IZMIR, Türkiye

Finland’s Supreme Court ruled Friday to release a Russian militant from custody who is wanted in Ukraine for allegedly committing war crimes. 

Ukraine had requested the extradition of Yan Petrovsky, a founding member of the neo-Nazi Rusich military group, from Finland, where he had earlier applied for asylum under the name Voislav Torden.

Petrovsky and his associates have been accused of killing and torturing Ukrainian military personnel.

The Ministry of Justice, based on the Supreme Court’s ruling, will soon likely decide that Petrovsky will not be extradited to Ukraine.

Petrovsky's lawyer, Natalia Malgina, told Finnish broadcaster Yle that the ministry would have already made a decision on the matter.

But government advisor Sirpa Varpasuo from the Ministry of Justice said the decision cannot be made in such a short time and their judgement will be granted later.

Varpasuo said that generally speaking, the Ministry of Justice is bound by the Supreme Court’s position and an extradition cannot be carried out contrary to the court’s decision.

Deputy Judge Heikki Lampela, who was assigned as a defender for Petrovsky by the district court, said his client was released from Vantaa Prison on Friday afternoon.

Lampela informed Petrovsky about the court’s decision. He was visibly relieved by the decision and the fact that the Supreme Court turned out to be an independent institution.

According to Lampela, his client left the prison escorted by members of the Finnish Border Guard.

“Now let's see how the situation progresses. I can't comment further on the matter,” Lampela told Yle, noting that more information may be available in a few days.

Malgina said Petrovsky has a valid residence permit in Finland based on his wife's studies. She said she cannot say what will happen after his release because the court’s ruling came as a surprise. It had been expected to be given after Christmas at the earliest.

She said her client has applied for asylum in Finland, but the processing is still in progress.

According to the Supreme Court's decision, there are no reasons for keeping Petrovsky in custody to ensure possible extradition.

It was ordered by the court for the suspect to be released immediately, unless there is another reason for keeping him imprisoned.

The Supreme Court considers that there is a real danger that Petrovsky will be placed in a prison in Ukraine where the conditions do not meet the requirements of humane treatment required by the European Convention on Human Rights.

Ukrainian authorities have announced that the preliminary investigation and trial in Petrovsky's case would be carried out in the Dnipropetrovsk region and he would be placed in the nearest remand prison.

The Supreme Court considers the fact that the request for extradition has brought up the possibility of placing Petrovsky in another remand prison that is located further away from combat operations is not of essential importance in the evaluation of the case.

In several decisions, the European Court of Human Rights has stated that prison conditions in Ukraine violate the Human Rights Convention due to overcrowding and various material deficiencies.

The Supreme Court refers not only to the decision-making practice of the European Court of Human Rights but also to the decision of the Swedish Supreme Court in October, in which it considered that there was an obstacle to the extradition of a criminal suspect to Ukraine.

Reports on the human rights situation in Ukraine say that prison conditions there have further deteriorated during the war and may pose a threat to life and health.

In addition, there have been reports of torture and violence against those who are suspected of collaborating with Russia.

The former commander of the notorious Russian group was arrested in July at the Finland’s Helsinki-Vantaa Airport on suspicion of participating in the activities of a terrorist group and otherwise supporting the activities of a terrorist group.

His previous identity was revealed with the help of the Border Guard's intelligence unit and facial comparison. Torden is on the EU sanctions list under the name Yan Petrovsky and was banned from entering Finland.