The case of Serhiy Kuznetsov: why this is a story about the dignity and duty of the state

I am writing this text at a time when the fate of Ukrainian soldier Serhiy Kuznetsov is being decided far from home, in an Italian prison and Italian courts. This is a case that combines the personal history of the Ukrainian defender, the brutality of Russian aggression against Ukraine, and the investigation into the undermining of the Nord Stream gas pipelines, which is extremely sensitive for all of Europe.

At the request of Germany, Sergey was detained in Italy in August 2025, when he was there with his family on vacation. The German investigation suspects him of participation in the operation, during which in September 2022, in the Baltic Sea, two strands of “Nord Stream-1” and one of “Nord Stream-2” were blown up. In his comments and letters, Serhiy himself categorically denies guilt and emphasizes that he was in Ukraine on the day of the explosions, performing military duties. Today, he is being held in a high-security prison in the city of Ferrara and is awaiting the final decisions of the Italian courts regarding his extradition to Germany.

In this text, I will not evaluate the version of the German investigation and I will not decide who is right in the criminal case – this is exclusively the competence of the court.

Advertising:

My task as the Ombudsman is different: to do everything possible so that a citizen of Ukraine, a military serviceman, even thousands of kilometers from his homeland, has guaranteed rights, human dignity and a fair trial.

Serhii Kuznetsov’s case is about whether the state is capable of protecting each of its military personnel, no matter where they are.

Starvation that set the system in motion At the end of October, Serhii went on hunger strike, protesting against the conditions of detention: the lack of a proper diet taking into account the state of health, limited access to medicine, information and contact with his family, as well as humiliation. During the hunger strike, he lost a lot of weight.

When his condition became critical, I publicly announced it, contacted Italian ombudsman colleagues and relevant institutions, and informed international partners. This pressure worked: the Italian side provided guarantees of improving conditions and respecting basic rights, after which Serhiy stopped his hunger strike. This was reported both by the Office of the Ombudsman of Ukraine and by Ukrainian and international media.

I do not romanticize starvation as a tool of struggle – it is always a huge risk to life. But this move by Serhiy became a marker of the fact that the system of handling him in Italy was brought to the limit, beyond which it remained either to break down silently or to shout to the whole world. He chose the second. Our duty is to make sure that this cry is not followed by silence.

Meeting with Serhiy’s wife: that’s how this story became personal for me I learned about Serhii not only from official documents and publications. At some point, his wife Halyna turned to me. She came not as a participant in a “high-profile international case”, but as the wife of a military man who has been behind bars in another country for months, is losing health and has limited opportunities to defend himself.

There was something in her words that no legal wording could convey: anxiety for her husband’s life, fatigue from endless bureaucracy, a feeling that time was working against him, and at the same time – a belief that the state had no right to leave their family alone. It was after this meeting that I took the situation with Serhiy Kuznetsov under personal control as the Ombudsman of Ukraine.

I clearly outlined the framework: we do not interfere with the independence of justice, we do not replace the court and we do not write decisions for it. Instead, we have the right and duty to demand respect for basic human rights, adequate housing, access to health care, lawyers, information and family. And I promised Serhiy’s wife that we will use all national and international mechanisms provided for by law, so that her husband does not remain alone in this story.

What has already been done: the position of the state and the work of my team The first steps were aimed at ensuring that the state of Ukraine clearly, officially and publicly declared: we are monitoring this case and demand respect for the rights of our military personnel. Official letters were sent on my behalf to the Ministry of Foreign Affairs of Ukraine, the Ministry of Justice of Italy, the Vice-President of the European Parliament Pina Picerno, the Ombudsman of Italy and the Lazio region Marino Fardelli, as well as to the National Guarantor of the Rights of Persons Deprived of Personal Freedom in Italy. In these appeals, we insist that Serhiy’s detention conditions must meet international standards and the Convention on the Protection of Human Rights and Fundamental Freedoms.

A key step that is important to mention separately: in a letter to the Bologna court, I officially confirmed for the first time on behalf of the state that Serhii Kuznetsov was serving in the Armed Forces of Ukraine at the time of the Nord Stream explosions. This means that he is covered by the protection provided by international humanitarian law, in particular the Geneva Convention on the Treatment of Prisoners of War and the norms on the functional immunity of military personnel in time of war.

For systematic and permanent work directly in Italy, I engaged my advisor Oleksandr Horodetskyi, who is well known by the Ukrainian community in this country as a human rights defender. He participates in public actions in support of Serhii, communicates with the Italian authorities, personally delivered my letter to the Italian Ministry of Justice, and also maintains contact with the family and lawyers.

The next task was to obtain official admission of my representative to the place of Serhiy’s detention. The Bologna Court of Appeal agreed to grant such permission, and the Italian prosecutor signed a document allowing the Ombudsman’s adviser to visit the Ukrainian soldier in the Ferrara prison during a clearly defined period.

Counselor’s visit to the prison: four hours of talk and concrete changes My adviser’s visit to Serhiy in the maximum security prison in Ferrari lasted almost four hours. It was not a formal “check from the corridor”, but a full-fledged tete-a-tete meeting, during which Sergey described in detail the conditions of detention, his health, his experience of interaction with the prison administration and the court, and also outlined the key problems. He personally filled out our questionnaire, which we use to document possible human rights violations. Separately, Serhii asked not to publish his signature – and we respect this request, because our goal is not a picture for social networks, but real protection.

