Digital magazine about the MH17 criminal investigation
Today, the JIT published a digital magazine about the criminal investigation into the crash of flight MH17. The magazine contains information about the manner in which the investigation is conducted. Relatives of the victims of the crash have already received the magazine some days ago.

The magazine is published in anticipation of the presentation of the first results of the criminal investigation, which will take place after the summer.

The JIT consists of PPS and Police of the Netherlands, Australia, Malaysia, Belgium and Ukraine. These countries work together in the criminal investigation, that is aimed at tracking down the persons who are responsible for the crash of MH17 and bringing them to justice.

Table of contents

	Forensic research into debris in Gilze-Rijen Eleven containers completely packed with remnants of the crashed MH17. The forensic researchers search for the proverbial needle in a haystack at the Gilze-Rijen airbase. Within these containers there are many heavy aircraft components, sometimes weighing up to 6000 kilos. Every piece passes through their hands at least five times in order to find that crucial piece of evidence. Using crane trucks and forklifts, painstaking work is being done inside the military hangar.
	Field Office in Kiev An incredible amount of research material, differing legal systems and initial unfamiliarity with each other. Despite this, both Australian and Dutch members working in the Field Office in Kiev have managed to build good relationships with each other and with the Ukraine to effectively conduct the investigation into the MH17 crash.
	Collecting soil samples in disputed territory How do you perform a criminal investigation within a disputed border region, where gun battles are taking place almost daily? Research leader Daan Noort of the Royal Netherlands Military Constabulary [Koninklijke Marechaussee] speaks about the mission to Eastern Ukraine where, amongst other things, soil samples were collected from the alleged launch sites. The mission finally succeeded in gaining access to the self-proclaimed People’s Republic Donetsk, but the Luhansk region remained closed.
	Investigation into the  weapon system Finding practical, accessible and especially reliable information about a missile system is a major effort. Moreover, one source is no source, so that means validate, validate and validate again! Investigators do everything in their power in order to find the necessary evidence.
	Five countries, one investigation Five countries, the Netherlands, Australia, Belgium, Malaysia and Ukraine form the Joint Investigation Team (JIT): that means differences in language, culture and legal systems. In the JIT the team solves practical problems about investigation requests and information exchange. Although many complex challenges remain.
	Requests for legal assistance to eighteen countries Without the formal permission of another country, police officers are not allowed to speak to people in that country, let alone formally interrogate them. The same applies for all investigative activities. The powers of the Dutch police do not cross the border. In order to conduct an investigation abroad formal requests for legal assistance are required. The Netherlands has made many such requests for legal assistance to eighteen different countries.

Forensic research into debris in Gilze-Rijen

Hard graft in a military hangar
Eleven containers, crammed full with remainders from the crashed MH17 - That is the proverbial haystack that forensic researchers at Gilze-Rijen Air Force Base have to search through completely. Besides this, there are heavy airplane parts, some weighing as much as 6000 kilos. Everything will go through their hands at least five times in order to locate crucial pieces of evidence.
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Normally, the Crime Scene is taped off with red and white tape, only accessible for the police. The location where the debris of the MH17 was found was unguarded. Forensic researcher Jouke Jonker shows a press photograph by way of illustration, on which a cyclist passes a piece of wreckage in a cornfield. “Everybody had access, except for us.”

X-ray and CT Scan street

Immediately after the crash in July 2014, the remains of the victims came to The Netherlands. In the Korporaal van Oudheusden barracks in Hilversum the identification of human remains takes place. Simultaneously, within 24 hours an additional ‘street’ with X-ray and CT Scan equipment is set up on the site for the criminal investigation. Radiologists keep their eyes fixed on X-rays and CT scans to identify any foreign material.

In this way, the research team finds about thirty usable parts, each of these smaller than a cubic centimetre. These minuscule parts may prove to be of vital importance to complete the jigsaw. But the investigators will discover that only much later.

Mobile CT scanner units make CT scans of the human remains of the victims. Among other things foreign materials are searched for.

Debris

In November 2014 the research team can fit out a Defence hangar at Gilze-Rijen. In December 2014 numerous trucks arrived carrying pieces of wreckage; an impressive procession. “We are used to investigating details, but now it was a whole airplane full”, says Wilton Derks (Forensics employee).

The investigators are aware how difficult it is to assess the usability of the material transported from the Ukraine. The pieces of wreckage were transported in train carriages and after that upon trucks for many kilometres. Traces of a missile, for example, may have come off from one piece or the wreckage and fallen onto another during transport. What then is the evidential value of the material?

Inside out

With combined effort, the team meticulously scour the pieces of wreckage transported to Gilze-Rijen on the trucks. Some months later, they again search wreckage transported in another eight shipping containers. While doing so, the team is required to wear special protective clothing, because of the possible presence of carbon fibres from the airplane that are more harmful for one’s health as asbestos.

