Vladimir Tsemakh, 58, an alleged air defence specialist for pro-Moscow separatists, was one in every of dozens of prisoners despatched from Ukraine to Russia in September as a part of a prisoner swap.
Lawyers for the Dutch authorities say they instantly requested Moscow to hand him over for questioning over the downed aircraft, however have been informed he couldn’t be discovered.
Vladimir Tsemakh, 58, a suspect within the shootdown of MH17, was despatched from Ukraine to Russia in September as a part of a prisoner swap. Dutch prosecutors say they requested for him to be extradited earlier than his aircraft even landed, however Moscow claimed it couldn’t discover him
The Netherlands is due to put 4 males on trial in absentia in March over their alleged position within the catastrophe, which killed 298 – largely Dutch. They say Tsemakh’s absence is not going to have an effect on this
‘According to media studies Mr Tsemakh had already returned to his residence in jap Ukraine,’ the Dutch prosecution service mentioned in a press release.
Eastern Ukraine is a conflict zone occupied by pro-Russian separatists, so extradition from right here is just about unattainable.
‘The Public Prosecution Service has concluded that Russia willingly allowed Mr Tsemakh to depart the Russian Federation and refused to execute the Dutch request, whereas underneath the European Convention on Extradition, it was obliged to achieve this.’
The conference is underneath the auspices of the Council of Europe, the continent’s foremost human rights physique, which Moscow joined in 1996.
Malaysia Airlines Flight MH17 was shot down over jap Ukraine in 2014, killing all 298 passengers and crew on board – 193 of whom have been Dutch.
International investigators say the missile was introduced from Russia and fired from an space managed by Russian-backed separatists.
The Netherlands is due to put 4 different suspects on trial in absentia in March over the capturing down of the flight from Amsterdam to Kuala Lumpur with a Russian-made BUK missile.
Malaysian Airlines Flight MH17 was shot down over jap Ukraine in 2014. Investigators say the missile got here from Russia and was fired from an space managed by pro-Russia separatists
Dutch prosecutors mentioned they ‘regard Tsemakh as a suspect’, and they’d quizzed him in Kiev earlier this yr following his arrest by Ukrainian authorities forces.
But Ukraine then handed him over to Russia as a key a part of September’s swap, regardless of appeals by the Netherlands not to achieve this.
The Netherlands mentioned it despatched Russia an extradition request earlier than the aircraft carrying him to Moscow had even landed as there have been indications he needed to flee.
‘The Russian Federation doesn’t extradite its personal residents however since Mr Tsemakh is a Ukranian citizen, there have been no impediments for his extradition,’ it mentioned.
But regardless of a private attraction by Dutch Prime Minister Mark Rutte, Russia mentioned he couldn’t be extradited ‘as a result of no info concerning the whereabouts of Mr Tsemakh within the Russian Federation was accessible.’
The Dutch mentioned the Tsemakh episode would have ‘no impact on the beginning of the MH17 prison trial’ on March 9.