A Polish judge has refused to extradite a Ukrainian citizen – suspected by Germany of sabotaging the Nord Stream gas pipelines in September 2022 – arguing that if Ukraine was responsible for the attack, then it was a 'just' act.
Volodymyr Zhuravlyov, who was brought to Warsaw District Court in handcuffs, was detained in Poland last month on a European arrest warrant.
Judge Dariusz Lubowski ordered his release, after a ruling that was met with a ripple of surprise from the crowd in court and a smile from the man in the dock.
Mr Zhuravlyov, along with others, is suspected of planting explosives deep beneath the Baltic Sea on the pipelines leading from Russia to Germany.
Blame for the blasts, which crippled a long-controversial energy supply line from Russia to Germany, initially focused on Moscow until signs of Ukrainian involvement began to emerge. Officials in Kyiv have repeatedly denied any role.
Extradition cases within the EU are usually quick and straightforward, but the Nord Stream case is proving to be very different.
Polish Prime Minister Donald Tusk, whose government is a key ally of war-torn Ukraine, immediately posted on X that the ruling was right. 'Case closed,' he wrote.
Inside the giant district courthouse in Warsaw, Judge Lubowski announced his decision to the suspect, his family and legal team – and a large cluster of TV cameras. In a long and passionate speech, he stated that the context of the war in Ukraine was critical. The judge described Russia's invasion as 'a bloody and genocidal attack' and argued that Ukraine had the legal right to defend itself.
He stated, 'If Ukraine and its special forces… organised an armed mission to destroy enemy pipelines – which the court does not prejudge – then these actions were not unlawful. On the contrary, they were justified, rational and just.'
He said the attack had 'deprived the enemy of billions of euros paid by Germany for the gas… and weakened Russia's military potential'. What could be seen as terrorism or sabotage in peace time, the judge said, is different in a time of war.
Poland has always been a vocal critic of the Nord Stream project, which it argues made Berlin too dependent on Moscow. The route deprived Poland of transit fees for the gas. Ukraine and the US were also longstanding opponents of the pipelines.
Announcing that Mr Zhuravlyov would be released from custody, he said the Ukrainian would also get compensation from the Polish state. 'I am happy… it was a really very hard three weeks,' Mr Zhuravlyov's wife, Yulianna, told the BBC in court after the judge's verdict.
'For me, as a Ukrainian, it was very important to hear that he understands us.' She said the family planned to stay in Poland, where they have lived since February 2022.
Earlier, she described her husband's arrest at their home just outside Warsaw and said he denied any involvement in the sabotage. Volodymyr Zhuravlyov is a deep-sea diver, his wife has confirmed, but she called it a hobby and said he had no military role. He has a business in Poland installing air conditioners.
Germany's foreign minister commented on the ruling, stating that he respected the decision and affirmed that it was not the government’s role to interfere with the courts.
