Putin approved supply of missiles that shot down MH17 in 2014: investigators

The Hague: Russian President Vladimir Putin played a major role in supplying the anti-aircraft weaponry that downed Malaysia Airlines flight 17 over eastern Ukraine nine years ago, killing all 298 people on board, an international investigation team has found.

Dutch prosecutors said there were “strong indications” that Putin had signed off on a decision to provide the missile to separatists who shot down MH17, but that his position as head of state would prevent any charges being brought under international law.

The five-nation investigative team announced it had suspended its criminal investigation because of insufficient evidence and immunity privileges, meaning further prosecutions of those who either fired the missile or ordered them to press the button are unlikely.

The Boeing 777 commercial jet was flying from Amsterdam to Kuala Lumpur when it was shot down over eastern Ukraine on July 17, 2014, killing 15 crew members and 283 passengers from 17 nations, including 38 who called Australia home.

Deputy chief prosecutor and leader of the MH17 team, Digna van Boetzelaer, told journalists at The Hague there was concrete information that the separatists’ request for the Buk missile was submitted to the Russian President and that he agreed. However, she said there was no suggestion that Putin was involved in ordering the aircraft be shot down.

The wreckage of the MH17 flight, which was shot down in Ukraine in 2014.Credit: Getty Images

At Wednesday’s announcement, investigators played intercepted phone conversations with Russian officials who said that the decision to provide military support “rests with the President”.

The phone taps revealed ties between the Russian military and the separatists, and suggested that delivery of the missile system was delayed because Putin had been participating in a World War II commemoration in France.

“He’s the only one who makes the decision, nobody else,” the audio intercept said. The intercept appeared to confirm that the surface-to-air missile used to shoot down the plane was trucked in from Russia at the request of the separatists.

In addition to Putin, several other people were also identified for their involvement in the decision to supply the separatists in eastern Ukraine with the Russian Buk missile.

The individuals included Russian Defence Minister Sergei Shoigu, former Russian prime minister Vladislav Surkov and Alexei Dyumin, who led the Russian military’s Special Operations Forces annexation of Crimea in 2014.

Deputy chief prosecutor and leader of the MH17 team, Digna van Boetzelaer (right), said Vladimir Putin signed off on a decision to provide the missile to separatists.Credit: AP

In announcing the suspension of the investigation, van Boetzelaer said the team had “exhausted all scope” and the current chances of bringing any further prosecutions were slim.

“There are strong indications that in Russia, the President made the decision to provide the BUK-TELAR to the separatists,” van Boetzelaer said. “Although we speak of strong indications, the high bar of complete and conclusive evidence is not reached.”

She said the findings did not provide sufficient ground for prosecution because “the evidence that has been gathered is not strong enough to be lawful and convincing”.

Van Boetzelaer said the team had investigated the crew who downed the plane, with their probe leading to three officers of the 53rd brigade of the Russian army being identified but their names would not be released because their involvement had not been confirmed by other sources.

“The Russian authorities are not answering questions about the crew, as they say there was no Russian BUK-TELAR present in eastern Ukraine,” she said.

Australian Federal Police Assistant Commissioner David McLean said the investigation would remain open and hoped people came forward with additional information.

AFP Assistant Commissioner David McLean says he hopes further information will one day lead to more prosecutions. Credit: AP

In November, a Dutch court convicted two former Russian intelligence agents and a Ukrainian separatist leader of murder for helping to arrange the missile system that was used to shoot the plane down.

The men were tried in absentia – a criminal proceeding when the defendant is not present in the court – since they are still at large. They are all believed to be in Russia or Russian-occupied parts of Ukraine and are unlikely to face jail unless they travel abroad.

They were all senior commanders in the separatist movement, the so-called Donetsk People’s Republic, just months after Russia had annexed Crimea and began backing the breakaway fighters in the Donbas region.

Russia has denied any responsibility for MH17’s destruction and has called the trial in which the three men were convicted politically motivated.

At the time the plane was shot down, Ukrainian forces were fighting with pro-Russia separatists in eastern Ukraine’s Donetsk province. While Russia had annexed Crimea in March 2014, it denied military involvement in fighting in Donetsk at that time.

Assistant Commissioner David McLean, who is the Australian Federal Police commander of Europe, Middle East and Africa, said while he was disappointed for families, the taskforce had exhausted all avenues.

“The disappointment would be far more pronounced on our part if we felt we hadn’t done what we could reasonably do in the circumstances that we have,” he said.

McLean said the investigation would remain open and hoped people came forward with additional information, pointing to the fact prosecutors are still pursuing the Lockerbie bombing after 34 years.

“Whether it is a year from now or 10 years from now … [if] somehow somewhere we get that piece of information that we need, we can resolve the matter with hopefully some finality.”

Many of the Dutch relatives of those killed in the attack were informed of the new details in a private meeting ahead of the press conference, held at Eurojust, the European agency for judicial cooperation in criminal matters, in The Hague. Others were able to log on to the announcement, which took place after 11pm AEST.

The European Court of Human Rights announced recently it would examine Russia’s role in the downing of the flight. This followed complaints from the Netherlands and individual surviving relatives. Investigators said the research results presented on Wednesday would contribute to that case.

Get a note directly from our foreign correspondents on what’s making headlines around the world. Sign up for the weekly What in the World newsletter here.