There has been regular contact with the Malaysian and Australian foreign ministers concerning the aftermath of the MH17 disaster.

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1 Letter of 17 December 2014 from the Minister of Security and Justice, Ivo Opstelten, the Minister of Foreign Affairs, Bert Koenders and Minister of Defence Jeanine Hennis-Plasschaert, to the President of the House of Representatives concerning the current state of affairs with regard to the MH17 disaster We are writing to give you an overview of the current state of affairs with regard to the disaster involving Malaysia Airlines flight MH17. This letter, which is also being sent on behalf of the Prime Minister, will honour the undertakings made at the meeting with the Permanent Committee on Security and Justice of 17 November, specifically: the request for information on the evaluation and the number of aeroplanes and helicopters shot down in Ukrainian airspace before 17 July. It will also address MP Louis Bontes request of 9 December for responses to outstanding questions and the request made by the Permanent Committee on Foreign Affairs on 26 November. As you know, our efforts have consistently focused on the three objectives set by the government: 1. repatriating human remains and personal belongings; 2. investigating the circumstances of the crash; 3. conducting a criminal investigation. Interim mission in Kyiv and Kharkiv and efforts in Ukraine As we reported previously, on several occasions in recent weeks when the security situation and weather conditions allowed it a small team from the interim mission searched for human remains and victims personal belongings. These searches were carried out in the designated areas and in various fire-ravaged sites, with the exception of the northwestern section of the disaster zone. On Sunday 16 November the Combined Joint Interagency Task Force (CJIATF) began recovering parts of the wreckage, at the request of the Dutch Safety Board. Through the mediation of the OSCE and with the help of local authorities and the Ukrainian State Emergency Service (SES), the interim mission recovered wreckage filling twelve rail wagons in six days. On 9 December the first two convoys (eight lorries) carrying pieces of wreckage arrived at Gilze-Rijen Air Base. The third and fourth convoys arrived at Gilze-Rijen on 11 and 12 December, respectively. All the pieces of wreckage that were recovered at the request of the Dutch Safety Board are now in the Netherlands. Some wreckage was left at the crash site, but those pieces are not likely to be relevant to the Dutch Safety Board s investigation. AVT14/JU

2 All wreckage that could subsequently be recovered was transported to and put into storage in Kharkiv on Wednesday 17 December, with the help of the SES. There may still be wreckage in the areas which caught fire after the crash, and possibly more human remains which could help with identification. Investigation of the wreckage at Gilze-Rijen revealed a small amount of human remains, which will be transported to Hilversum with the appropriate honours, for identification. Due to the weather conditions (particularly the frozen ground) the National Forensic Investigation Team (LTFO) cannot do any further forensic investigation in the fire-ravaged areas. This requires excavation work, which is impossible if the ground is frozen. Recovering wreckage from these areas would disrupt the forensic investigation, so it was decided to leave those pieces of wreckage in place for now. The area has been marked, so that the work can continue as soon as the situation allows it. The area north of Petropavlika also contains wreckage, which could not be recovered due to the security situation. The repatriation mission will continue its work after the winter frost period, or earlier if both the weather conditions and the security situation allow it. It has been agreed that the SES will inform the mission immediately if any more human remains or personal belongings are found. Identification process and consular affairs It was announced on 11 December that a total of 294 victims of the MH17 disaster have now been identified. The four unidentified victims all held Dutch nationality. It is possible that remains currently in Hilversum which have not yielded viable DNA profiles may yet provide information which will enable the identification of these victims. It is impossible to say if and when that might happen. On 17 November we received 88 death certificates from Ukraine. They are currently being translated and apostilles are being obtained for legalisation purposes. It is difficult to predict how long this will take, but we hope the death certificates will be issued within a few weeks. On 25 November LTFO issued 11 new Medical Statements, as there had been new identifications. These are being translated into Ukrainian. Security situation in eastern Ukraine The security situation in eastern Ukraine remains fluid and fragile. The fighting continues, with new casualties occurring practically every day. Despite the ceasefire agreed between the Ukrainian authorities and the pro-russian separatists in early December for parts of AVT14/JU

