"Nord Stream" explosion: are Russians conducting court proceedings through "hands" of Germans?
While corruption and political scandals are raging inside Ukraine and attempts to diplomatically bring the war to an end are ongoing on the international arena, a process related to the "Nord Stream" explosion is moving forward in Europe.
We have already reported that on 26 September 2022, explosions occurred in the Baltic Sea on gas pipelines that were supposed to transport Russian gas to Germany. The underwater pipes were damaged to such an extent that they cannot be repaired. Sweden and Denmark, through whose territories the gas pipelines passed, closed their investigations into the incident last year. The Germans, however, are still pursuing the case, suspecting that the sabotage was carried out by an elite Ukrainian unit, which allegedly rented the yacht "Andromeda" and carried out the explosion. Among the suspects are Volodymyr Zhuravlev, whom Poland refused to extradite to Germany in October, and Serhii Kuznetsov, whom an Italian court allowed to be extradited at the end of November.
He is currently in a German prison. He denies his involvement in the sabotage. He faces up to 15 years in prison. Back in 2023, Ukrainian President Volodymyr Zelensky stated that Ukrainians were not involved in the sabotage of the pipelines. Therefore, the Ukrainian Embassy in Italy, as noted by the Ukrainian's defence, distanced itself from the trial against him. Initially, it provided a lawyer, who turned out to be too expensive, so they had to refuse his services and defend themselves on their own. They also had to find defence lawyers in Germany, who have already begun work and are challenging both the arrest warrant for Kuznetsov and the conditions in which he is currently being held.
Mykola Katerynchuk
"PRISON GUARDS THROW FOOD ON THE FLOOR OF THE CELL. THE SHOWER IS NO LONGER THAN SIX MINUTES: THEY TURN OFF THE WATER IMMEDIATELY."
"The prosecutor said in court that they would take his dietary requirements into account, but this has not happened. Therefore, the defence has prepared a complaint," emphasises Mykola Katerynchuk, a lawyer involved in Kuznetsov's defence. "Serhii's health has deteriorated. He is still not being given the food he needs. And what they bring is simply thrown on the floor of the cell. He refuses to eat, explaining that the prosecutor promised to change his diet. He has lost even more weight. The German prison guards treat him badly. They yell at him that he has to speak to them in German. He speaks English, so they get nervous. They call him names. He is allowed to shower for no more than six minutes: they turn off the water immediately. However, the Polish and Romanian prison guards treat him normally, with respect. His lawyers transferred him 200 euros so that he could at least buy something for himself, but he was not allowed to use this money. He was also not allowed to make phone calls. There was a complete vacuum until the lawyers arrived. Until 10 December, we did not know what condition he was in or what was happening to him at all. Now Serhii says that when he was imprisoned with terrorists in Italy, it was like a four-star hotel compared to his current conditions. Lawyers who have already familiarised themselves with the case materials say that this is a consequence of the fact that there is no evidence of Serhii's guilt or involvement in the events surrounding the "Nord Stream" explosion. Therefore, the Germans are probably trying to break him with this attitude so that he incriminates himself. But this will not work. We will take control of the situation and raise this issue publicly, including in the European Parliament. We will also appeal to German politicians to respond to the intolerable conditions of his detention, which can be described as close to torture. In addition, tomorrow (12 December – O.M.) we will write a statement to the European Court of Human Rights.
"SERHII SHOULD BE GRANTED FUNCTIONAL IMMUNITY"
Roman Chervinskyi
Kuznetsov's former commander, ex-intelligence officer Roman Chervinskyi, notes that German lawyers filed a complaint against the Ukrainian's arrest from the very beginning when they took on the case:
"They carefully read and analysed the documents to which they finally gained access. They concluded that there were no factual grounds for the arrest. Therefore, the arrest warrant is unfounded. The only thing German law enforcement officials are counting on is that they will find some DNA that matches what they apparently found on the yacht "Andromeda". Earlier, they said they found several items there: shoes, a jacket and a bottle. Alternatively, DNA can still be identified from hair, if any was left there. But let me remind you that Serhii is bald. Therefore, we think that this is all fake and there is no DNA. If there is no DNA, the charges will be completely unfounded, and Serhii should be released, because there is no other evidence of his involvement in the incident. Kuznetsov's main position is that he is not guilty of anything. At that time, he was a soldier. I was his commander then. He carried out all the tasks assigned to our unit. I have no right to say whether he was involved in this or not, and I will not do so, because that is the line of defence. However, I would like to remind you that at that time, "Nord Stream" was perceived throughout the world not as a business or economic project of Germany and russia, but as a tool for the Russian Federation to exert pressure on the European Union, in particular on Germany, through energy levers.
