“The court dismissed all evidentiary motions,” said Tymoteusz Paprocki, the defense attorney representing the Ukrainian national accused by Germany of blowing up the Nord Stream pipelines. He added that the court would make its decision on Volodymyr Z.’s extradition to Germany later on Friday, October 17.
“We will likely learn today the decision of the court of first instance regarding the legal admissibility of Volodymyr Z.’s extradition to the German side,” said Tymoteusz Paprocki, the Ukrainian’s defense lawyer, speaking to reporters after leaving the courtroom.
He also informed that the court had reviewed the parties’ positions and submitted motions. “The court dismissed all evidentiary motions filed in this case,“ emphasized Paprocki. He added that, in the court’s view, “the legal provisions binding on Poland, both domestic and international, are sufficient to make a substantive decision and issue a ruling in this matter.“
Defense strategy
The defense raised two arguments for why Volodymyr Z. cannot be extradited to Germany.
“In the opinion of the defendant and his defense team, Volodymyr Z. will not receive a fair trial in Germany,” the attorney argued. He justified this by claiming that the German judiciary is not independent and that “judges in Germany do not enjoy material immunity.” Paprocki explained this by referring to a 2021 case in which a judge was convicted for a verdict he had issued. “In Germany, judges may be held criminally liable for the rulings they make,” he reminded. “We must take into account that a Ukrainian citizen is being pursued by Germany for destroying Germany’s critical infrastructure, which belonged to Russia and financed the war. Nevertheless, Germany continues to uphold this European Arrest Warrant (ENA), even though it could have been withdrawn,” stressed Paprocki.
The second argument raised by the defense concerned functional immunity. Paprocki explained that during an ongoing war, actions aimed at weakening the aggressor’s military capability are carried out not only by armed forces and the military but also by civilians. Paradoxically, functional immunity was a concept developed by the Germans themselves, particularly after World War II.