Sarah RainsfordSouthern and Japanese Europe correspondent in Warsaw

A Polish choose has refused to extradite a Ukrainian citizen – suspected by Germany of sabotaging the Nord Stream gasoline pipelines in September 2022 – arguing that if Ukraine was liable for the assault, then it was a “simply” act.
Volodymyr Zhuravlyov, who was delivered to Warsaw District Courtroom in handcuffs, was detained in Poland final month on a European arrest warrant.
Decide Dariusz Lubowski ordered his launch, after a ruling that was met with a ripple of shock from the gang in courtroom and a smile from the person within the dock.
Mr Zhuravlyov, together with others, is suspected of planting explosives deep beneath the Baltic Sea on the pipelines main from Russia to Germany.
Blame for the blasts, which crippled a long-controversial vitality provide line from Russia to Germany, initially centered on Moscow till indicators of Ukrainian involvement started to emerge.
Officers in Kyiv have repeatedly denied any position.
Extradition circumstances throughout the EU are normally fast and simple, however the Nord Stream case is proving to be very completely different.
Polish Prime Minister Donald Tusk, whose authorities is a key ally of war-torn Ukraine, instantly posted on X that the ruling was proper.
“Case closed,” he wrote.
Inside the enormous district courthouse in Warsaw, Decide Lubowski introduced his resolution to the suspect, his household and authorized workforce – and a big cluster of TV cameras.
In a protracted and passionate speech, he stated he was contemplating solely the request to ship Mr Zhuravlyov to Germany, not the substance of the case itself. However he was clear that the context of the warfare in Ukraine was vital.
The choose described Russia’s invasion as “a bloody and genocidal assault” and argued, quoting Aristotle and Saint Thomas Aquinas, saying that Ukraine had the authorized proper to defend itself.
“If Ukraine and its particular forces… organised an armed mission to destroy enemy pipelines – which the courtroom doesn’t prejudge – then these actions weren’t illegal.
“Quite the opposite, they had been justified, rational and simply,” he informed the courtroom.

He stated the assault had “disadvantaged the enemy of billions of euros paid by Germany for the gasoline… and weakened Russia’s navy potential”.
What may very well be seen as terrorism or sabotage in peace time, the choose stated, was completely different in a time of warfare.
Germany had in reality halted use of the 2 Nord Stream 1 pipelines after Russia’s full-scale invasion of Ukraine and Nord Stream 2 had not but entered service.
Poland has at all times been a vocal critic of that venture for making Berlin too depending on Moscow. The route disadvantaged Poland of transit charges for the gasoline. Ukraine and the US had been additionally longstanding opponents of the pipelines.
Decide Lubowski insisted, although, that his ruling was a authorized one, and never emotional or political.
He additionally questioned whether or not Germany had jurisdiction even to carry its case, because the explosions had been in worldwide waters on pipelines with majority Russian state possession.

Asserting that Mr Zhuravlyov can be launched from custody, he stated the Ukrainian would additionally get compensation from the Polish state.
“I’m joyful… it was a very very onerous three weeks,” Mr Zhuravlyov’s spouse, Yulianna, informed the BBC in courtroom after the choose’s verdict.
“For me, as a Ukrainian, it was crucial to listen to that he understands us.”
She stated the household deliberate to remain in Poland, the place they’ve lived since February 2022.
Earlier, she described her husband’s arrest at their house simply exterior Warsaw and stated he denied any involvement within the sabotage.
Volodymyr Zhuravlyov is a deep-sea diver, his spouse has confirmed, however she referred to as it a passion and stated he had no navy position.
He has a enterprise in Poland putting in air conditioners. Mrs Zhuravlyova couldn’t inform the BBC precisely the place her husband was when three of the 4 Nord Stream pipelines had been blown up, as a result of she stated no-one had requested her to test.
He isn’t the one suspect on Germany’s checklist: one other Ukrainian man was detained in Italy in August when he was on vacation.
Serhiy Kuznetsov was additionally accused of “unconstitutional sabotage” and has denied any connection to the blasts. He’s at the moment in a excessive safety jail in northern Italy.
A courtroom in Bologna did rule he must be extradited to Berlin however earlier this week that verdict was annulled by the highest appeals courtroom in Rome and the case has been returned to Bologna to start yet again.
Requested concerning the resolution, Germany’s overseas minister stated he revered the ruling and it was not the job of presidency to intervene with the courts.