[patriots] Families of German MH17 victims to sue

  • From: "Chris Pead" <cpead@xxxxxxxxxxxx>
  • To: "Patriots JGroup" <patriots@xxxxxxxxxxxxx>
  • Date: Wed, 24 Sep 2014 11:29:49 +0100

Families of German MH17 victims to sue


        
                

Ukraine: lawyer

 

Reuters A relative (C) of a victim of the Malaysia Airlines flight MH17
disaster prays as the plane carrying victims' remains arrives for a
repatriation ceremony at the Bunga Raya complex of KLIA airport in Sepang
August 22, 2014. REUTERS/Olivia Harris 

BERLIN (Reuters) - Survivors of German victims of Malaysian Airlines flight
MH17 downed over Ukraine plan to sue the country and its president for
manslaughter by negligence in 298 cases, the lawyer representing them said
on Sunday.

Professor of aviation law Elmar Giemulla, who is representing three families
of German victims, said that under international law Ukraine should have
closed its air space if it could not guarantee the safety of flights.

"Each state is responsible for the security of its air space," Giemulla said
in a statement emailed to Reuters. "If it is not able to do so temporarily,
it must close its air space. As that did not happen, Ukraine is liable for
the damage."

Bild am Sonntag Sunday mass newspaper quoted Giemulla as saying that by not
closing its airspace, Ukraine had accepted that the lives of hundreds of
innocent people would be "annihilated" and this was a violation of human
rights.

The jetliner crashed in Ukraine in pro-Russian rebel-held territory on July
17, killing 298 people, two-thirds of them from the Netherlands. Four
Germans died in the crash.

Ukraine and Western countries have accused the rebels of shooting the plane
down with an advanced, Russian-made missile. Russia has rejected accusations
that it supplied the rebels with SA-11 Buk anti-aircraft missile systems.

Giemulla planned to hand his case to the European Court of Human Rights in
about two weeks, accusing Ukraine and its President Petro Poroshenko of
manslaughter by negligence in 298 cases. He would also push for compensation
of up to one million euros (798,280.6 British pound) per victim, Bild am
Sonntag reported.

So far, the airline has offered survivors of each victim $5,000 in financial
assistance but has said that would not be taken off final compensation or
affect families' legal rights to claim.


(Reporting by Annika Breidthardt; editing by David Clarke)

 

 

 

Kind regards,

 

Chris

 



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