Mother of MH17 victim sues victim for $1million

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Mother of German victim on board MH17 aircraft says Ukraine should have closed its airspace as war raged.

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The mother of a victim who died on downed Malaysia Airlines flight MH17 has instituted legal proceedings against Ukraine, demanding $1million from Kyiv in damages for negligent homicide.

The woman filed her complaint before the European Court of Human Rights, and has accused Kyiv of failing to close the country’s airspace.

The woman said Ukraine should have closed its airspace to civilian flights when fighting raged in the east of the country, but chose not to because it did not want to lose out on overflight fees.

All 298 people aboard the Boeing 777 flying from Amsterdam to Kuala Lumpur were killed when it was shot down on 17 July over a rebel-held area. Charred remains of the aircraft are scattered around fields over an area of 20 square kilometres.

Ukraine and the west have blamed the downing of the MH17 flight on Russia-backed separatists using a ground-to-air missile.

Flight MH17 exploded over rebel-held east Ukraine on July 17, killing all 298 on board.

Elmar Giemulla, an attorney and professor of aviation law who is representing the woman, had earlier suggested that the Ukrainian government bore responsibility for the security of the flight.

“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,” Giemulla said.

Workers in rebel-controlled eastern Ukraine have begun removing the wreckage from the crash site of Malaysia Airline flight MH17. The investigation into the cause of the crash is being conducted there and in the Netherlands.