Green light toextradition fromformer Ukrainian officer accused sabotage of the Nord Stream gas pipeline network in 2022. In fact, the Court of Cassation has rejected the appeal against the provisions of the Bologna Court of Appeal, confirming that delivery to Germanyformer Ukrainian soldier Serhii Kuznetsov, arrested European mandateissued by Germany itself last August in the province of Rimini. The Supreme Court had previously annulled and postponed the first decision of the Bologna Court of Appeal ordering surrender to German judicial authorities, asking the High Court to investigate the issues raised by the German defense.objective functional immunity.
The resistance action was carried out on orders
In fact, according to the applicant, the matter must be assessed in light of his role as a military man, sabotaging the Nord Stream gas pipeline network; therefore it should be considered an act of resistance againstRussian invasion from Ukraine. An action is accomplished I’m imperial on orders from superiors and in the name of the Ukrainian state, is a legal act and cannot be classified war crimes. In the opinion of the legitimacy judges, the arguments put forward by the High Court however concluded that «there are no elements that allow us to affirm that the act sabotage is truly a completed action I’m imperial in the capacity of a body of a sovereign State based on orders coming from the Ruler of the State where the appellant is located, even though he avoids the decisions of political bodies.”
The nature of political crimes
According to the opinion of Supreme Courtin fact, “the existence of functional immunity – as a factor impeding transmission – cannot be evoked in general, but must be demonstrated specifically in relation to the presumptions and conditions that justify its direct recognition by the subject asserting its relevance”.
Also there is no obstacle in delivery the nature of political crimes crimes under a European arrest warrant. Even after Legislative Decree 10/2021, by which Italian law was adapted to European arrest warrants, “the political nature of the crimes for which European arrest warrants are issued does not in itself constitute a sufficient reason to justify such action. delivery refusalit is therefore necessary to highlight the real risk that its implementation could result in discriminatory actions or behavior to the detriment of the party making the appeal, in the context of a process that could be unfair”.
Nicola Canestrinidefense attorney Serhii Kuznetsov, in a note, expressed his disappointment with the Supreme Court’s ruling, but also his confidence in acquittal after the trial on the merits will be held in Germany.
