Austrian Court Denies U.S. Extradition Request for Dmytro Firtash

Vienna Court Denies Extradition of Ukrainian Businessman to the U.S.

In a significant decision, an Austrian appeals court in Vienna has declined the United States’ request to extradite Ukrainian businessman Dmytro Firtash. This development is part of an enduring legal case involving allegations of corruption through a bribery scheme in India.

The Vienna high regional court’s decision, which was announced on December 10, upheld a previous verdict made by a lower court last year. The court deemed the extradition request “inadmissible because of immunity under international law.” The immunity claim stems from Firtash’s past role as a representative of Belarus to international institutions in Vienna.

Firtash faces a U.S. indictment accusing him of plotting to bribe Indian officials to secure mining rights for titanium, a crucial component in jet engine manufacturing. Despite these accusations, Firtash has consistently denied any wrongdoing.

Legal expert Robert Kert from the Institute for Austrian and European Economic Criminal Law described the ruling as a procedural formality, following the lower court’s decision. Kert mentioned, “I have the impression the interest in seeing Mr. Firtash extradited is not that big,” during a phone interview on Monday.

The legal journey for Firtash began in 2014 when he was arrested in Austria and subsequently released on a 125 million euro ($131 million) bail. Initially, a Vienna court opposed his extradition, labeling the U.S. indictment as politically motivated. However, this rationale was overruled by a higher court in 2017 and upheld by Austria’s Supreme Court of Justice in 2019.

Six years ago, a federal judge in Chicago refused to dismiss the indictment against Firtash, arguing that the conspiracy had implications for a Chicago-based company, thereby granting the U.S. jurisdiction over the alleged crimes in India.

While American aerospace giant Boeing, headquartered in Chicago, acknowledged considering business with Firtash, it did not proceed, and the company has not been implicated in any misconduct.