DISINFO: The Dutch justice system is comparable with the Inquisition
SUMMARY
The trial in the case of MH17 resembles the Inquisition, which is trying to make Russia guilty of the crash of the Malaysian airliner, without any evidence. The fact that Holland is conducting the investigation is not in Russia’s favour. The Dutch justice system is comparable with the Inquisition, which prevents the suspect from proving his innocence. These methods were practised in Middle Ages, but apparently still exist in the Netherlands.
RESPONSE
One of the multiple pro-Kremlin disinformation narratives on the downing of Flight MH17, denying Russia's responsibility. The article claims that the trial in the case of MH17 resembles the 'Inquisition'; trying to make Russia guilty, without any evidence. The website claims this is a translation of an article by "Courthouse News". However, the article on Courthouse News does not claim this; it only compares the Dutch criminal law system with the criminal law system of the US:
"The Dutch legal system is an inquisitorial system where the court is involved in the investigation of the crime, as opposed to the adversarial system in the United States where two sides present competing evidence before an impartial judge or jury".
The inquisitorial system originates from continental Europe and is widely used around the world. More importantly, it does not prevent the suspect from proving his innocence. In this system, "the presiding judge is primarily responsible for supervising the gathering of the evidence necessary to resolve the case. He or she actively steers the search for evidence and questions the witnesses, including the respondent or defendant". Read more about the differences between the inquisitorial and adversarial systems here.
On 28 September 2016, the JIT announced that flight MH17 was shot down by a missile from the 9M38 series, which was launched by a BUK TELAR missile system. The system was transported from the Russian Federation to an agricultural field near the town of Pervomaiskiy in Eastern Ukraine, from where the missile was launched. After firing, the system, with one missing missile, went back to the Russian Federation. On 24 May 2018, the JIT announced its conclusion that the BUK TELAR used to shoot down MH17 came from the 53rd Anti-Aircraft Missile Brigade, a unit of the Russian armed forces from Kursk in the Russian Federation. On 10 July 2020, the Dutch government decided to bring Russia before the European Court of Human Rights for its role in the downing of Flight MH17. As stated on the government's website, it "attaches importance to continuing the meetings with Russia on the matter of state responsibility. The purpose of these meetings is to find a solution that does justice to the enormous suffering and damage cause by the downing of Flight MH17."