3 eastern Ukraine, both parties continue to strengthen their positions along the line of contact. The fighting has become less intensive since 9 December. It is uncertain whether the ceasefire will hold, given the many violations. Artillery fire and small-scale fighting aimed at improving the warring parties military positions continues to be observed around the tactically crucial town of Debaltseve, which is located in the immediate vicinity of the crash site. Over the past few months, Donetsk airport has become a symbol in the struggle between the Ukrainian authorities and the separatists. Shelling has continued on both sides. The fighting around the crash site and Donetsk airport has become less intensive in the past few days. It is likely that neither side has the combat power to force a decisive military victory, but it is expected that both parties will try to improve their positions on the ground. The situation may remain turbulent throughout the winter around the various hotspots (north of Mariupol, Donetsk, Horlivka, Debaltseve, Luhansk). If this situation remains unchanged, there will continue to be a significant threat to Dutch personnel and the mission, in and around the separatist-held area. Alleged attempted attack On 18 November various media reported that an attack on the Dutch delegation visiting Ukraine had been foiled. The reports were based on information from the Ukrainian security service SBU (Sluzhba Bezpeky Ukraiyny). According to SBU, the alleged attack was to have been carried out during the delegation s visit to the Malyshev factory in Kharkiv, where the recovered remains and belongings of the victims of the MH17 disaster had been brought before being transported to the Netherlands. Violent disruptive activities have been taking place in the region, including at the time of the visit. The attacks that took place in the Kharkiv area were aimed at the local infrastructure or pro-kyiv targets. In the margins of the OSCE Ministerial Council meeting of 4 and 5 December, the Ukrainian foreign minister said that an investigation had been launched into this alleged attempt to attack the Dutch delegation. Winter period During the winter frost period, CJIATF s interim presence will be reduced in scope. The frozen ground makes it difficult to conduct any investigation and the chances of finding anything are minimal. Representatives of the Dutch National Police and the Ministry of Defence and embassy staff will maintain the necessary contacts with the local authorities AVT14/JU

4 from Kyiv. In addition, the Head of Mission, the Special Military Adviser and the commander of CJIATF and his deputy will visit the national and local authorities every six weeks, particularly the Minister of Internal Affairs, the governor of Kharkiv and his specially appointed staff member for the MH17 disaster. There will also be brief monthly inspections of the equipment stored in the hangar at Kharkiv airport. Some of the equipment (mainly vehicles) will remain in Ukraine, so that the repatriation mission can be resumed immediately if necessary, to collect any human remains and personal belongings that may still be found. The local population can also continue to report and hand over any new finds to the Netherlands through the SES. A rapid-response team will be at the ready in the Netherlands to react to any developments in Ukraine. As soon as the situation allows it, a fact-finding mission will be carried out to assess the possibilities of resuming the operation on a small scale in International contacts and efforts From 5 to 7 November, Prime Minister Mark Rutte visited Malaysia and Australia to discuss the aftermath of the MH17 disaster. He met with the heads of government and with various professionals who have been dealing with the crisis. Malaysia and Australia both expressed their thanks for the way the Netherlands led the repatriation mission and the investigation into the circumstances of the crash, both in the immediate aftermath of the incident and in the following period. It was agreed that the countries would continue their close cooperation. Malaysia said it wanted to be a full member of the Joint Investigation Team (JIT), and Mr Rutte promised the Netherlands would endeavour to achieve this. Foreign minister Bert Koenders visited Kharkiv and Kyiv on 7 and 8 November, respectively. In Kharkiv he attended the departure ceremony for the victims remains that had recently been found at the crash site and visited the transfer facility with Governor Ihor Baluta. In talks with the Ukrainian prime minister and foreign minister, the importance of a comprehensive and transparent investigation of both the cause of the crash and those responsible for it was emphasised, and Mr Koenders thanked the Ukrainian government for their cooperation so far. The minister also met members of the OSCE mission and thanked them on behalf of the government for facilitating access to the crash site, a message he repeated at the OSCE Ministerial Council meeting of 4 and 5 December. There has been regular contact with the Malaysian and Australian foreign ministers concerning the aftermath of the MH17 disaster. AVT14/JU

