Polish decide refuses to extradite Nord Stream blasts suspect over 'simply act'

[ad_1] Sarah Rainsford Southern and Japanese Europe correspondent in Warsaw

<img sizes="(min-width: 1280px) 50vw, (min-width: 1008px) 66vw, 96vw" srcset="https://ichef.bbci.co.uk/news/240/cpsprodpb/25e9/live/c58c1af0-ab8c-11f0-bcc1-4bb330842a95.jpg.webp 240w,https://ichef.bbci.co.uk/news/320/cpsprodpb/25e9/live/c58c1af0-ab8c-11f0-bcc1-4bb330842a95.jpg.webp 320w,https://ichef.bbci.co.uk/news/480/cpsprodpb/25e9/live/c58c1af0-ab8c-11f0-bcc1-4bb330842a95.jpg.webp 480w,https://ichef.bbci.co.uk/news/640/cpsprodpb/25e9/live/c58c1af0-ab8c-11f0-bcc1-4bb330842a95.jpg.webp 640w,https://ichef.bbci.co.uk/news/800/cpsprodpb/25e9/live/c58c1af0-ab8c-11f0-bcc1-4bb330842a95.jpg.webp 800w,https://ichef.bbci.co.uk/news/1024/cpsprodpb/25e9/live/c58c1af0-ab8c-11f0-bcc1-4bb330842a95.jpg.webp 1024w,https://ichef.bbci.co.uk/news/1536/cpsprodpb/25e9/live/c58c1af0-ab8c-11f0-bcc1-4bb330842a95.jpg.webp 1536w" src="https://ichef.bbci.co.uk/news/480/cpsprodpb/25e9/live/c58c1af0-ab8c-11f0-bcc1-4bb330842a95.jpg.webp" loading="eager" alt="Omar Marques/Getty Images Ukrainian diver, Volodymyr Zhuravlyov, who is wanted by Germany under an European Arrest Warrant over his alleged involvement in the 2022 underwater explosion of the Nord Stream pipeline, walks free from the court room" class="sc-5340b511-0 bGQwLJ"/> Omar Marques/Getty Pictures Volodymyr Zhuravlyov was launched after the decide delivered his verdict

A Polish decide has refused to extradite a Ukrainian citizen – suspected by Germany of sabotaging the Nord Stream gasoline pipelines in September 2022 – arguing that if Ukraine was chargeable for the assault, then it was a "simply" act.

Volodymyr Zhuravlyov, who was dropped at Warsaw District Court docket in handcuffs, was detained in Poland final month on a European arrest warrant.

Choose Dariusz Lubowski ordered his launch, after a ruling that was met with a ripple of shock from the gang in courtroom and a smile from the person within the dock.

Mr Zhuravlyov, together with others, is suspected of planting explosives deep beneath the Baltic Sea on the pipelines main from Russia to Germany.

Blame for the blasts, which crippled a long-controversial vitality provide line from Russia to Germany, initially centered on Moscow till indicators of Ukrainian involvement started to emerge.

Officers in Kyiv have repeatedly denied any position.

Extradition circumstances inside the EU are often fast and simple, however the Nord Stream case is proving to be very totally different.

Polish Prime Minister Donald Tusk, whose authorities is a key ally of war-torn Ukraine, instantly posted on X that the ruling was proper.

"Case closed," he wrote.

Inside the enormous district courthouse in Warsaw, Choose Lubowski introduced his choice to the suspect, his household and authorized staff – and a big cluster of TV cameras.

In a protracted and passionate speech, he mentioned he was contemplating solely the request to ship Mr Zhuravlyov to Germany, not the substance of the case itself. However he was clear that the context of the conflict in Ukraine was essential.

The decide described Russia's invasion as "a bloody and genocidal assault" and argued, quoting Aristotle and Saint Thomas Aquinas, that Ukraine had the authorized proper to defend itself.

"If Ukraine and its particular forces… organised an armed mission to destroy enemy pipelines – which the courtroom doesn't prejudge – then these actions weren't illegal.

"Quite the opposite, they had been justified, rational and simply," he advised the courtroom.

