Mother of German MH17 victim takes Ukraine to human rights court

Woman says that Ukraine should have restricted flights as war raged as she demands $1m in damages.

The crash over rebel-held territory in eastern Ukraine killed all 298 passengers and crew on board [Reuters]

The mother of a victim of downed Malaysia Airlines flight MH17 has begun legal proceedings against Ukraine, demanding $1m from Kiev in damages for negligent homicide.

The woman lodged her complaint at the European Court of Human Rights last week, accusing Kiev of failing to close the country's airspace, the German newspaper Bild reported Sunday.

The Boeing 777 exploded over insurgent-held east Ukraine on July 17, killing all 298 on board, 193 of them Dutch. Four were German, according to the airline.

Kiev and the West have accused separatists of shooting it down with a surface-to-air missile supplied by Russia - a charge Moscow denies.

The woman argues that Ukraine chose not to close its airspace because it did not want to lose out on overflight fees.

At the time, some 700 flights were thought to be crossing Ukrainian territory per day, bringing in several millions of pounds a month in revenue, Bild added.

The woman is being defended by German lawyer Elmar Giemulla, a professor of aviation law.

Elmar Giemulla, an attorney and professor of aviation law who is representing the woman, had earlier suggested that the Ukrainian government bore responsibility for the security of the flight. Giemulla announced in September he would represent three families of German victims of MH17.

"By keeping its airspace open for transit by aircraft from other countries, the state must ensure the safety of the flights. If this is temporarily impossible, it means that it should close its airspace," he told  the AFP news agency in September.

Kiev and the West have blamed the incident on the rebels and accused Moscow of arming them, but the rebels and Moscow deny the accusations.

European governments have so far refrained from openly pointing the finger. A Dutch investigative commission that had access to the flight recorder stopped short at blaming either side for the crash.- AFP