Each of wreckage pieces is meticulously examined. What kind of damage does it have? How could that damage have been caused? Which theories can these pieces confirm or invalidate?

The pieces of debris of the MH17 are brought inside a hall on Gilze-Rijen airbase one by one. Some weigh more than 6000 kilos.

Some of the debris contains sand and other small small particles. Each of them is “shaken” above a sheet and further examination is conducted.

On the floor the contour of the aircraft has been drawn with tape. The parts are then laid out on the proper spot.

Each piece of debris is examined to within the millimetre.

Children’s cuddly toys and photo albums

“Characteristic for this investigation is that we change perspective very regularly”, says team leader Dennis Spies. “What would a lawyer say about this? How does the public prosecutor see this? Can we give a definite answer to a critical question? We continuously have to keep a broad view. At the same time we chronically suffer from impatience, both from ourselves and from our environment.”

Among the belongings the team finds children’s cuddly toys, pink princess trolleys and photo albums from victims who have photographed themselves in front of major European landmarks. Of all the items recovered these private items have the greatest personal impact on the team. Marjolijn van den Berg (administrative support) remembers a piece of cabin furniture in which a half-eaten bag of Lays crisps was found, “then, you think straight away of that little child who half emptied this bag.”

Tower wagons

In the end, about 30 to 35 percent of the crashed airplane arrived in The Netherlands. The pieces vary from 1 cubic centimetre to debris weighing 6000 kilos. Investigators need equipment ranging from microscopes to fork-lift trucks, cranes and tower wagons. All parts are carefully numbered, photographed and described in detail. For the digital reconstruction they take 8000 separate photographs of the wreckage.

Work is carried out with much attention to detail. Each piece of debris, large and small, is given its own identification number.

Breakthrough

Back in a Ukrainian field remains from what is suspected to be a Buk missile are retrieved. But how can it be proven if this is the missile that caused the crash? In an experts’ meeting, investigators from various JIT countries try, through tedious forensic work, to allocate the missile parts to a certain source. “We can allocate various small parts to a missile”, says Jonker, “it is really drudgery.”

All samples go to the Dutch Forensic Institute (NFI), which compares all materials found to each other. Further study of the small metal parts found on the bodies of some casualties provides a breakthrough. The fact is that on those parts zirconium has been found, a substance that is only used in the cockpit windows. This is a strong indication that the metal parts located in the victims came from outside, passing through the window pane of the cockpit. “Even more important is that these parts were found in several casualties”, says Jonker, “that makes it improbable that this was manipulated. The providing of this kind of evidence; that is the power of forensic research.”

Iron particles discovered during the search, distinguished by surface corrosion, most probably do not belong to the aircraft. These particles are sent to the NFI for analysis.

Jigsaw pieces

Because none of the teams has any experience with such a complex investigation of this type on such a large scale, the researchers must rely on themselves during the examination. That means being innovative, drawing on one’s professional networks and experience, and learning a lot on the job to solve problems as the examination progresses.

The team has achieved some good results, with the team locating several pieces of forensic evidence. According to Dennis Spies, that shows that this investigation forms a largely labour-intensive but still elementary part of the whole criminal investigation. “After almost two years of daily investigation, I still see an unremitting passion and professionalism of the colleagues”, Spies says, “we can only write a report when we have had all jigsaw parts in our hands. That is why this type of investigation is the most time-consuming by far. But fortunately, that does provide much.”

Not identified

What really does bother them? Unfortunately, up until now they haven’t been successful in identifying the last two victims. “We have got the maximum out of it”, says Jonker. “All bags have been emptied on the tables. We went through it with magnifying lenses and tweezers. We have done everything to filter the last mortal remains from it.”

At the Gilze-Rijen airbase the debris of the MH17 is assembled into a reconstruction of the aircraft.

The location of the impact of the weapon is reconstructed with rope.

Each impact has its own number.

The cockpit, as seen from the inside of the aircraft.

Collecting soil samples in disputed territory

Doing everything that is possible
How do you perform a criminal investigation within a disputed border region, where gun battles are taking place almost daily? Research leader Daan Noort speaks about the mission to Eastern Ukraine where, amongst other things, soil samples were collected from the alleged launch sites.
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“
Endless fields of grain”, that’s what Daan Noort (Colonel with the Royal Netherlands Marechaussee and operational head of Forensic Research National Police) saw in Eastern Ukraine last summer. The disputed area used to be the granary of the former Soviet Union, and this summer it is still full of corn. Besides golden cornstalks in a sun-drenched landscape, Noort saw beautiful historic cities and self-confident people.