I realise that today in Europe, especially in Germany, society is divided. Some members of the pro-Russian "Alternative for Germany" party are making official statements that Ukrainians are terrorists who must be brought to justice, etc. Other political forces believe that what happened was the right decision. Even Chancellor Merz said during a meeting with Trump that "Nord Stream" was a mistake. Incidentally, energy resources, gas and oil, are russia's main tool, as they are the main source of funding for the war. It is noteworthy that in 2023, i.e. the year after "Nord Stream" disappeared, "gazprom" became a loss-making organisation for the first time in 35 years since its foundation. We understand that all the profits and funding for this huge "machine" came mainly from Europe. During these investigations and information gathering, it also became known that it was financing the private military companies "fakel" and "potok", which were created in July-August 2022 and were fighting in Donbas. At the same time, putin, who initially tried to capture Ukraine in two weeks because Zelenskyy had created all the conditions for this, but when this did not happen, began to build up his power - to form PMC and gather people in units that had not been used before. Therefore, part of gazprom's security was transferred to the PMC and sent to the front, and he financed them from his own profits. Therefore, under international law, all these signs and facts make "Nord Stream" a legitimate target. The Polish court took this approach, noting that russia spent the funds received from the pipelines on the war with Ukraine. And even if the explosion was carried out by a Ukrainian, it was a legitimate military target.
Serhii's defence will insist that there is no evidence of his involvement. The investigation did not provide any. But even if the charges are brought against a Ukrainian citizen, and even more so against a military man, which Serhii was at the time, the German court must take this into account. Therefore, functional immunity should be applied to him. He cannot be held responsible for these events. In fact, the responsibility lies with the state that is at war. According to the laws of war and the rules of warfare at sea, which were approved in San Remo in 1994, warring countries can destroy each other's submarine pipelines, even if they connect one of them to a third country. Their destruction can be considered a temporary measure if it contributes to weakening the enemy's military power. In other words, it is a legitimate target for the opposing side and can be carried out even in the economic zones of other states and in neutral waters. Thus, I repeat, "Nord Stream" is a legitimate target. And the behaviour of the German prosecutor's office and investigators shows that they simply do not take these points into account. They are trying to turn a blind eye to the fact that there is a war in Ukraine and that Serhii is a soldier. They did not even mention this in their decisions. Now, for the first time, this has appeared in their documents, but they still insist on exceeding their authority, because, they say, the pipelines were not a military target. It is at this stage that the main dispute in the case will arise: did Ukraine have the right, if it was indeed Ukraine, to carry out such actions? There are two points of view. Given that it was financed by the PMC, and given that russia put pressure on Germany and forced it, through political means, not to help Ukraine as an ally during the war, the defence will emphasise that if it was the Ukrainians, this must be taken into account, and Serhii should be released, recognising the legitimacy of such actions.
"THE OMBUDSMAN'S OFFICE IMMEDIATELY BEGAN WORKING WITH THE RELEVANT INSTITUTIONS IN GERMANY."
Dmytro Lubinets
After Kuznetsov's hunger strike in an Italian prison, the Verkhovna Rada's Human Rights Commissioner Dmytro Lubinets took his case under personal control:
"Within the limits of its competence, the Ombudsman's Office monitors the observance of the rights of Ukrainian citizens detained abroad. To this end, I sent a series of official requests to ensure proper conditions for his detention - access to medical care, consideration of dietary requirements, the right to communicate with his family and effective legal protection. The letters were sent to the Ministry of Foreign Affairs of Ukraine, the Ministry of Justice of Italy, Vice-President of the European Parliament Pina Picierno, the Ombudsman of Italy and the Lazio region Marino Fardelli, and the National Guarantor for the Rights of Persons Deprived of Liberty (an institution that protects the rights of detainees in Italy). The Ministry of Foreign Affairs of Ukraine provided me with a detailed response. According to the ministry, consular officials from the Consulate General of Ukraine in Milan visited Serhii Kuznetsov several times to monitor his conditions of detention. After he announced his hunger strike, the consul met with Serhii in the Ferrara pre-trial detention centre on 5 November. According to Serhii, his condition was satisfactory, he was in contact with his lawyer and wife, and he also noted that the administration of the detention centre was taking measures within the rules of the institution's internal regulations to meet his needs, in particular regarding his food, staying in a separate cell, increasing the hours for communication with his wife and ending his information isolation. He ended his hunger strike on 11 November, as his demands regarding his conditions of detention had been met.
In connection with the entry into force of the extradition decision and preparations for the transfer of Serhii Kuznetsov to Germany, our Office immediately began working with the relevant institutions of that country. We prepared an appeal to human rights organisations and relevant structures in Germany to ensure that Serhii's rights are respected after his arrival in Germany: adequate conditions of detention, access to medical care and the opportunity to communicate with his family and lawyers. My Representative for International Cooperation and European Integration, Mykhailo Spasov, held a separate meeting with the Director of the German Institute for Human Rights during joint events in Brussels to secure their support. We also sent an official letter to the German Institute for Human Rights outlining the relevant circumstances of the case for an appropriate response from the German side, as well as to the German Attorney General. Further interaction with other competent authorities and human rights institutions in Germany is being coordinated by us together with the Ministry of Foreign Affairs of Ukraine. These appeals contain the key circumstances of the case, an emphasis on compliance with international human rights standards, and a request to ensure systematic monitoring of Serhii's conditions of detention after his arrival in a German prison.
