Italy refuses extradition of Ukrainian businessman, citing human rights concerns

Rome – An Italian court's decision to block the extradition of a prominent Ukrainian businessman and former opposition politician has opened an unexpected point of friction between Rome and Kyiv, despite Italy's continued military, financial and humanitarian support for Ukraine in its defence against Russia's full scale invasion.

The case concerns Vadym Nesterenko, a businessman and former MP associated with the European Solidarity party of former president Petro Poroshenko. Ukrainian authorities accuse him of fraud linked to the alleged misuse of public funds to cover approximately €14,000 in hotel expenses while serving in public office. According to court documents, the money has since been repaid.

Nesterenko was arrested in Rome on Oct. 21 last year following a Ukrainian extradition request. He was initially held at Rome's Rebibbia prison before being transferred to house arrest in a private residence in the capital earlier this year.

Italy's Justice Minister Carlo Nordio formally transmitted Kyiv's extradition request to the Rome Court of Appeal, leaving the final decision to the judiciary under Italian law.

In March, however, the Fourth Criminal Section of the Rome Court of Appeal rejected the request, ruling that extradition could expose Nesterenko to violations of his fundamental rights.

The judges cited concerns over Ukraine's martial law, the country's detention conditions and the risk that the defendant would not receive a fair trial. The ruling referred to reports highlighting problems within the Ukrainian prison system, including facilities in Lviv, where inspectors have documented overcrowding, inadequate healthcare and security risks linked to Russia's continuing missile attacks.

The court also concluded that Ukraine had failed to provide sufficient guarantees that Nesterenko's rights would be adequately protected if extradited. It therefore ordered his release from house arrest.

The decision has reportedly disappointed Ukrainian officials, who have continued to press Italy to cooperate on the extradition request. Kyiv has argued that fighting corruption remains central to its domestic reform agenda and to its efforts to meet the standards required for eventual European Union membership.

At the same time, Ukraine has made significant progress in strengthening anti corruption institutions since the beginning of Russia's invasion, despite the immense pressures of wartime. European officials have repeatedly acknowledged these reforms while urging Kyiv to continue improving judicial independence, prison conditions and broader rule of law standards as part of the accession process.

The issue also surfaced during a meeting of the Italy Ukraine parliamentary cooperation group in the Chamber of Deputies on July 21, attended by members of the Ukrainian parliament and Ukraine's ambassador to Italy, Ihor Brusylo. During the meeting, League MP Simonetta Matone reaffirmed Italy's commitment to supporting Ukraine militarily and financially, while arguing that further reforms in the justice system and the protection of detainees' rights would strengthen Kyiv's European integration efforts.

Although the ruling does not alter Italy's firm political and military backing for Ukraine, it illustrates the independence of the Italian judiciary and highlights the legal challenges that can arise even between close partners during wartime.

PS