In a landmark ruling that has drawn significant attention, a Polish judge has refused to extradite a Ukrainian citizen accused by Germany of involvement in the sabotage of the Nord Stream gas pipelines in September 2022. The judge justified his decision by stating that if Ukraine was indeed responsible for the attack, it constituted a “just” act of self-defense during wartime.
The suspect, Volodymyr Zhuravlyov, was apprehended in Poland last month following a European arrest warrant. He appeared in Warsaw District Court in handcuffs but was ordered released by Judge Dariusz Lubowski. This unexpected verdict was met with surprise in the courtroom and a visible smile from Mr. Zhuravlyov.
Germany alleges that Mr. Zhuravlyov, along with other individuals, was involved in planting explosives beneath the Baltic Sea, targeting the pipelines that transported Russian gas to Germany. While initial blame for the explosions fell on Moscow, subsequent investigations pointed towards Ukrainian involvement, a claim consistently denied by Kyiv.
The ruling has significant implications, as extradition processes within the European Union are typically swift. Polish Prime Minister Donald Tusk, a strong supporter of Ukraine, promptly reacted on social media, endorsing the judge’s decision and declaring the case closed.
During the hearing, Judge Lubowski emphasized that his decision focused solely on the extradition request to Germany and not the merits of the case itself. However, he underscored the critical context of the ongoing war in Ukraine. Describing Russia’s invasion as a “bloody and genocidal attack,” the judge invoked legal principles, including those from Aristotle and Saint Thomas Aquinas, to argue that Ukraine possessed the legal right to defend itself.
“If Ukraine and its special forces… organised an armed mission to destroy enemy pipelines – which the court does not prejudge – then these actions were not unlawful. On the contrary, they were justified, rational and just,” the judge stated.
The judge further questioned Germany’s jurisdiction in the case, noting that the explosions occurred in international waters and involved pipelines with majority Russian state ownership. He pointed out that Germany had already ceased using the Nord Stream 1 pipelines after Russia’s full-scale invasion of Ukraine, and Nord Stream 2 had not yet become operational.
Mr. Zhuravlyov’s wife, Yulianna, expressed her relief and gratitude, stating, “I am happy… it was a really very hard three weeks. For me, as a Ukrainian, it was very important to hear that he understands us.” She confirmed the family’s intention to remain in Poland, where they have resided since February 2022. Mr. Zhuravlyov denies any involvement in the sabotage, and his wife described him as a deep-sea diver whose involvement was merely a hobby, not military-related.
This case is not isolated, as another Ukrainian man, Serhiy Kuznetsov, detained in Italy in August, faces similar accusations. His extradition to Germany was initially approved but later annulled by Rome’s top appeals court, with the case being sent back for reconsideration.
Germany’s foreign minister stated that the government respects the court’s ruling and would not interfere in judicial matters.
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