Three
German families who lost relatives in the MH17 crash over Ukraine are planning
to sue Kyiv for not closing its airspace. A lawyer representing the families
says each is asking for 1 million euros in compensation.
Deutsche Welle, 21 Sep 2014
Over two
months since Malaysia Airlines flight 17 was shot down over eastern Ukraine,
killing 298 people, three German families are set to file suit against Kyiv for
negligence.
German
weekly Bild am Sonntag reported that the lawyer representing the families would
bring the claims before the European Court of Human Rights, demanding 1 million
euros ($1.29 million) compensation for each victim.
Elmar
Giemulla, who specializes in aviation law, argues that Ukraine should have
closed its airspace if it couldn't guarantee the security of planes above the
conflict zone.
"By
keeping its airspace open for transit by aircraft from other countries, the
state must ensure the safety of the flights. If this is temporarily impossible,
it means that it should close its airspace."
"Since
that didn't happen, Ukraine is liable for damages," he told the Associated
Press news agency in an email.
Evidence
against Russia 'lacking'
The MH17
Boeing 777 exploded over separatist-held eastern Ukraine on July 17, killing
all 298 on board. The airline said 193 of the victims were Dutch and four
German.
A report by a Dutch-led team of air crash investigators appears to back up claims that the
plane was hit by an anti-aircraft missile. Kyiv and the West have accused separatists
of shooting it down with a surface-to-air BUK missile supplied by Russia - a charge Moscow denies.
Giemulla,
who has invited all MH17 victims' families to join the suit, said the
litigation would not target Russia as "the evidence was not yet sufficient."
However, he said he would file a lawsuit against Moscow if such evidence were
obtained. "For this I'm dependent on the support of Western
governments," he said.
gb/bw (AP, AFP)
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