5 On behalf of the JIT, the Chief Public Prosecutor of the Netherlands has offered Malaysia full membership of the team, which Malaysia has accepted. The Ministry of Defence is also in regular contact with Australia and Malaysia. Cooperation in the criminal investigation is running smoothly, and there are still regular consultations at all levels. The Malaysian and Australian ambassadors in The Hague are updated regularly by the Ministry of Foreign Affairs on the latest developments. In the margins of the ASEM summit and the OSCE Ministerial Council meeting, MH17 was discussed in bilateral contacts with Russia as well. On those occasions it was stressed that the ongoing investigations are independent and objective. Both sides affirmed that all available information must be taken into consideration. UN Security Council Among the members of the Security Council, there is still broad support for the operation to recover human remains, the investigation into the circumstances of the crash and the prosecution of the guilty parties, and the Netherlands role in these efforts. Only Russia has voiced criticism about the care being taken with the investigation, though at the same time it has also expressed its confidence in the Dutch investigations. It is vital to maintain broad international support. This is relevant to obtaining continued access to the crash site, but also to securing international cooperation with the investigations being conducted by the Dutch Safety Board and the Public Prosecution Service and the eventual prosecution of the perpetrators. The Security Council is the leading international forum where this support can be expressed formally, as it was in resolution This is why the government regularly notifies the Security Council about progress on the investigation and repatriation efforts the moment new developments warrant it. The government s most recent letter on this subject, which was sent on 16 December, is enclosed as an appendix. The Netherlands regularly consults with members of the Security Council in order to maintain support for the investigation and repatriation efforts and to keep the issue on the agenda. Our close cooperation with Australia, which will be leaving the Security Council on 31 December, merits special mention and appreciation. We have done good work with both Australia and Malaysia, and this has been important for mobilising and maintaining international support for the leading Dutch role in the aftermath of the disaster, as exemplified inter alia by the adoption of resolution On 1 January 2015 Malaysia will take its seat as a temporary member of the Security Council. The government is and will remain in close contact with Malaysia and other members of the Security Council in order to ensure international support and the ongoing independence of the investigations. AVT14/JU

6 Next of kin The MH17 Foundation was established on behalf of the victims next of kin, in collaboration with Victim Support Netherlands (SHN). A meeting is scheduled this week between the Foundation and the Ministry of Security and Justice to discuss, among other things, how damages and funeral expenses can be recouped from Malaysia Airlines in a timely manner. The government welcomed the establishment of the Foundation and supports it wherever possible. Aftercare for the next of kin Over and above the Information and Referral Centre (IVC), next of kin now also have the option of contacting the Arq Psychotrauma Specialist Group, thanks to the good work of SHN. Arq can serve as a listening ear and communicate with the next of kin or their personal psychological counsellors by phone or about options for psychosocial support and offer recommendations on a suitable counsellor for a given individual. Since mid-november, Arq has been approached 13 times and given three e-consultations. Arq has also made contact with the Dutch College of General Practitioners and the National Association of General Practitioners to make GPs aware of the Aftercare Contact Point. The family liaison officers will remain available, but over the course of 2015 their duties will be transferred to victim support. Remembrance ceremony The 298 victims of MH17, including 196 Dutch citizens, were remembered on Monday 10 November 2014 during a National Remembrance Ceremony held at the RAI Convention Centre in Amsterdam. Over 1,600 relatives and friends of the victims attended the ceremony. Every country that lost a citizen in the crash was represented at ambassadorial level. In addition to the ceremony proper, which was broadcast live on television, the programme consisted of a pre-ceremony reception and afterwards an opportunity for the guests to meet one another. His Majesty the King, Her Majesty Queen Máxima, the prime minister, a cabinet-level delegation and the presidents of the House of Representatives and the Senate were in attendance. In addition to the live telecast, the ceremony was covered by all national and various regional radio broadcasters. Website for the next of kin In 2015 and well beyond, the Information and Referral Centre (IVC) for the Ukraine Air Disaster, the website for the next of kin, will continue to serve as a hub of information and advice for anyone with a direct personal connection to the disaster. There is a closed section AVT14/JU