But gun battles could be heard daily, sometimes less than a kilometre away. To and from the border, investigators saw kilometres-long queues. At one stage near a military complex, they received a warning that they had better make a hasty departure.

If Noort had to summarize his experience in one word, it would be, ‘surreal’.

Soil samples investigation in Eastern Ukraine.

Soil samples and network measuring

Last summer, Noort was in Eastern Ukraine for 10 days with his research team. The most important objective of this mission was taking soil samples in order to determine the alleged launch site of the missile and undertaking technical research to determine the location of cell towers and to identify and document the telephone network in Eastern Ukraine.

Beforehand, it was unclear whether the soil samples would yield useful information. After all, the fields had been covered in snow and probably been ploughed and sown again. Torrential rain might have washed away important trace evidence. It would be extraordinary to find trace remains of rocket fuel or other traces of a possible launch.

“We still went looking for that, because it is important to do everything within your capabilities”, said Noort, “criminal investigation is simply nothing more or less than independent research and establishing the truth, to find both incriminating and exculpatory evidence”.

Convoy

On 12 June 2015 the team flew from Eindhoven to Kharkiv in a Hercules aircraft.

Three days later, investigators drove in a convoy of four vehicles to the research area.

To do so, they had to visit the two self-proclaimed people's Republics, known as Donetsk and Luhansk. The Netherlands does not maintain official contacts with local authorities there. Therefore, the team was accompanied by the Organization for Security and Co-operation in Europe (OSCE).

In the Donetsk region - where the remains of the MH17 came down - Noort met the man who had earlier fulfilled an important role in enabling the 'recovery mission' into the Ukraine to recover the victims, their personal belongings and plane debris.

To look each other in the eye

It was agreed that the OSCE would carry out any negotiations with the local authorities. The role of the mission leader was limited to giving a technical explanation. “The approach in these situations is always focused on gaining confidence,” says Noort, “do not do anything that you would not allow yourself either. We came with advanced research material, while they have to rely on outdated gear. Without properly explaining what our equipment is for, amongst others, network measurement equipment could also be mistaken for espionage material. To still bring this kind of things to a successful conclusion, you need to look each other in the eye. Part of that is that you respect each other as professionals.”
Eventually, the man asked his superiors to cooperate with the mission. And so we managed to enter the research locations in the Donetsk region. “The freedom we eventually got to be allowed to do our work showed something of confidence in our approach and intent,” says Noort.

Column during soil samples investigation in Eastern Ukraine under the protection of the OSCE.

Launching sites

In the Donetsk region, the team visited all indicated soil research sites that play a role in the possible scenarios developed by the Joint Investigation Team (JIT). The JIT also examines those scenarios in other ways.

Beforehand the investigators had the positions of all locations available and had also worked the locations out on road maps. “We didn't want to go wandering around on site, if for example, our GPS equipment couldn't make contact with satellites.”

Nearly a year later they could finally secure the desired soil samples from the clay soil at locations the leaders of the JIT had specified.

Independent

The team also investigated the telephone network. They managed to do so in different places and along several routes in the Donetsk region. Unfortunately, the team was not allowed to conduct a technical investigation into the network and cell towers in the region of the self-proclaimed People's Republic of Luhansk.

“According to one scenario, known from open sources, a missile installation would have been driven from the border through this area to Donetsk,” explains Noort, ”with measurements we wanted to verify if that information can indeed be correct. For the criminal investigation it is desirable to also make those independent observations oneself.”

Even with much insistence the team didn't manage to enter this region. In talks with the OSCE, the representatives of the self-proclaimed People's Republic did not allow access. “It is unfortunate that this part didn't work out, but we have high hopes that the measurements we have been able to do in the Donetsk region have yielded sufficient results. Moreover, the most important thing is that we did try.”

Chapter

After ten days the mission was completed. After returning to the Netherlands, Noort and the team submitted their report. The secured soil samples were transferred to the team leader of the JIT. Chemical research and analysis should reveal whether the result is supportive, with incriminating or exculpatory evidence.

“In my 36-year career with the Royal Netherlands Marechaussee this mission is a very special chapter,” says Noort. “As the only team, we have been on the alleged sites of the launch, searching for evidence of an act that has caused so much grief to those directly involved, an event that has had a huge impact on our society and the world around us. Recognizing that nothing of what you see over there actually needs to be so, we have therefore done everything in our power.”

Soil samples investigation in Eastern Ukraine.

Joint Investigation Team

Working together in the JIT
How do you record an interrogation? Which requirements should a file meet? These are all questions which are dealt with in the Joint Investigation Team (JIT).
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In the JIT, police and judicial authorities of five countries - under the leadership of the Netherlands – work together in the investigation. Their purpose is to gather the best possible evidence that will be upheld in every court, in any country. The following film gives an impression of this cooperation.