021
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Bakker
Suze Ann
Mrs
21/10/1984
Dutch
2.
Hoare
Hugo Charles
Mr
22/08/1956
British
3.
Hoare
Penelope Jane
Mrs
03/11/1927
British
4.
Kane
Michelle
Mrs
02/01/1990
Australian
5.
Lau
Melissa
Mrs
05/11/1986
Australian
6.
Maslin
Anthony Robert Frederick
Mr
02/05/1969
Australian
7.
Norris
Marite Nicole
Mrs
16/04/1973
Australian
8.
Tournier
Anne Rahimmah
Mrs
27/08/1985
Swiss
9.
Tournier
Johan Hippolyte
Mr
23/09/1988
Swiss
10.
Tournier
Hippolyte
Mr
22/09/1941
Swiss, Uruguayan
11.
van Luik
Alexander Johan
Mr
05/01/1964
Dutch
Date of introduction – 21 October 2021
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Anghel
Anca-Maria
Mrs
12/09/1962
Canadian
2.
Foo
Megan Manqing
Mrs
17/07/2000
Malaysian
3.
Loo
Pea Boon
Mr
05/12/1967
Malaysian
4.
Lupker
Werner
Mr
26/12/1973
Dutch
5.
Mesiran
Parlan
Mr
30/12/1953
Malaysian
6.
Milana
Alexandra Maria
Mrs
22/05/1988
Canadian
7.
Parlan
Fateen Izzah Atira
Mrs
09/02/1992
Malaysian
8.
Parlan
Fateen Izzah Haziqah
Mrs
17/06/1990
Malaysian
9.
Parlan
Fateen Najihah
Mrs
21/09/1986
Malaysian
10.
Parlan
Mohd Rizal
Mr
22/01/1979
Malaysian
11.
Poon
Jordan Kam Weng
Mr
04/04/2002
American
12.
Rajikon
Hasiah
Mrs
18/07/1957
Malaysian
Date of introduction – 1 August 2022
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Maas
Anna Maria Catharina Adriana
Mrs
08/08/1966
Dutch
2.
Maas
Franciscus
Mr
01/10/1959
Dutch
3.
Maas v Schijndel
Johanna Henrica
Mrs
28/10/1936
Dutch
Date of introduction – 19 December 2022
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Menke
Rudolf Maria
Mr
28/11/1952
Australian
2.
Menke
Sara Jane
Mrs
21/02/1974
Australian
3.
Menke
Walter Antonius
Mr
23/05/1956
Australian
Date of introduction – 12 January 2023
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Clancy
Frances Joy
Mrs
27/11/1930
Australian
2.
Dalziel
Campbell
Mr
09/12/1975
British
3.
Dalziel
Candice Chantelle
Mrs
18/06/1969
British
4.
Dalziel
Douglas
Mr
14/12/1937
British
5.
Dalziel
Meryll
Mrs
21/06/1940
South African
6.
Denby
Jordan
Mrs
26/08/1992
British
7.
Guard
David Alexander
Mr
06/05/1983
Australian
8.
Guard
Paul Andrew
Mr
23/04/1978
Australian
9.
Koopman
Amanda Lyn
Mrs
09/05/1980
Australian
10.
Mainaky
Ziska Olivia
Mrs
26/03/1954
Dutch
11.
Mayne
Elizabeth Ann
Mrs
11/12/1960
British
12.
Mayne
Francesca Ann
Mrs
31/12/1997
British
13.
Mayne
Thomas Alexander
Mr
29/03/1990
British
14.
Mayne
William Harry
Mr
17/07/1995
British
15.
Panduwinata
Mika Gawam
Mr
18/06/1998
Dutch
16.
Pocock
Emily Jane
Mrs
06/01/1996
British
17.
Robbins
Joyce Elaine
Mrs
10/07/1952
British
18.
Scott
Ruth Louise
Mrs
08/05/1960
Australian
19.
Sweeney
Barry David
Mr
17/12/1961
British
20.
Sweeney
Marc
Mr
02/05/1989
British
21.
Sweeney
Victoria
Mrs
11/07/1984
British
22.
van de Scheur-Calehr
Yasmine Johanna Christina
Mrs
27/04/1946
Dutch
Date of introduction – 9 February 2023
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Dalziel
Cruz
Mr
13/01/2010
South African
2.
Dalziel (Schultz)
Reine
Mrs
06/11/1976
South African
3.
Dalziel
Sheldon
Mr
11/11/1999
South African
Date of introduction – 30 March 2023
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Oreshkin
Mark
Mr
31/10/1981
Australian
Application no. 3568/20
Date of introduction – 20 December 2019
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Baaij
Nicolaas
Mr
17/09/2010
Dutch
2.
de Vos
Ewout Marius
Mr
10/11/1998
Dutch
3.
Jesurun
Eero Arthur Johan
Mr
04/09/1969
Dutch
4.
Jesurun-Jansen
Theodore Wijnanda
Ms
28/11/1933
Dutch
5.
Koopen-Risah
Louise A.
Ms
05/12/1949
Dutch
6.
Risah
Elly (Elisabeth)
Ms
31/10/1962
Dutch
7.
Risah
Frederik Roeland
Mr
01/11/1953
Dutch
8.
Risah
Maudy
Ms
20/10/1956
Dutch
9.
Risah
Peter
Mr
07/02/1961
Dutch
10.
van Staveren
Patricia Ann Theodore
Ms
09/10/1956
Dutch
11.
van Wiggen
Kate
Ms
03/08/1976
Dutch
12.
Warta
Geertina Klasina
Ms
03/06/1960
Dutch
Date of introduction – 7 July 2020
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Risah
Wijnand
Mr
24/11/1957
Dutch
Date of introduction – 16 September 2020
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
de Vos
Jorn Ward
Mr
03/08/1993
Dutch
2.
Kotte
Anton Philip
Mr
12/07/1944
Dutch
3.
Kotte
Edgar
Mr
05/09/1974
Dutch
4.
Lange
Anna Jozefina
Ms
01/07/1985
Dutch
5.
Lange
Maria Gesina
Ms
08/05/1989
Dutch
Date of introduction – 20 November 2020
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Lange
Martha Ottla
Ms
26/03/1992
Dutch
2.
Lange
Max Theodor
Mr
31/07/1987
Dutch
3.
Lange
Ottla Suzanna
Ms
31/08/1996
Dutch
Date of introduction – 10 December 2020
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
van Toulon van der Koog
Anouk Charlotte Caroline
Ms
07/04/1990
Dutch
Date of introduction – 7 March 2022
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Vorsselman
Daniel Arun
Mr
28/04/1987
Dutch
Date of introduction – 19 December 2022
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Dalstra
Lieke
Ms
05/08/1993
Dutch
2.
Dalstra
Hille
Mr
14/04/1995
Dutch