Published on 5 January 2026
FIRST SECTION
Application no. 32437/23
Mohamed Shafiq BIN MOHAMED SALLEH and Others
against Russia
lodged on 19 June 2023
communicated on 9 December 2025
SUBJECT MATTER OF THE CASE
The application arises from the conflict in eastern Ukraine that began in spring 2014. It concerns 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 application 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, their dates of birth and the dates on which they introduced their applications before the Court are set out in the Appendix.
The applicants are represented by Ms A.F. Collignon, a lawyer practising in Amsterdam.
COMPLAINTS
The applicants 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.
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? In particular, have they complied with the four-month time-limit laid down in that Article (see Ukraine and the Netherlands v. Russia (dec.) [GC], nos. 8019/16 and 2 others, §§ 808-16, 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)?
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
Date of introduction – 19 June 2023
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Bin Mohamed Salleh
Mohamed Shafiq
Mr
07/09/1994
Malaysian
2.
Binti Mohamed Salleh
Nur Shazani
Ms
06/11/1988
Malaysian
3.
Binti Mohamed Salleh
Nur Shima
Ms
03/09/1993
Malaysian
4.
Binti Mohd Shabdin
Kalasom Bee
Ms
09/03/1935
Malaysian
5.
Chua
Cheng Geok
Ms
15/03/1945
Malaysian
6.
Lee
Chee Chuan
Mr
24/05/1974
Malaysian
7.
Lee
Chii Leong
Mr
23/08/1962
Malaysian
8.
Lee
Hooi Bin
Ms
02/03/1967
Malaysian
9.
Lee
Hooi Ling
Ms
25/02/1965
Malaysian
10.
Lee
Hooi Peng
Ms
24/09/1969
Malaysian
11.
Mohd Ghafar
Afi Hazim
Mr
01/06/2000
Malaysian
12.
Mohd Ghafar
Ammar Syarif
Mr
08/07/1989
Malaysian
13.
Mohd Ghafar
Sa’imah Baizura
Ms
12/09/1985
Malaysian
14.
Mohd Tarmizi
Aliff Haiqal
Mr
05/01/2006
Malaysian
15.
Mohd Tarmizi
Aliff Hazeim
Mr
20/11/2012
Malaysian
16.
Sandhu
Hans Singh
Mr
04/11/2004
Malaysian
17.
Sandhu Naranjan Singh
Sheila
Ms
27/12/1969
Malaysian
18.
Wong
Hon Kai
Mr
05/02/2004
Malaysian
19.
Wong
Ruiqi
Ms
25/04/2001
Malaysian
20.
Wong
Shenkai
Mr
07/02/2012
Malaysian
Date of introduction – 2 July 2024
No.
Family name
First name(s)
Title
Date of birth
Nationality
1.
Liddle
Tracey Anne
Mrs
12/06/1979
British
2.
Sweeney
David Richard
Mr
13/09/1981
British
3.
Sweeney
Ryan Robert
Mr
23/03/1985
British