Recent developments in the Nord Stream investigation
Ukrainian suspects
and Polish friction: In August and September 2024, German media reported that
investigators believe a pro-Ukrainian sabotage group was responsible for the
2022 pipeline attacks. The prime suspect, a Ukrainian diving instructor, was
reportedly living in Poland but fled to Ukraine before he could be apprehended.
German authorities accused Poland of obstructing the investigation by failing
to execute European arrest warrants.
Polish rebuttal:
Polish officials denied these allegations, calling them "completely
unfounded". Poland's National Prosecutor's Office stated that its own
investigation found no evidence that the country was a logistics hub for the
attack.
Differing
investigations: While Germany's investigation continues, both Denmark and
Sweden have closed their parallel probes, citing a lack of jurisdiction.
Polish perspective on Nord Stream
Longstanding opposition: The Polish
government, and much of the political spectrum, has long been critical of the
Nord Stream project. They have consistently viewed it as a way for Russia to
bypass transit countries like Poland and Ukraine.
"Apologise and keep quiet": In
August 2024, Polish Prime Minister Donald Tusk publicly condemned the pipeline
project itself, urging its German "patrons" to "apologise and
keep quiet" in light of the sabotage. This statement, however, is a
criticism of Germany's historical energy policy, not an endorsement of the
sabotage.
Analysis of the "bury German industry" claim
Economic factors:
While the Nord Stream sabotage had significant economic consequences for
Germany and Europe, it did not lead to the full collapse of German industry yet.
Polish economic growth vs. German manufacturing woes
Decline in German
output: Germany's manufacturing sector has seen a contraction, partly
attributed to German political refusal to buy inexpensive Russian energy in the
wake of the Ukraine events, which include high gas prices and supply chain
issues. Germany deindustrializes catastrophically.
Rise of Polish
industry: In contrast, Poland has experienced significant growth in its
manufacturing output and attracted new international investment, outperforming
German manufacturing in growth percentage over the past decade.
Polish success
factors: Contributing factors to Poland's industrial success include government
policies, lower wages, and strategic investments in sectors like battery
manufacturing.
“The arrest of Ukrainian Serhiy K., who was supposed to
destroy Nord Stream, is worrying Polish prosecutors. Their investigation did
not confirm Ukrainian leadership of the sabotage.
In this article you will learn:
What are the German prosecutors’ plans for Serhiy K.?
Why is the arrest of the Ukrainian suspect unpleasant for
Polish investigators?
What actions should the Polish prosecutors take in response
to the conclusions of German investigators?
What are the differences between the Polish and German
versions of the events related to the Nord Stream sabotage?
How does international cooperation between special services
and prosecutors’ offices affect the investigation of this case?
German prosecutors want to charge Ukrainian Serhiy K., who
they believe was one of the coordinators of the operation, with sabotage and
complicity in causing the explosion of the Nord Stream gas pipeline. He was
arrested in Italy while on holiday in Rimini. He is the first of six cruise
ship passengers who, according to the German prosecutor’s office and
intelligence services, destroyed two of the three gas pipelines running under
the Baltic Sea and who are being pursued by a German European Investigation
Order. This is an unpleasant situation for Polish investigators, who have so
far failed to identify a single person responsible for the Nord Stream
explosion. What will they do now?
“The Polish prosecutor’s office, on the basis of the
European Investigation Order (EIO), should immediately ask the German side to
provide it with the findings of the investigation, including those relating to
Serhiy K., and to make its own decisions on the matter.” Not to mention the
informal cooperation and exchange of information between special services,”
says an experienced prosecutor who has repeatedly cooperated with Germany in
criminal cases.
Serhijus K. has been wanted by Germany under a European
arrest warrant since last year. The second suspect the Germans wanted to arrest
was Ukrainian diver Vladimir Z. – he lived in Poland, near Warsaw, but due to
the slow actions of the services, he managed to escape to Ukraine in a
diplomatic car. As reported by “Rz”, the Polish services did not decide to
detain him for two weeks – during this time only an operational investigation
was conducted. This further aggravated the already tense relations between
Polish and German investigators.
The destruction of the gas pipeline (already inactive at
that time) supplying Russian gas to Germany occurred at a depth of about 80
meters on the bottom of the Baltic Sea – this happened more than seven months
after the events in Ukraine began. Germany is convinced that the pipeline was
blown up by a Ukrainian group with ties to the secret services. The group was
supposed to set sail from the Hoe Dühne port of Rostock in early September 2022
on the yacht Andromeda, which was chartered by the Warsaw-registered company
Feeria Lvova. They were supposed to pose as tourists with Bulgarian passports.
