Nord Stream, the Court grants the handover of Kuznietsov to Germany
The defence announces a new appeal to the Supreme Court, until then the former Ukrainian officer will remain in Italy
Key points
Via libera della Corte d’Appello di Bologna alla consegna alla Germania di Serhii Kuznietsov, l’ex capitano dell’esercito ucraino, arrestato su mandato europeo (Mae) nel Riminese il 21 agosto, con l’accusa di aver sabotato nel settembre 2022 i gasdotti Nord Stream 1 e 2. La decisione arriva dopo l’annullamento con rinvio della Cassazione a un nuovo collegio del verdetto con cui la Corte d’Appello aveva disposto la consegna di Kuznietsov, accogliendo uno dei motivi del ricorso della difesa, avvocato Nicola Canestrini, sull’erronea qualificazione giuridica dei fatti. Nel mandato d’arresto europeo, infatti, il reato contestato era il sabotaggio in violazione della costituzione, mentre la corte territoriale aveva The context of the action
The defence, in the appeal before the Supreme Court, as in the Court of Appeal, had recalled "the context ofmartial law in Ukraine and the international armed conflict in which the events allegedly took place, arguing that they should be consideredacts of war carried out on a superior order, covered by functional immunity under Article 10 of the Constitution and international law, as already recognised by the Court of Cassation in the "Calipari" judgment of 2008".
The contents of the new appeal to the Supreme Court
Nicola Canestrini, a lawyer, has already announced a new appeal to the Court of Cassation against the decision, in order to underline the serious procedural violations that compromise the legitimacy and compliance with the principles of due process, as the defence lawyer emphasises in a note. The complaints concern, in particular: the usability of acts from proceedings that have already been declared null and void by the Court of Cassation; the failure to respect the principle of reciprocal trust between Member States, given that the Polish decision expressly recognising objective immunity (so-called functional) was not taken into consideration; the failure to effectively verify the procedural and prison guarantees in the requesting State; the failure to take into consideration the profiles of functional immunity and the political nature of the offence of sabotage contested.
The new hearing will take place in a month
"It is not only the fate of an individual man that is at stake," Canestrini points out, "but the very credibility of the European system of judicial cooperation. Mutual trust cannot be blind: either it is based on an effective control of guarantees or it becomes complicity in violations of fundamental rights. We will continue to fight for a judge to finally assess, on the merits, the issues of international law and immunities that Italy has so far not even wanted to examine.
The hearing for the discussion of theappeal in the Court of Cassation will be held within about a month and until then the person concerned will remain in Italy. The Ukrainian man's defence reiterates that it 'will not stop until a judge has finally examined the profiles of international law and the protection of fundamental rights involved in the case'.
