The Netherlands notifies UN Security Council about Russian Federation disrespecting Resolution 2166

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The Netherlands permanent representative to the United Nations on behalf of Malaysia, Ukraine, Australia and Belgium sent a letter to the President of the UN Security Council notifying that the Russian Federation does not fully cooperate with the criminal investigation into the downing of MH17.

UN Security Council Resolution 2166, also signed by Russian Federation, called on all United Nations member states “to provide any requested assistance to civil and criminal investigations”

The letter, dated June 20 2019,  states:

I wish to recall that the Security Council, in this resolution, also demanded that all Sates cooperate fully with efforts to establish accountability. In this context, the Joint Investigation Team has informed us that the answers provided by the Russian Federation to a significant number of questions submitted through requests for mutual legal assistance, have proven to be inadequate and insufficient.

 

A day before, Dutch  Minister of Justice and Security Grapperhaus informed Dutch Parliament that

“diplomatic steps have been taken towards the Russian Federation because, according to the Public Prosecution Service, the Russian authorities did not respond adequately, incorrectly or to requests for legal assistance”

Which diplomatic steps were taken is not described in the letter. A spokeswoman for Grapperhaus also does not want to explain this further. According to her, what matters is that Russia was approached on 7 June “through diplomatic channels” and requested to fully cooperate.

While not all legal requests by the JIT to the Russian Federation are publically known, some were made public during JIT pressconferences. These are some examples of requests Russia did not respond to:

  1. JIT requested Russia where Buk with sidenumber 3X2 was located at July 17, 2014. This Buk was seen in Eastern Ukraine and is the Buk which launched a missile.
    Russia did not respond
  2. JIT requested where suspect Sergey Dubinsky was at July 17, 2014.
    Russia did not respond
  3. JIT asked information about Buk serial numbers.
    Russia did not respond
  4. Probably in March 2017 Dutch prosecutor requested Russia to explicit hand over radar data of Buturinskaya radar antenna
    Russia did not respond
  5. JIT requested Russia at 15 October 2014  to hand over primary radar data regarding the area Donetsk/Luhansk for the period from 14 July up to and including 18 July 2014.
    Russia responded by handing over a video recording showing both primary radar and secondary radar data. However this videotape has filtered information and cannot be used to validate if a missile was detected or not. Russia handed over raw radar data two years later in an non-standard format and without supplying an english manual.
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