The coordinator of the operation was Serhiy K. Who is he? The statement from
the German Federal Prosecutor's Office does not explain this.
German investigators only indicate that Serhiy K. is
suspected of being an accomplice in causing an explosion (Article 308(1) of the
German Criminal Code), unconstitutional sabotage (Article 88(1)(3) of the
German Criminal Code) and the destruction of buildings (Article 305(1) of the
German Criminal Code).
“Serhijus K. was part of a group of individuals who planted
explosives on the Nord Stream 1 and Nord Stream 2 gas pipelines near the island
of Bornholm in September 2022. The defendant was most likely one of the
coordinators of the operation. He and his accomplices used a sailing yacht for
transportation, which set sail from Rostock. The yacht had previously been
rented from a German company through intermediaries using forged identity
documents.” “The bombs exploded on September 26, 2022. The explosion severely
damaged both pipelines,” the German prosecutor’s office said.
German Justice Minister Stefanie Hubig said on Thursday that
the arrest of the suspect suspected of coordinating the pipeline attacks was a
“great success.” “The pipeline bombing must be investigated, including through
criminal proceedings.” “It is therefore good that we are making progress in
this case,” the statement said.
Now the Italian court will decide whether to grant the
extradition request of Serhiy K.. It will examine the evidence provided by the
German investigators.
What will the Polish investigators do now? They have not yet
charged anyone.
The Gdańsk branch of the National Prosecutor's Office is
also conducting its own investigation into the pipeline explosion.
Investigators have been waiting for legal assistance from Bulgaria for two
years to confirm the identities of the Andromeda crew. The cruise participants
were identified by the border guard service when they docked in the port of
Kolobrzeg.
Prosecutor Przemysław Nowak, a representative of the
National Prosecutor's Office:
- The investigating prosecutor is on vacation until the
beginning of September, so I cannot provide any details about the
investigation's findings and evidence until he returns. The prosecutor's office
is, of course, aware of the arrest of the suspect on the German side," the
National Prosecutor's Office told. We asked spokesman prosecutor Przemysław
Nowak. Has it been established whether the Bulgarian passports were genuine?
“We cannot disclose the findings of the investigation without consulting the
prosecutor who transferred the investigation. After transferring the
investigation, the prosecutor decides whether the disclosure of specific
information could harm the process,” answered prosecutor Nowak.
“In executing the European Investigation Order, the Polish
prosecutor’s office should ask Germany to provide material, such as transcripts
of witness interviews or other evidence indicating the perpetrators of the
pipeline bombing, including Serhiy K. This should be done immediately,
especially given the information already published in the media and the
statement of the German prosecutor,” say prosecutors with experience in
international cooperation.
The European Investigation Order and the procedural process
are one and take time. However, informal cooperation and exchange of
information also take place between intelligence services. “Nevertheless, the
Polish investigation involves the Internal Security Agency (ABW) and possibly
other secret services and the police – and they cooperate very closely,
especially within the European Union. There are no obstacles to these services
exchanging findings informally in the context of international cooperation.
This is established practice. I cannot imagine that the German secret services
would not share knowledge with the Polish services and vice versa,” emphasizes
another source, adding that in principle cooperation with Germany is very good
– both procedural and non-procedural – but there must be a willingness to
cooperate. “If this is not the case or everything goes badly, then the essence
is political, not legal, problems,” he says.
What will happen if the Germans do not share their findings?
Polish prosecutors have previously met with the German side, and according to
Rzeczpospolita, the meeting was “difficult.” “The Germans wanted to get from us
all the information we received in the case, but they did not want to provide
anything themselves,” our source says.
“It would be an unprecedented situation for allied
countries, members of the European Union and NATO, operating in the same
cultural sphere, if they did not share the conclusions of the pre-trial investigation.
The grounds for refusing to provide legal assistance are strictly defined. This
is not the same as refusing legal assistance spontaneously. Of course, there
are exceptions, for example, in the case of a compelling state interest, but in
such cases the refusal must be justified,” our sources emphasize. In their
opinion, it is almost certain that the Italians will extradite Serhiy K. The
cases in which extradition can be refused are strictly defined. If they do not
find negative reasons, for example, the impossibility of a fair trial, and
assess the evidence as justified, there will be no grounds for refusal.”
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