Government can keep MH17 cabinet papers secret, court rules

The Dutch government does not have to share internal documents from the days following the downing of MH17, the European Court of Human Rights (ECHR) said on Tuesday.

Dutch public broadcaster NOS, RTL Nieuws, and the Volkskrant newspaper sued the Dutch government for access to minutes of ministerial meetings and internal cabinet reports about the disaster.

The Strasbourg court sided with the government, finding that the Dutch authorities “gave due consideration to the principles and criteria” applicable.

In July 2014, Malaysia Airlines Flight 17 from Amsterdam to Kuala Lumpur was cruising at 33,000 feet when it was struck by a Buk missile fired by pro-Russian forces in the contested Donbas region of Ukraine. The missile exploded beside the cockpit, shredding the fabric of the aircraft and killing all 298 passengers and crew.

Several months after the incident, Dutch media outlets requested information under the Government Information Act. The government refused to release much of the requested material, citing security concerns, and what was provided was heavily redacted.

The group took the government to court, ultimately losing at the Council of State in 2017. According to judges, the sensitive nature of the subject outweighed the public interest in disclosure.

NOS, RTL Nieuws, and the Volkskrant then filed a complaint with the ECHR, arguing the refusal to hand over the documents violated their right to freedom of expression and information.

The seven-judge panel disagreed, writing the trio would need to show “very special circumstances” to warrant forcing disclosure. The ruling is now final.

Last year, the court held that Russia was responsible for the downing of flight MH17 as well as large-scale human rights violations in Ukraine since the start of the conflict in 2014.