On 19 December the court of Appeal of Vienna rejected Spain’s extradition to the law enforcement authorities of the country of Ukrainian businessman Dmitry Firtash, according to local newspaper Kronen Zeitung.
It is noted that the decision is final. The court of appeal of Vienna confirmed the decision of the Land court of Vienna for criminal matters.
In Spain Firtash is accused of money laundering and belonging to a criminal organization.
The judge of the court of Appeal of Vienna Reinhard Hinger felt that the warrant for the arrest of a businessman not enough information about his crimes, writes local newspaper Kurier. He said that the document is only a statement that Firtash has a «close contact» and «trust relationship» with another suspect. Ginger, said that even the claim of money laundering is not supported by concrete action. He noted that in this regard there are insufficient grounds for extradition.
Ukrainian Internet-edition LB.ua writes that on December 14 the Supreme court of Austria has suspended the decision to extradite Firtash in the USA and sent a request about the legality of the decision on his extradition to the European Court of justice in Luxembourg. It is noted that the businessman will stay in Austria at least until receiving the verdict of the Luxembourg court.
Lawyer Firtash Dieter Bohmdorfer said LB.ua that the decision of the court of Appeal of Vienna is not appealable.
«The court decided to reject the Spanish request for extradition, because he does not meet the requirements for such documents for formal grounds or on the merits», – said the defender of the businessman.
Firtash was arrested March 12, 2014 in Vienna at the request of the Federal Bureau of investigation, the United States, since he is in Austria pending extradition to the United States. In America Firtash is suspected of bribing Indian authorities to obtain licenses for development of deposits of titanium.
In April 2015 the regional court of Vienna rejected the US request for extradition of Ukrainian. The Prosecutor’s office challenged this decision, but for the period of consideration of the complaint, Firtash at the constitutional court in which he demanded to recognize the unconstitutionality of the extradition agreement between Austria and the United States, the appeal was suspended.
In August 2016 the Austrian constitutional court refused to consider the application Firtash. Thus, the court could consider the appeal of the Prosecutor of the court of first instance to refuse to extradite Firtash in the USA.
21 February 2017 the Higher regional court of Vienna admitted the extradition of Firtash in the USA.
In may this year the Prosecutor General of Ukraine Yuriy Lutsenko said that the GPU is not reported to Firtash on suspicion of any crime. The attorney General noted that the Prosecutor’s office is associated with belonging to Firtash companies business. «As of now the procedure, suspicion he not declared,» – said Lutsenko.
The Austrian court finally denied Spain’s extradition of Firtash 19.12.2017