Polish Judge Rejects Handing Nord Stream Suspect to Germany
(Bloomberg) -- A Polish court declined to extradite to Germany a Ukrainian national suspected of helping sabotage the Nord Stream gas link, saying the destruction of the pipeline was justified by Russia’s attack on Ukraine.
The man, identified as Volodymyr Zhuravlov, is wanted under a European arrest warrant issued by a German court and has been in Polish police custody since Sept. 30. Germany’s foreign minister signaled the government in Berlin wouldn’t challenge the court ruling.
The former Ukrainian diving instructor is suspected of being part of a group that used explosives to blow up the Nord Stream 1 and Nord Stream 2 pipelines in the Baltic Sea in September 2022, months after Russia’s full-scale invasion of Ukraine. The pipelines carried Russian gas to Germany and were controlled by Moscow’s Gazprom PJSC.
Judge Dariusz Lubowski said the sabotage was carried out during wartime, meaning it shouldn’t be treated as a terrorist act, regardless of whether Ukrainian authorities ordered it. Furthermore, it occurred in international waters, limiting the German court’s jurisdiction.
“Blowing up critical infrastructure during a war — during a just, defensive war — is not sabotage but denotes a military action,” Lubowski said. “These actions were not illegal. On the contrary, they were justified, rational and just.”
The judge ordered Zhuravlov released from custody. The decision can be appealed within three days, he said.
The case is politically charged given Warsaw’s staunch support for Ukraine and prior criticism of German dependence on Russian energy. Prime Minister Donald Tusk said this month that it’s “not in the interest of the country, but also not in the interest of plain decency and justice” to charge or extradite the suspect.
“It’s not the problem of Europe, Ukraine, Lithuania or Poland that Nord Stream 2 was blown up, but the fact that it was built,” Tusk said during a news conference. “The only people who should be ashamed and should stay silent on Nord Stream 2 are the people who made the decision to build it.”
Tusk praised the ruling and said: “The case is closed.”
German Foreign Minister Johann Wadephul said he respects the ruling.
“A court decision has been made in Poland, which I respect because we recognize the separation of powers,” Wadephul said during a visit to Ankara. “If court decisions have been made, especially in other countries, then I believe it’s not the executive branch’s job to interfere.”
Police in Italy detained another man from the alleged group in August and Italian court blocked his extradition to Germany this week. A year ago, Sweden dropped a related probe, saying they had no jurisdiction given that nothing indicates the attack involved the Nordic country or its citizens.
(Updates with Germany’s reaction in 10th paragraph.)
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