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04 November 2016, 15:16

Belavia passenger to file lawsuit against Ukraine over forced return to Zulyany

MINSK, 4 November (BelTA) – Chairman of the Board of the International Public Organization “Civil Union” Armen Martirosyan is filing a lawsuit against the Ukrainian authorities as a result of their misconduct in the Belavia incident, BelTA has learned.

“I am filing a lawsuit against the Ukrainian authorities for the illegitimate actions taken against me on 21 October 2016,” a post on his Facebook page reads.

Armen Martirosyan's interests will be represented in court by Yelena Lukash, the former Justice Minister of Ukraine, lawyer, people's deputy of Ukraine's Rada of the fifth and 6th convocations, Honored Lawyer of Ukraine, Member of the Ukrainian Union of Lawyers, and her team.

BelTA reported earlier that on 21 October 2016, Belavia Boeing 737-800, carrying out flight V2-840 from Zhulyany (Kiev) to Minsk, was forced to return to the departure airport. There were 136 passengers and six crew members on board. The plane took off from Zhulyany Airport at 15.25. At 15.36, when the plane was a mere 50 kilometers from the Belarusian border, the aircraft's pilot received an order from a traffic controller from the Kiev District division of the Ukrainian state air traffic control enterprise UkSATSE, to immediately head back, with no further explanation. It was also stated that if the order was not fulfilled, fighter jets would be sent into the air. The commander of the aircraft fulfilled the order and started to descend at 15.37. At 15.55 the Belarusian plane landed at Zhulyany International Airport. Upon landing, one of the passengers, an Armenian citizen, was taken off the flight by Ukrainian law enforcement. After the refueling the plane took off and landed at Minsk National Airport at 17.33. The passenger who was taken off the flight was later released and left Kiev for Minsk at 19.00.

Vladimir Kostin, director of the aviation department at Belarus' Ministry of Transport and Communications, said that the Belavia crew did right to return to Zhulyany Airport. “Given the situation, the crew acted properly. According to all international instruments, the aircraft should comply with the instructions of ATC. More so, the plane was in the airspace of Ukraine. If they had not complied and fighter jets had been scrambled, that could have led to a bigger conflict. But, of course, the psychological stress on the crew was very big,” Vladimir Kostin noted.

The Belarusian air carrier said it would request compensation incurred as a result of the actions of the Ukrainian authorities. Belavia offered an apology to its passengers for the inconvenience.

On 22 October, Belarus' Ministry of Foreign Affairs summoned Charge d'affaires of Ukraine to Belarus Valery Dzhigun. The head of the Ukrainian diplomatic mission was given a note of protest to the Ukrainian authorities over the forced return of the aircraft that was performing a regular flight V2-840 on the route Kiev-Minsk on 21 October. The note emphasizes that the Belarusian side expects an official apology and seeks compensation for all financial costs and expenses incurred as a result of the actions of the Ukrainian authorities.

Belarusian Ambassador to Ukraine Igor Sokol was also instructed to submit a similar note of protest to Ukraine's Foreign Ministry.

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