Media find out why Austria refused to extradite Firtash to the US
Ukrainian businessman Dmytro Firtash was not extradited to the United States due to diplomatic immunity related to his status as an adviser to the Permanent Mission of Belarus to the United Nations Industrial Development Organisation in Vienna. This was reported by the Austrian news agency APA with reference to the decision of the Vienna Land Court.
On 4 November 2024, the court concluded that Firtash has enjoyed absolute diplomatic immunity since the relevant notes were sent in 2021. It was then that the Belarusian side notified UNIDO and the Austrian Foreign Ministry of Firtash's designation as a diplomat. The extradition procedure to the US lasted almost seven years.
At the same time, UNIDO and the Austrian Foreign Ministry did not grant Firtash official accreditation and diplomatic credentials. The Austrian Foreign Ministry emphasised that under the agreement on the UNIDO headquarters, there is no obligation to grant immunity to persons without proper accreditation, and Firtash's activities in the country may have signs of personal benefit.
Nevertheless, the court recognised that the host state does not have a decisive influence on the availability of diplomatic immunity if it is granted by another state. The court did not accept the Foreign Ministry's arguments about the risk of Austria becoming a safe haven for international criminals.
The agency notes that Firtash's immunity is not unconditional and can be revoked by the Belarusian side at any time. In addition, the legality of his appointment remains an open question, as according to Belarusian law, only citizens of this country can be diplomats, while Firtash, according to official data, retains Ukrainian citizenship.