<img sizes="(min-width: 1280px) 50vw, (min-width: 1008px) 66vw, 96vw" srcset="https://ichef.bbci.co.uk/news/240/cpsprodpb/4dd3/live/e93c5580-ab89-11f0-bcc1-4bb330842a95.png.webp 240w,https://ichef.bbci.co.uk/news/320/cpsprodpb/4dd3/live/e93c5580-ab89-11f0-bcc1-4bb330842a95.png.webp 320w,https://ichef.bbci.co.uk/news/480/cpsprodpb/4dd3/live/e93c5580-ab89-11f0-bcc1-4bb330842a95.png.webp 480w,https://ichef.bbci.co.uk/news/640/cpsprodpb/4dd3/live/e93c5580-ab89-11f0-bcc1-4bb330842a95.png.webp 640w,https://ichef.bbci.co.uk/news/800/cpsprodpb/4dd3/live/e93c5580-ab89-11f0-bcc1-4bb330842a95.png.webp 800w,https://ichef.bbci.co.uk/news/1024/cpsprodpb/4dd3/live/e93c5580-ab89-11f0-bcc1-4bb330842a95.png.webp 1024w,https://ichef.bbci.co.uk/news/1536/cpsprodpb/4dd3/live/e93c5580-ab89-11f0-bcc1-4bb330842a95.png.webp 1536w" src="https://ichef.bbci.co.uk/news/480/cpsprodpb/4dd3/live/e93c5580-ab89-11f0-bcc1-4bb330842a95.png.webp" loading="lazy" alt="BBC/Sarah Rainsford A woman with dark curly hair and a beige coat looks at the camera" class="sc-5340b511-0 bGQwLJ"/> BBC/Sarah Rainsford Mr Zhuravlyov's spouse, Yulianna, mentioned it was vital to listen to the decide understood Ukrainians

He mentioned the assault had "disadvantaged the enemy of billions of euros paid by Germany for the gasoline… and weakened Russia's navy potential".

What might be seen as terrorism or sabotage in peace time, the decide mentioned, was totally different in a time of conflict.

Germany had in actual fact halted use of the 2 Nord Stream 1 pipelines after Russia's full-scale invasion of Ukraine and Nord Stream 2 had not but entered service.

Poland has all the time been a vocal critic of that venture for making Berlin too depending on Moscow. The route disadvantaged Poland of transit charges for the gasoline. Ukraine and the US had been additionally longstanding opponents of the pipelines.

Choose Lubowski insisted, although, that his ruling was a authorized one, and never emotional or political.

He additionally questioned whether or not Germany had jurisdiction even to carry its case, because the explosions had been in worldwide waters on pipelines with majority Russian state possession.

<img sizes="(min-width: 1280px) 50vw, (min-width: 1008px) 66vw, 96vw" srcset="https://ichef.bbci.co.uk/news/240/cpsprodpb/4b36/live/66d96620-ab8c-11f0-aa13-0b0479f6f42a.jpg.webp 240w,https://ichef.bbci.co.uk/news/320/cpsprodpb/4b36/live/66d96620-ab8c-11f0-aa13-0b0479f6f42a.jpg.webp 320w,https://ichef.bbci.co.uk/news/480/cpsprodpb/4b36/live/66d96620-ab8c-11f0-aa13-0b0479f6f42a.jpg.webp 480w,https://ichef.bbci.co.uk/news/640/cpsprodpb/4b36/live/66d96620-ab8c-11f0-aa13-0b0479f6f42a.jpg.webp 640w,https://ichef.bbci.co.uk/news/800/cpsprodpb/4b36/live/66d96620-ab8c-11f0-aa13-0b0479f6f42a.jpg.webp 800w,https://ichef.bbci.co.uk/news/1024/cpsprodpb/4b36/live/66d96620-ab8c-11f0-aa13-0b0479f6f42a.jpg.webp 1024w,https://ichef.bbci.co.uk/news/1536/cpsprodpb/4b36/live/66d96620-ab8c-11f0-aa13-0b0479f6f42a.jpg.webp 1536w" src="https://ichef.bbci.co.uk/news/480/cpsprodpb/4b36/live/66d96620-ab8c-11f0-aa13-0b0479f6f42a.jpg.webp" loading="lazy" alt="Map of Nord Stream gas pipelines" class="sc-5340b511-0 bGQwLJ"/> Asserting that Mr Zhuravlyov can be launched from custody, he mentioned the Ukrainian would additionally get compensation from the Polish state.

"I'm blissful… it was a very very exhausting three weeks," Mr Zhuravlyov's spouse, Yulianna, advised the BBC in courtroom after the decide's verdict.

"For me, as a Ukrainian, it was crucial to listen to that he understands us."

She mentioned the household deliberate to remain in Poland, the place they've lived since February 2022.

Earlier, she described her husband's arrest at their dwelling simply exterior Warsaw and mentioned he denied any involvement within the sabotage.

Volodymyr Zhuravlyov is a deep-sea diver, his spouse has confirmed, however she known as it a passion and mentioned he had no navy position.

He has a enterprise in Poland putting in air conditioners. Mrs Zhuravlyova couldn't inform the BBC precisely the place her husband was when three of the 4 Nord Stream pipelines had been blown up, as a result of she mentioned no-one had requested her to examine.

He isn't the one suspect on Germany's record: one other Ukrainian man was detained in Italy in August when he was on vacation.

Serhiy Kuznetsov was additionally accused of "unconstitutional sabotage" and has denied any connection to the blasts. He's at the moment in a excessive safety jail in northern Italy.

A courtroom in Bologna did rule he must be extradited to Berlin however earlier this week that verdict was annulled by the highest appeals courtroom in Rome and the case has been returned to Bologna to start another time.

Requested in regards to the choice, Germany's overseas minister mentioned he revered the ruling and it was not the job of presidency to intrude with the courts.