Italy Denies Ukraine's Request to Extradite Former Lawmaker Nesterenko: Court Cites Risks
An Italian court has denied Ukraine’s request to extradite former Member of Parliament and businessman Vadym Nesterenko, whom Ukrainian law enforcement authorities suspect of fraud. The decision was based on concerns regarding the protection of his rights should he be returned to Ukraine.
Vadym Nesterenko is a former lawmaker from the party of former President Petro Poroshenko and the president of Ristone Holdings, a major agricultural company that cultivates nearly 100,000 hectares of land in the Dnipropetrovsk region. Ristone Holdings is one of Ukraine’s largest agricultural producers. The holding company comprises dozens of enterprises, employs about 5,000 people, and operates in the fields of crop production, livestock farming, grain processing, and food production. The company also states that it implements social programs for employees and supports local communities, as well as cultural and sports projects.
After the outbreak of full-scale war, Nesterenko moved with his family to Cyprus.
On October 21 of last year, Nesterenko was detained at the Hilton Hotel in Rome at the request of Ukrainian authorities. He was initially held at the Rebibbia Prison and later transferred to house arrest at a private villa in Rome.
Ukraine submitted an official extradition request to Italy. Italian Minister of Justice Carlo Nordio supported the procedure and forwarded the relevant petition to the Rome Court of Appeals.
However, on March 16, the Fourth Section of the Rome Court of Appeals denied the request to extradite the Ukrainian national and ordered his release.
Why Italy Refused
The court cited several reasons for refusing extradition:
• Martial law is in effect in Ukraine, which, in the court’s view, may not fully guarantee procedural rights and the protection of fundamental freedoms;
• there are concerns regarding the conditions of detention at the Lviv pretrial detention center, which could be considered inhuman or degrading treatment;
• the court expressed doubts regarding the impartiality of the case’s consideration by Ukrainian anti-corruption authorities;
• it was also noted that the criminal prosecution may be taking place in a political context, as Nesterenko is a representative of political forces opposed to the current government.
What is Nesterenko suspected of?
According to the Italian publication, Ukrainian law enforcement agencies suspect Nesterenko of fraud. The case involves the use of public funds to pay for hotel accommodations totaling approximately 14,000 euros. The publication notes that these funds have already been reimbursed.
The Italian court’s decision may become the subject of diplomatic discussions between Kyiv and Rome, as Italy continues to support Ukraine with military and financial aid but, in this case, refused to comply with the extradition request.
Important: The reasons cited represent the position of the Rome Court of Appeals as set forth in its ruling and are based on a report by *Il Fatto Quotidiano*. They do not constitute established facts regarding the state of the justice system in Ukraine, but rather reflect the reasoning on which the court based its decision.
This is reported by the Italian publication *Il Fatto Quotidiano*.
As a reminder, Poland submitted a request to the U.S. for the extradition of former Justice Minister Ziobro.
Poland exchanged Russian archaeologist Butyagin, who was awaiting extradition to Ukraine, for the journalist.
The High Anti-Corruption Court approved the extradition of former PrivatBank head Oleksandr Dubilet.
