Convention on the Treatment of Prisoners of War applies to Kuznetsov – Ombudsman's Office

Ukrainian Sergiy Kuznetsov, who is suspected of involvement in the explosions at Nord Stream, was serving in the Armed Forces of Ukraine at the time of the incriminated events, so he should be protected by the Geneva Conventions. About LIGA.net the secretariat of the Ukrainian Parliament Commissioner for Human Rights said in response to the request.

The agency noted that Germany, to which the Ukrainian was extradited, is a party to key international human rights treaties, and is therefore obliged to ensure compliance with the standards of a fair trial, the prohibition of torture and inhuman or degrading treatment, as well as other fundamental rights.

"At the same time, given the complexity and high-profile nature of the criminal proceedings, the Commissioner's Office sees the need to closely monitor the observance of Kuznetsov's rights," the response reads.

The Ombudsman's Office mentioned the conditions of detention, access to a lawyer and an interpreter, a real opportunity to defend their rights in court, and the ability to maintain contact with their families.

The fact that Kuznetsov was serving in the Armed Forces of Ukraine at the time of the incriminated events is noted separately, so he should be protected by the III Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, as well as Article 75 of Additional Protocol I of 1977 to the Geneva Conventions.

"At the same time, Ukraine does not question the competence of the judicial authorities of foreign countries or the legal nature of the relevant proceedings, but emphasizes that Kuznetsov's military status at the time of the incriminated events necessitates special attention to the humanitarian aspects of this case," the response reads.

In addition, the Ombudsman's office interacts with Kuznetsov's lawyers, Ukrainian diplomatic missions, German partners and human rights activists. There is also contact with the Ukrainian's family, which makes it possible to quickly obtain information about rights violations.

On the evening of November 27, the Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets confirmed Kuznetsov was extradited from Italy to Germany.

He said that he had officially asked a colleague from the German human rights institution to pay special attention to this case and monitor the observance of Kuznetsov's rights after his arrival in Germany.

Lubinets also sent an appeal to the Federal Prosecutor's Office of Germany to ensure the most impartial, reasoned and objective investigation and subsequent prosecution – without political labels and pressure, based solely on evidence and within the rule of law.

• Kuznetsov was arrested on August 21 in Italy. He is accused of participating in the bombing of the Nord Stream gas pipeline. The Italian Court of Appeal upheld extradition of a Ukrainian suspect to Germany.
• November 19, the Court of Cassation rejected the appeal and upheld his extradition to Germany.