On March 6, the District Court in Warsaw ruled to suspend Pavel Rubtsov's espionage trial due to his absence from Poland and his unlikely return to the country.
On March 11, the Polish National Public Prosecutor's Office appealed Judge Paweł du Château's decision, the daily Rzeczpospolita reported on Friday.
Judge du Château explained that the trial could not proceed without Rubtsov’s presence as Polish law requires the defendant to appear at least for the first hearing to provide a statement.
The court also said that, for now, no arrest warrant would be issued against Rubtsov, who has been charged with spying for Russia’s GRU military intelligence service.
"The Polish authorities’ decision to release the spy before trial - through a procedure unknown to Polish criminal law - has sparked enormous criticism," Rzeczpospolita said.
According to the newspaper, the prosecution service is arguing that "the court did not even attempt to summon the defendant" and that the judgement "is in Rubtsov’s interest."
Rzeczpospolita noted that the court’s decision follows a Russian-American spy swap agreement under which Poland agreed to hand Rubtsov over to Russia at the request of the United States.
The paper further reported that the court had asked the Polish Prime Minister’s Office and the defense ministry to clarify the conditions under which Rubtsov was transferred to Russia and whether he is allowed to re-enter Poland.
Legal experts question court’s rationale for suspending trial
If Rubtsov, also known as Pablo González, has been listed as an undesirable person in Poland or within the Schengen zone, he will not be permitted to enter the country.
Among those criticizing the court’s decision is former Justice Minister Zbigniew Ćwiąkalski.
He questions how the court determined that Rubtsov was no longer in Poland, emphasizing that such information should have been verified.
According to Ćwiąkalski, suspending the trial at this stage was premature.
(mp/gs)
Source: Rzeczpospolita/IAR/X/@rzeczpospolita
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