I have a representative in Germany, Andrii Ilin, who was recently appointed to this position. He will also be involved in working on this case.
I am in regular contact with Serhii Kuznetsov's family and his lawyers. This allows me to respond quickly to any potential violations of his rights. I also interact constantly with Ukrainian diplomatic institutions, German partners and human rights institutions to ensure compliance with all human rights standards, the presumption of innocence and the norms of international humanitarian law during Serhii's stay in Germany. For me, it is a matter of personal responsibility to do everything possible to ensure that the conditions of his detention are fair, transparent and in line with international standards.
"THE RUSSIANS ARE CONDUCTING THIS PROCESS 'THROUGH THE HANDS' OF THE GERMANS"
Roman Bezsmertnyi
Politician and diplomat Roman Bezsmertnyi calls the trial of the Ukrainian a vendetta:
"Please note: everything revolves around Hamburg. This is an old KGB stronghold. In fact, both the investigation and the trial are primarily influenced by the "Alternative for Germany" party. It is this party that is stirring up this situation. There is a certain political pressure behind the investigation, which is connected not only with "Alternative", but also with the influence of the FSB on this process. There is a direct connection here: for "Alternative", eastern Germany is a kind of "Fatherland". Recently, a whole group of party officials was invited to a meeting in Sochi, where speeches by putin, medvedev and others were planned. There are even letters from medvedev to putin in which he insists that coordination of activities on these courts with "Alternative" should continue on a regular basis. Last year alone, two of its MEPs were convicted of taking bribes from russia. One of them received them directly from Medvedchuk, who coordinates this area from russia, while the former press secretary of the Ukrainian Ministry of Foreign Affairs, voloshyn, is responsible for the technical work.
In recent months, the German publications "Bild" and "Welt" have frequently published articles on the topic of "Nord Stream". Moreover, this entire group of individuals is closely connected to Medvedchuk's electronic media in Europe. It is a very extensive network operating in various European countries, but it is particularly prominent in Germany thanks to "Alternative". It closely monitors the court proceedings, exerts pressure on them and has serious influence and control there. It should be understood that Germany is a federal state. Therefore, there is not so much a legal as a political subtext here. Even Merz made relevant statements in this regard, and the current Foreign Minister Wadephul said directly that they support the Polish court's decision on Zhuravlev. But there are also state parliaments and ranks that also have influence. That is, their central government is on the side of Ukraine, but the federal states have autonomous laws. And then there is the political aspect. The situation is such that both the Socialists and "Alternative for Germany" are "in the saddle" and they dictate the situation there in many ways. Moscow is taking advantage of this. In fact, all the operational work is being done from there. In other words, the Russians are conducting the trial through the "hands" of the Germans.
From the point of view of evidence, the material in this case is very raw. And at the level of international law, "Nord Stream" is a legitimate military target, and Ukraine cannot be held responsible in any way. There is no crime here, because in September 2022 we were in a state of active war with Russia. Therefore, anything that finances its military "machine" is a legitimate military target. A country that is defending itself has every right to strike such a military target. Just as Ukraine is now destroying their oil refineries, oil tankers, etc. These are legitimate military targets, no matter what anyone says. Therefore, I repeat, there can be no claims against Kuznetsov and Zhuravlev from the point of view of international law. Even if they did it. But their guilt has not even been proven! The materials submitted for their extradition did not contain any evidence at all. And the Poles correctly pointed out: due to insufficient arguments, evidence and given that the countries were at war at that time, Zhuravlev should be released. Therefore, the same can be done in Kuznetsov's case even now. Remember the situation when Avakov fought for Markov. In essence, he saved him. The same could happen with Kuznetsov. He could have been taken from Italy. And Meloni was ready to make that decision. It's just that no one at the official level dealt with this. In fact, even the relations between Zelenskyy and Meloni were sufficient. And now he can be brought out of Germany. But for this to happen, Zelenskyy simply needs to take up the issue. It can even be done at the level of the Foreign Ministry. But no one will raise it on their own because there has been no call from above. But if the ambassador wanted to and started working on it, he would decide everything on his own. Even without a decision from the president. Everything is clear here, because the law is on Ukraine's side, and work can be done in this direction. And if the head of state is willing, then there will be no problems at all. Because it doesn't really matter whether Kuznetsov is guilty or not. He is a citizen of Ukraine, and he must be saved. And even if he is to be tried, it should be in Ukraine. We already have to figure out how to assess this.
P.S.: On 3 December, "Censor.NET" sent a request to the Ukrainian Foreign Ministry with questions about the situation with Serhii Kuznetsov in order to clarify the state's position, but as of 11 December, no response had been received.
Olha Moskaliuk, "Censor.NET"
