The Bologna Court of Appeal has postponed until September 9 a decision on Germanyʼs request for the extradition of Ukrainian Serhiy Kuznetsov, a former captain in the Ukrainian army, arrested on August 20. He is accused of participating in the sabotage of the “Nord Stream 1” and “Nord Stream 2” gas pipelines in the Baltic Sea in September 2022.
This is reported by the local media Bologna Today.
After more than five hours of hearings, the judges granted a request by the defense, represented by lawyer Nicolo Canestrini, to investigate the conditions of detention in German prisons. The Attorney Generalʼs Office, which initially supported the extradition, eventually also called for further examination of the issue.
Canestrini referred to the principle of functional immunity, which means that actions committed in wartime on behalf of the state are not subject to prosecution. He also recalled that a similar investigation in Denmark had been closed, and this, in accordance with the Schengen agreements, could have consequences for Kuznetsovʼs case.
Also at the center of the debate is the so-called flag principle, which prevents a foreign soldier from being prosecuted for actions taken in the line of duty. It was already applied in the 2008 Niccolo Calipari case, when American soldiers allegedly accidentally killed an Italian police general in Iraq. No American service member has been prosecuted.
According to the defense, extradition poses serious risks of violation of fundamental rights, in particular, it could lead to unfair trials and prison conditions degrading human dignity.
The National Agency for the Prevention of Torture has reported cases of overcrowded prisons in Germany, where prisoners are forced to sleep on mattresses on the floor, in windowless cells and are fastened with metal chains.
“Nord Stream” explosions
On September 26, 2022, 3 explosions occurred on the “Nord Stream 1” and “Nord Stream 2” pipelines, which run along the bottom of the Baltic Sea from Russia to Germany, causing massive gas leaks.
Only one of the four gas pipeline strands remained intact. Western media reported that Russia was shutting down “Nord Stream” because it was not going to repair it after the accidents.
The US, UK and EU governments have declared a deliberate sabotage. Russia believes that the US and its allies are interested in the bombings. Western and Russian media have written about different versions — from sabotage by the Russians themselves to the involvement of Ukraine. President Volodymyr Zelensky has denied Ukraineʼs involvement in the sabotage.
In early February 2024, Sweden closed its investigation into the “Nord Stream” sabotage due to lack of jurisdiction. Following Sweden, Denmark also closed its investigation.
Germany is currently investigating the role of former Ukrainian Armed Forces Commander-in-Chief Valerii Zaluzhnyi in the “Nord Stream” sabotage, as reported by the American newspaper The Wall Street Journal. Zelensky allegedly initially approved the plan, but later ordered it canceled, and Zaluzhnyi continued the operation despite this.
In November 2024, the German newspaper Der Spiegel published an investigation that stated that the saboteurs who sabotaged “Nord Stream” also planned to blow up “TurkStream” in the Black Sea, but they failed.
On August 26, German investigators issued arrest warrants for six Ukrainians suspected of involvement in the bombings. Ukrainian Serhii Kuznetsov, who was detained on suspicion, denies the charges.
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