Man suspected of involvement in the bombing of Malaysia Airlines flight MH17 returned to Moscow under prisoner swap deal

Australia’s foreign affairs minister says she is ‘disappointed’ that a key ‘witness’ in the MH17 disaster has been returned to Russia under a historic prisoner swap deal with the Ukraine.

Foreign Affairs Minister Marise Payne says Australia is “disappointed” over Ukraine’s decision to release a person of interest in the investigation into the downing of MH17 as part of a prisoner swap with Russia.

Vladimir Tsemakh, a former commander of Russian-backed separatist forces in eastern Ukraine, was granted bail by a court in Kiev just two days ago, paving the way for his return to Russia. He had been captured by Ukrainian security services earlier this year.

Ukrainian and European Union politicians had protested his release to President Volodymyr Zelensky.

Vladimir Tsemakh, an Ukrainian man suspected of involvement in the downing of flight MH17, about to leave a dock of Kiev court of appeal. Picture: AFP

Ivan Bakanov, the head of Ukraine’s SBU security service, told the Interfax-Ukraine news agency that “Tsemakh’s absence from the exchange list automatically meant the cessation of talks with Russia”.

Moscow’s insistence on Mr Tsemakh’s release was “proof of Russia’s involvement in the MH17 crash,” Mr Bakanov claimed.

Senator Payne said his release would be “particularly disappointing” for the families of the victims.

“While the prisoner exchange is a matter for the two countries involved, the Australian government had asked the government of Ukraine to ensure Mr Tsemakh remained available for questioning by Joint Investigation Team (JIT) investigators, including Australian Federal Police, and had conveyed our deep concern at the prospect of his being included in any prisoner swap,” she said.

“We recognise Ukraine faced immense pressure from the Russian Federation to include Mr Tsemakh in this exchange. However, ensuring Mr Tsemakh faces justice will be more difficult if he is in Russia.”

Labor’s Foreign Affairs spokeswoman Penny Wong described Mr Tsemakh’s release as disturbing.

“We again call on all parties, including Russia, to co-operate with Dutch prosecutors,” she said.

Activists of National Corps, far right Ukrainian party, burn flares during a protest outside the court building after the court freed the man suspected of involvement in the downing of flight MH17. Picture: AFP

On Saturday Mr Tsemakh and 34 other prisoners were flown to Kiev from Moscow, while another plane carrying the same number of Ukrainians who had been imprisoned in Russia did the opposite journey.

The Dutch government issued a statement saying it “seriously regrets that under pressure from the Russian Federation, Tsemakh was included in this prisoner swap”.

Dutch authorities questioned Mr Tsemakh prior to his release.

Senator Payne said she welcomed confirmation from the Dutch prosecutor that Mr Tsemakh’s release “will not affect the commencement of the prosecution of four individual suspects in a Dutch court in March 2020”.

“Australia remains committed to pursuing accountability for the downing of MH17 and to achieving justice for the victims and their loved ones. We reiterate our call to all countries — including Russia — to ensure suspects are brought to justice in line with UN Security Council resolution 2166.

“Australia, together with the Netherlands, has entered into talks with the Russian Federation over its role in the downing of MH17. This follows the release of evidence by the JIT indicating that Russia was directly involved in the downing. These talks are ongoing.

“Australia has committed $50.3 million over four years to support the Dutch national prosecutions and ongoing investigations, and to ensure that the victims’ loved ones can meaningfully participate in the Dutch court proceedings.”

A pro-Russian gunman stands guard next to parts of the Malaysia Airlines Flight MH17 at the crash site. Picture: AFP

Journalists walk behind parts of the Malaysia Airlines plane Flight MH17 as Dutch investigators (unseen) arrive near the crash site. Picture: AFP

MH17 was shot down over rebel-held eastern Ukraine in 2014 killing all aboard, almost three hours into a flight from Amsterdam to Kuala Lumpur. Of the 298 people who died, there were 38 who called Australia home.

The released Ukrainian nationals included 24 sailors captured off Crimea last November, after Moscow claimed three Ukrainian naval boats had entered Russian territorial waters.

In emotional scenes at Kiev’s Boryspil airport, family members embraced and handed flowers to the former prisoners, many weeping with joy.

“We have taken the first step,” Ukrainian President Volodymyr Zelensky said on the tarmac after greeting and hugging former detainees. “We have to take all the steps to finish this horrible war.”

Ms Payne said Australia welcomed the release of the Ukrainian sailors.

“We acknowledge the suffering they and their families have endured, and understand their happiness at their homecoming,” she said.

Ms Wong said Labor fully supported the government “in its efforts to gain justice for the victims”, and her thoughts were with the families and friends of those lost on MH17.

Dozens of Ukrainian politicians signed a petition to President Zelenskiy earlier this week, urging him against handing Tsemakh over to Russia.

In June, four people, including a prominent separatist commander, were charged in the Netherlands with murder over the plane’s downing.

All 298 on-board MH17 were killed. Picture: AFP

MH17 investigators said the aircraft was downed by a missile which exploded just above and to the left of the cockpit, causing it to break up in mid-air. Eighty children were among those killed.

The Dutch-led joint investigation team concluded in 2018 that the missile system used in the attack belonged to a brigade based in the western Russian city of Kursk — Russia has denied any involvement.

Originally published as Man suspected of involvement in the bombing of Malaysia Airlines flight MH17 returned to Moscow under prisoner swap deal