The #MH17 pre-trial continues and the live stream seems to be working properly today.
The prosecution is arguing the leak of thousands of phone taps relating to the case is not a big deal.
Prosecution: Disagrees on Relative Counsel's request regarding privacy of relatives.
Judge is giving defence and counsel for relatives until 12 to respond to prosecution's response arguing for rejection of their requests to the court from yesterday.
Defence: Discussing that many people have access to the reports in the case file.
Defence: Wonders why prosecution calls for every single request of the defence is denied.
Defence: Does not have access to or translations of important documents. The onus is on the prosecution to provide translations and not to decide what the defence should be allowed to see. They should also provide exculpatory material if they have it.
Defence: Prosecution is saying defence should have asked expert witness questions they now want answered (eg about functioning of BUK) before - in fact defence were not given time to put all the questions they wanted.
Defence: The expert concerned (from Almaz Antay) is extremely important and the interview with this witness should continue.
Defence: Inspected reconstruction without an expert but needs to go to wreckage with a competent expert.
Defence: 1000s of conversations now held by the media and only a few published. Risk that more will be published. From European case law the prosecution has obligation to stop these publications - the court should order this is done.
Defence: Re claims for injured parties, prosecution seem to be saying not appropriate to discuss admissibility of these claims. What is position of court?
Relatives Counsel: Some private data of relatives has to be submitted for the claims. There have to be limitations on privacy of some of this data. Relatives disagree with prosecution & case law shows the court can limit publication of private data.
Relatives Counsel: Under European law there is also a right to privacy for victims.
Court will now consider the matters and look at requests and try to give a decision today at 4.00 on the most urgent ones, continuing next Thursday.
#MH17 court back in session with some big decisions to be announced by Judge Steenhuis.
Judge: Will only take decisions required now - involving investigative judge.
Judge: Defence wants to ask more questions of Antaz-Altay. If questions remain after joint examination, investigating judge may agree to submit outstanding questions in writing.
Judge: The Court will observe the reconstruction and parts in storage and an inspection schedule will be put in place. Defence & prosecution should inform court about which parts they want to see.
Judge: The inspection will be a public sitting of the court but public won't be allowed (just a few journalists and people from the parties).
End of today's rulings - a lot left to be decided and the court will sit again next Thursday.

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More from @HRIMark

15 Apr
#MH17 pretrial proceedings continue today. Defendants haven't appeared. Counsel for relatives submitted claims on 13 April.
#MH17 Defence has submitted Pulatov can not authenticate any of the conversations he is alleged to have participated in as he can not remember the details.
Investigating judges have reported on their progress, experts have been interviewed, The issue of satellite images from the US is "underway".
Read 61 tweets
8 Feb
#MH17 Case resumes
#MH17 Judge: Defence requests for CVs in conjunction with Almaz Antey reports. Court sees no reason to do this. Investigating judge will be questioning AA witness so no need.
#MH17 Judge: Court sees no need to send database of information from DSB to be sent to Almaz Antey. Investigating judge may consider it necessary for AA to visit wreckage.
Read 13 tweets
1 Feb
The MH17 criminal trial continues shortly. content.uplynk.com/player5/2GnnnR…
#MH17 Most recent decisions of court can be read here: uitspraken.rechtspraak.nl/inziendocument…
#MH17 Judge: Echo is bad on livestream but seems Dutch law was modified on 1 January 2021 to make it impossible to question the DSB report so investigating judge can not question witnesses on it.
Read 41 tweets
8 Dec 20
Full text of the interlocutory judgement of the #MH17 court regarding on applications made by the defence, counsel for MH17 relatives and the Public Prosecution Service just released:
uitspraken.rechtspraak.nl/inziendocument…
The judge argues the right of the defendant to examine or have examined witnesses against him is balanced against his right to be judged within a reasonable time.
So Pulatov can not examine all the witnesses against him because of time constraints.
Article 6 of the ECHR below:
My interpretation of the ECHR would be that examining the witnesses against him is a "minimum right" of a defendant and the "reasonable time" has to allow this. The judge can rule the evidence is insufficient & acquit but he shouldn't curtail the defendant's minimum rights.
Read 33 tweets
30 Nov 20
Strange mask protocol at @OPCW #CSP25 - apparently only compulsory when using the microphone. Here is DG Arias addressing conference with unmasked person just behind.
The session seems to have reopened with a new mask protocol in place (Before & after). Another suggestion pertaining to safety:
1) Let the #CSP25 hear from ex-DG Bustani about the threats to his family from the USA.
2) Let's hear those who went to Douma about what they found.
Can the @OPCW please do something about the echo on the sound stream? - thanks. #CSP25
Read 8 tweets
30 Nov 20
Today sees the start of The Twenty-Fifth Session of the Conference of States Parties #CSP25
We will once again see science & the reports of the OPCW's own scientists ( wikileaks.org/opcw-douma/doc…) being ridden over roughshod in the interests of the US/UK led war party.
Consensus will be abandoned as the US, UK & allies, (a minority of the world's population but a majority of the states in the OPCW) use the #CSP25 for geo-political goals, based on the suppression of the scientific evidence of their own complicity in Syrian chemical attacks.
The focus of the US/UK group will be condemnation of Syria & Russia & pretence the OPCW Technical Secretariat remains a credible body after the Douma cover-up. Russia will argue for a return to consensus & the banning of white phosphorus as a weapon.
Read 8 tweets

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