Nord Stream, Kuznietsov's handover to Germany cancelled
The Supreme Court annuls with referral the decision of the Court of Appeal against the former Ukrainian soldier who damaged the gas pipeline
The Court of Cassation annulled with reference the decision by which the Court of Appeal had ordered the surrender to Germany of Serhii Kuznietsov, the former captain of the Ukrainian army arrested on a European warrant in the Rimini area on 21 August, on charges of sabotaging the Nord Stream 1 and 2 gas pipelines in September 2022. The case will have to be re-evaluated by a new panel. At the hearing, the public prosecutor's office asked for the acceptance of one of the defence's grounds of appeal, "This error," explained lawyer Canestrini, "had led to an infringement of my client's right to effectively participate in his own trial, in violation of the principles of due process enshrined in the European Convention on Human Rights and European Union law. The Supreme Court agreed with this approach, ordering the annulment with reference. The reasons for the decision will follow in a few weeks' time.
In light of what has been decided, the defence lawyer will assess in the coming days whether the conditions exist for requesting the release from prison, 'the legal grounds for the measure no longer exist. This decision confirms that even in European criminal justice cooperation, fundamental rights and procedural guarantees can never be sacrificed to the reason of state. Neither efficiency nor political pressure can justify the compression of the right to a fair trial: the rule of law lives only where rights prevail over power,' the lawyer continues.
