The Court of Cassation annulled with postponement the choice with which the Court of Appeal had ordered the give up to Germany of Serhii Kuznietsovthe previous captain of the Ukrainian military arrested on a European warrant within the Rimini space on 21 August, accused of getting sabotaged the gasoline pipelines in September 2022 Nord Stream 1 e 2. The case should be re-evaluated by a brand new panel. During the listening to, the Attorney General requested for one of many causes for the protection’s enchantment to be accepted, lawyer Nicola Canestrini, on the inaccurate authorized classification of the details within the European arrest warrant.
«This error», explains the lawyer Canestrini, «had led to an infringement of my shopper’s proper to successfully take part in his personal trial, in violation of the ideas of truthful trial enshrined within the European Convention on Human Rights and European Union regulation. The Supreme Court shared this strategy, ordering the annulment with postponement. The causes for the choice will comply with in a couple of weeks.”
In light of what has been decided, the defender will evaluate in the next few days whether the conditions exist for requesting release, “for the reason that authorized foundation that supported the measure has ceased to exist. This resolution confirms that even in European prison judicial cooperation relationships, elementary rights and procedural ensures can by no means be sacrificed to motive of state. Neither effectivity nor political strain can justify the compression of the proper to a good trial: the rule of regulation exists solely the place rights prevail over energy”, continues the lawyer.
https://www.ilsole24ore.com/art/nord-stream-annullata-consegna-kuznietsov-germania-AHVcypBD