As a result of this visit and our intervention, it was possible to achieve real practical changes. Serhiy was transferred to another cell, where the issue of passive smoking was resolved: now he is not forced to constantly breathe tobacco smoke, which is critically important for his health. Nutrition was improved, in particular, foods were added to the diet that corresponded to his condition and eating habits (for example, beans as a source of protein). He got access to the gym: the attendance regime still needs to be stabilized, but the very fact of the possibility of physical activity in prison conditions is already an important step forward.

At the same time, part of our requests to Admi The management of the prison has not been satisfactory yet: in particular, we were not allowed to photograph Serhiy, and therefore I cannot show the public what he looks like now. Instead, it was possible to expand the possibilities of communication with his family: Sergey is allowed up to two hours of contact with his wife – this is a completely different level of support than the short and rare contacts that were discussed earlier.

We gave Serhiy two publications about him, in particular, a thorough material from the Ukrainian media about his biography and the details of the case. For a person who has been in prison in another country for months, this is an important signal: they know about you, your name has not disappeared from the information field, not only your relatives and several lawyers are fighting for you.

I would like to note two more points. First, the court stopped using the word “terrorist” in relation to Serhiy until the verdict was passed. This is fundamental: as long as there is no court decision, the presumption of innocence applies, and sticking such labels is inadmissible.

Secondly, according to my adviser, Serhii is now in a much more positive mood ahead of the court hearing: he sees real changes after our intervention and understands that not only his family is behind him, but also the state of Ukraine. He even wrote a letter of thanks to my address. For me, this is an important human sign that our work is tangible.

However, the problems did not disappear. Serhii said that there are difficulties in obtaining the necessary military documents from the Ministry of Defense of Ukraine – those that confirm his status, service, and location at the time of the events and can become key evidence in foreign courts. He also asks for help in ensuring access to news and information sources in order to have an objective picture of what is happening in Ukraine and the world. I have already made both of these issues a separate focus of my institution’s work.

Trial on November 19: another test for justice Serhiy’s court history in Italy has already gone through a whole cycle. Initially, the court in Bologna allowed the extradition to Germany, later the Italian Court of Cassation overturned this decision, recognizing that the European arrest warrant had mischaracterized the facts. After that, the court in Bologna allowed the extradition again, and the defense filed a new cassation appeal.

Now, on November 19 in Rome, the Italian Supreme Court of Cassation will consider this next appeal. The decision of this court will depend on whether the way to the extradition of Serhiy Kuznetsov to Germany will be opened, or whether the case will be returned for a new trial. In fact, this is a test for the justice system of one of the leading European countries: to what extent it is able to combine the fulfillment of international obligations with the real protection of human rights and taking into account the context – the full-scale war of Russia against Ukraine and the status of the accused as a military serviceman.

I sincerely wanted to be in the court in Rome that day in person, next to my adviser, lawyers, representatives of the Ukrainian community who support Serhii. But already on November 20, I have to take part in an international event dedicated to the release and protection of Ukrainian children illegally deported by Russia. This is another, but equally important front of our struggle. It is impossible to physically combine these two events.

At the same time, this does not mean that on November 19 I will be “far away” from Serhiy’s case. My representative will be in court, we will have constant communication, and the entire team of the institution is preparing for a quick reaction to any decision – both in legal, public and international dimensions. We will literally keep our fists together with the family, lawyers, the Ukrainian community in Italy and everyone who supports Serhiy.

We will continue the fight for Serhiy – and for every Ukrainian Regardless of what the court’s decision will be on November 19, I want to say absolutely clearly: our work will not end today. If the decision is favorable to Serhiy, we will focus on ensuring that it is properly implemented, that his conditions of detention continue to meet standards, that he receives medical care and that his family is supported and able to return to a normal life.

If the decision is negative, it will not mean a defeat, but a transition to a new stage of struggle – already in a different jurisdiction, with different tools, but with the same goal: to protect the Ukrainian military, his dignity and rights. We will work together with lawyers, diplomats, international partners, human rights organizations – wherever we can strengthen the position of Serhiy Kuznetsov and his defense.

Serhiy’s case is a specific story of a specific person. But at the same time, this is a test for the state of Ukraine: are we able, fighting at the front, not to forget about each of our citizens who are in trouble abroad. I consider this case as part of the larger mission of the Ombudsman institution: we will fight for all our heroes, for every military person, for every illegally imprisoned or persecuted person, for every child kidnapped by the occupiers, just as consistently.

These are not loud slogans, but daily work – in courts, in international organizations, in negotiations, in correspondence and in very human conversations with those who need support the most today. I will do everything in my power so that no Ukrainian, wherever he is, is left alone with injustice.

Dmytro Lubinets

A column is a type of material that reflects exclusively the point of view of the author. It does not claim objectivity and comprehensive coverage of the topic in question. The point of view of the editors of “Economic Pravda” and “Ukrainian Pravda” may not coincide with the author’s point of view. The editors are not responsible for the reliability and interpretation of the given information and perform exclusively the role of a carrier.