An overview of lawyers working on MH17 court cases

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Several court cases are being prepared. This post will provide an overview.

There are court cases against Malaysia Airlines, the Dutch State, Ukraine and the Russian Federation.

The Dutch state, in particular ministers, is blamed for not providing information about the safety situation to Dutch airlines. 
Parents of passenger Fatima Dyczynski submitted a case at the ICC in the Hague against former minister Opstelten and Teeven (elsevier)

In another case, Dutch media RTL Nieuws, NOS and newspaper Volkskrant went to the court in Utrecht to force Dutch state to release information. (more info)

As per May 20, 2017 the status of the RTL case is that on both FOI requestes Dutch state objected and went to the highest court Raad van State. An ordeal is expected in 2018 or so.

The Ukraine state is blaimed for not closing its airspace.
German lawyer Elmer Giemulla submitted an application to the ECHR. (info). ECHR has accepted the application according an article by Russia Today. The applications are registered under numbers ‘Ioppa v. Ukraine 73776/14 ‘ and three other applications (nos. 73776/14, 973/15, 4407/15 and 4412/15)

The latest status is that Ukraine commented that domestic remedies are not exhausted. This is required before ECHR can accept the case. Read more here.

Russia is sued by Ukraine at the ICJ in the Hague. 

Until July 12 2019 Ukraine and Russia have time to submit evidence and submit arguments. (source)

The Russian Federation is blaimed for being involved in shot down of MH17. 
Families of Australian victims of Malaysia Airlines Flight MH17 downed by a missile over the Ukraine in July 2014 are seeking compensation of $10 million per passenger in what could result in one of the largest aviation disaster payouts in history.
The claim served by Sydney legal firm LHD Lawyers on May 9 to the European Court of Human Rights lays the blame squarely at the door of the Russians. (Sydney Morning Herald). More info in this blogpost

Jerry Skinner had an interview for Australian radio in mid May 2016. The interview can he heard here.

Malaysia Airlines is brought to court for compensation.
Dutch lawyers Veeru Mewa, Peter Langstraat, Sander de Lang, Evert Wytema and Antoinette Collignon are or were working on this.

In Australia a court case is prepared. Read the blogpost of John Helmer here. 

In July 2016 Sydney law firm called Leitch Hasson & Dent (LHD). LHD has filed a new compensation claim on behalf of a victim of the Malaysian Airline MH17 crash of July 17, 2014. The new case, filed in the Australian Federal Court on July 5 2016 , targets the airline on behalf of a single Australian applicant (Tim Lauschet of Sydney). Details are here. and here.

In June 2, 2016 families of six crew members on board the ill-fated Flight MH17 filed a suit against Malaysia Airline System (MAS) and Malaysia Airlines Bhd (MAB) for negligence and breach of contract.

The names of the crewmembers are inflight supervisor Mohd Gafar Abu Bakar, leading flight stewardess Lee Hui Pin, flight stewardess Chong Yee Pheng, Hamfazlin Sham Mohamed Arifin and Nur Shazana Mohamed Salleh and flight steward Sanjid Singh Sandhu Jijar Singh. The families were represented by lawyer T.Balan Nair.

New Strait Times has the details.

 

Igor Girkin is sued at a Chicago court by next of kin of 18 passenger. (info). No families of Dutch passengers are involved in this court case.

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3 Comments on An overview of lawyers working on MH17 court cases

  1. Liane Theuer // February 2, 2016 at 11:40 pm // Reply

    Jerry Skinner about Elmar Giemulla :

    „Mr Skinner expressed surprise that a German mother had filed solely against the Ukraine for failing to close airspace over the war zone, suggesting the case was shortsighted.
    Professor Elmar Giemulla is acting for the woman who is seeking $1.2 million from the Ukraine for “negligent homicide”.
    Mr Skinner rejected the notion the Ukraine should bear sole responsibility for the tragedy but said he was waiting on information currently with lead investigative agency, the Dutch Safety Board. “Everybody has a pretty good idea of why the plane crashed,” he said.
    “What we need is the political information obtained that identifies the actors who made the operational decisions.”
    http://www.news.com.au/travel/travel-updates/australian-families-set-to-launch-wide-ranging-lawsuit-over-mh17-tragedy/story-fnizu68q-1227143694292

    By the way : Jerry Skinner can no longer submit a lawsuit in the European Court of Human Rights, because the period of 6 months is long past !

  2. Several relatives of the victims sued lawsuit in the European Court of Human Rights against Ukraine on 1 million dollars:

    rus: https://lenta.ru/news/2016/08/06/mh17/

  3. Liane Theuer // August 6, 2016 at 5:16 pm // Reply

    The European court of human rights (ECHR) has started to examine the complaint against Ukraine in the MH17 case.
    http://en.censor.net.ua/news/400739/echr_considers_applications_regarding_boeing_mh17_crash_against_ukraine

    I believe that Elmar Giemulla´s indictment is the only one that has any chance of success.
    However, there is still a hurdle to take :
    The applicants need to convince the ECHR that they have exhausted options for legal protection in the Ukrainian courts, as required by the European Convention on human rights.

    IF the ECHR does not want to see Ukraine in the dock, they could rename this provision as a reason.
    Because it is nearly impossible to define at what point all options for legal protection are exhausted.

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