Ukrainian man, thought to have sabotaged Nord Stream, freed by Warsaw judges.

Польський суд відмовив у екстрадиції українця, підозрюваного у підриві

© EvgeniyShkolenko / depositphotos Donald Tusk deemed the court’s verdict accurate and just.

On October 17, the Warsaw Regional Court declined to approve the extradition of Volodymyr Zh., a suspect in the Nord Stream act of sabotage, to Germany and overturned his provisional imprisonment. The proceedings took place behind closed doors, RMF24 announced this Friday.

German authorities suspect a 49-year-old Ukrainian scuba instructor of being involved in the 2022 Nord Stream natural gas pipeline explosion and intend to press charges. The individual asserts his innocence in the matter, stating he was in Ukraine when the occurrence transpired.

Prior to this, a Ukrainian diver, suspected of the Nord Stream explosions, was taken into custody.

The court opted against handing over Volodymyr Zh., a suspect in the Nord Stream sabotage, to the German authorities and quashed his temporary detention.

Prime Minister Donald Tusk voiced his opinion on the ruling as “accurate.” “A Polish court denied Germany’s request to extradite a Ukrainian citizen suspected of causing the Nord Stream 2 explosion and discharged him from detention. And that is equitable. The issue is resolved,” he posted on the X platform.

“Volodymyr Zh. does not anticipate an impartial hearing in Germany,” voiced lawyer Timoteush Paprocki, the Ukrainian’s counsel, prior to the court’s verdict, summarizing the key arguments of the defense.

“If the European Union institutions acknowledge Nord Stream 1 and Nord Stream 2 as military infrastructure belonging to the Russian Federation, utilized to support military operations against Ukraine, as evidenced by EU Council directives and resolutions, then how can Germany, despite this, regard these actions as constitutional sabotage?” the lawyer pressed.

“This ranks as one of the pivotal moments in the history of the Polish judicial system,” commented lawyer Paprocki regarding the court’s dismissal of the man’s extradition to Germany. The lawyer conveyed his satisfaction that the court not only considered the arguments put forth by the defense but also “broadly addressed the issue of prosecuting Ukrainian nationals.”

In the explanatory section of the decision, Judge Dariusz Lubowski stated that Ukrainian military personnel, along with those operating as part of the armed forces or on behalf of Ukrainian special units, cannot be classified as terrorists or saboteurs. By striving to protect the Homeland by all available means, they weaken the adversary, the judge emphasized. He further underscored that these activities cannot justify classifying them as terrorist offenses.

Volodymyr Zh.’s legal representative conveyed his contentment with the court’s determination, emphasizing that it conveys a crucial message to Germany and other nations. He further noted that the court’s decision highlights that the law should favor the victims rather than serving as a tool for pursuing wider agendas.

As a reminder, the individual was being sought under a European arrest warrant issued by the Federal Court of Justice in Karlsruhe on suspicion of constitutional sabotage, destruction of property, and damage to the Nord Stream 2 gas pipeline. He was apprehended on September 30 at his Polish residence and was being held in a Warsaw detention facility.

Damage to three of the four Nord Stream 1 and Nord Stream 2 pipelines, which were intended to deliver natural gas from Russia to Germany, occurred on September 26, 2022 (more than seven months after the commencement of Russia’s full-scale aggression against Ukraine) at a depth of approximately 80 meters on the floor of the Baltic Sea.

Who perpetrated the act of sabotage against the Russian Nord Stream gas pipelines in the Baltic Sea, and what were their motivations? Was it a terrorist act or an assault on the aggressor? Mykola Katerynchuk and Svitlana Kustova explore this topic in their article, “Legitimate Target: The Military Nature of the Attack on Nord Stream.”

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