7 of the site for the next of kin where they can share their stories and ask questions. This space is used by SHN, central government and other relevant parties to share information which is meant only for the victims immediate family. The website also includes a newsletter which is currently issued three times a week. Airspace security and the need to inform passengers Downed helicopters and aeroplanes In response to the question raised by MP Pieter Omtzigt during the meeting with the Permanent Committee on Security and Justice on 13 November, we promised to report to the House about the number of aeroplanes and helicopters downed over eastern Ukraine prior to the 17 July disaster. In the period between 15 April and 17 July 2014, 11 aeroplanes and 8 helicopters are believed to have crashed in eastern Ukraine. Neither the exact number nor the precise cause of any of the crashes is entirely clear. In a number of cases, separatists claim to have shot down aircraft, but the evidence they provided (video footage) shows signs of manipulation. The Ukrainian government also disputes a number of these claims. It is probable that not all these aircraft were shot down. Inadequately trained and inexperienced crew and poor maintenance are likely to have played a role as well. Task Force on Risks to Civil Aviation Arising from Conflict Zones By letter of 2 September and 18 November the State Secretary for Infrastructure and the Environment informed the House about the work of the Task Force on Risks to Civil Aviation Arising from Conflict Zones (TF RCZ), whose work programme was approved by the ICAO Council on 27 October. On 1 and 2 December the third and final meeting of the TF RCZ was held. Participants discussed progress on the work programme as well as a proposal by a team of international experts to draft guidelines on making risk analyses for flying over conflict zones. The guidelines are intended for both airlines and states. The Task Force also spoke about a central system for sharing information about conflict zones. The creation of such a system for the exchange of relevant and reliable information is seen as an important step in mitigating the risks of flying over conflict zones. At the High-Level Safety Conference (HLSC) in February 2015 ICAO will present a prototype of this type of system which makes use of the experiences gathered in a European context. The meeting also affirmed the importance of following up on the other parts of the work programme. One aspect of the work programme is the development of guidelines outlining good practices for the sector with respect to providing information to passengers in relation to flying over conflict zones. As the State Secretary for Infrastructure and the Environment previously stated during her meeting with the relevant parliamentary committee on 26 November, this element was included in the AVT14/JU

8 programme at the insistence of the Netherlands. This issue will be taken up by the International Air Transport Association (IATA). The House will be kept abreast of progress on this front. Finally, the findings of the TF RCZ will be submitted to the HLSC by the ICAO Secretariat with the request that participants support the results and consent to the further elaboration and implementation of the work programme. Technical investigation The investigation into the cause of the crash of Malaysia Airlines flight MH17 is in full swing. Now that the four convoys carrying pieces of the wreckage have arrived at Gilze-Rijen Air Base, the analysis of the physical evidence can begin in earnest. As part of the investigations into the circumstances of the crash, the Dutch Safety Board also wishes to reconstruct part of the aircraft. This is a complicated process, which could take months. Criminal investigation Joint Investigation Team On 4 December a second large coordinating meeting was held at Eurojust, in which representatives of the affected countries shared information about the progress of the criminal investigation and efforts to identify the victims. All countries in attendance were in agreement that a coordinated international criminal investigation was the only way forward. It was also decided that Malaysia would be admitted as a member of the Joint Investigation Team (JIT). Updates from the Public Prosecution Service On 5 November a confidential briefing was convened by the Public Prosecution Service. As we pledged to the House on 13 November, a further briefing may be held in early 2015, if necessary and appropriate. In accordance with the statutory obligation to inform the next of kin in a criminal case about the status of the ongoing investigation, the Public Prosecution Service will contact the next of kin of the victims of the MH17 disaster in writing this week to apprise them of the current state of the case. Possible prosecution The criminal investigation is in full swing, and it is crucial that the prosecutors are left alone to do their work in peace, without interference. As soon as we have any information about AVT14/JU

9 the options for prosecuting suspects, the House will be notified, as stated during the meeting with the Permanent Committee on Security and Justice on 13 November. Evaluation of the national crisis management organisation for the MH17 disaster In the above-mentioned meeting of 13 November we promised the House more clarity about the contours and timeframe of the evaluation. The Research and Documentation Centre (WODC) of the Ministry of Security and Justice has now begun its work, and the framework for the investigation is enclosed with this letter. Commemorative medal A commemorative medal will be presented on behalf of the government to the staff of various organisations that have played a role in responding to the disaster, in honour of their extraordinary efforts in the aftermath of the disaster. Appendix 1: Most recent letter on MH17 to UN Security Council Appendix 2: WODC evaluation AVT14/JU