Nord Stream trial opens in Germany, defense seeks dismissal

Serhii Kuznietsov is accused of attacking civilian infrastructure in the 2022 sabotage of the Russian gas pipeline to Germany. His lawyers called Nord Stream a military target, and said their client is sworn to secrecy.

The trial of a former Ukrainian special forces officer, Serhii Kuznietsov, opened in the northern German city of Hamburg on Wednesday amid considerable public and press interest. 

Kuznietsov is accused of masterminding the September 2022 sabotage operation that put the undersea Nord Stream 1 and 2 gas pipelines linking Russian to Germany out of action. The pipelines remain inactive four years later, with no sign of plans to ever reactivate them as Russia's full-scale invasion of Ukraine heads into its fifth winter. 

Prosecutors accuse the Ukrainian of participation in a war crime by targeting civilian infrastructure, but his defense lawyers on Wednesday argued that the case should be dismissed entirely on multiple grounds. 

What did Kuznietsov's lawyers say on opening day? 

A team of three lawyers representing Kuznietsov questioned the premise of the trial in court. 

One of Kuznietsov's lawyers, Nicola Canestrini, argued that it was not valid to try the officer on war crimes charges for an attack on civilian infrastructure.

He argued that the pipeline, which provided half of Germany's natural gas imports prior to Russia's 2022 invasion of Ukraine, was ultimately a "Russian weapon," given the importance of energy revenues for funding Moscow's military.

"Is it unlawful to destroy an aggressor's infrastructure without harming any human beings?" Canestrini asked the court. 

After the charges were read out, the judge asked Kuznietsov if he wanted to comment, and he said that he did not. 

His lawyers argue that this silence extends beyond not speaking in court and say this should be the main grounds for dismissal.

They say Kuznietsov is sworn to secrecy by his home government in Ukraine and so is unable to discuss his case or potential exonerating evidence with anyone, including his legal representatives. 

"He is not permitted to speak. His two immediate superiors told him that he does not have authorization to make any statements — not even to his lawyers," defense attorney Jes Meyer-Lohkamp told the court. In German law, Meyer-Lohkamp argued: "Anyone who cannot speak out cannot be convicted." 

What was the mood in court in Hamburg? 

DW's Matthew Moore was on hand in the court in northern Germany on Wednesday. 

There is huge interest in this court case, Moore reported. No sooner had the court doors opened at 07:30 local time in Hamburg than the first journalists, observers and protesters began arriving.

A small pro-Ukraine protest held up a banner saying, "Russia is a terrorist." One participant from Germany told Moore they wanted to remind the world of "the war crimes taking place against the Ukrainian people."

Inside, a Ukrainian student told DW that he and others had made the journey from Kyiv to show support for the defendant, Serhii Kuznietsov.

"Serhii Kuznietsov is a hero," the student said. In the eyes of the German prosecutors, it is another matter. They accuse him of carrying out a war crime. If found guilty of his part in the gas pipeline bombing, Kuznietsov faces a lengthy prison sentence.

Geramny's Wadephul: 'We will deal with any outcome' 

The case has been highly politically awkward for Germany — a staunch supporter of Ukraine despite investigators pursuing a trail that led to Kuznietsov and other suspects. 

Ukraine's President Volodymyr Zelenskyy has repeatedly denied any Ukrainian involvement in the operation, and had also resisted Kuznietsov's extradition to Germany after his arrest in Italy last year, arguing that there was no case to answer. 

German Foreign Minister Johann Wadephul declined to comment on the trial on Wednesday, saying that the most important thing for now was for the case to proceed with no political interference or restrictions. 

"We will deal with any outcome, and we will, of course, take it into account in our political calculations," he told a press conference in Berlin. 

Court dates for the trial are currently scheduled through February of next year but this could be subject to change in either direction. 

With additional reporting from DW's Matthew Moore in Hamburg. 

Edited by: Wesley Dockery

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