An appeals court in Belgrade has annulled a decision to extradite Belarusian journalist and political activist Andrey Hnyot (aka Andrew Gnyot) to Belarus, but the court said the case must be retried.
The decision of the High Court in Belgrade on Hnyot's extradition was made "based on an incomplete establishment of the facts, which led to a significant violation of criminal procedure rules," the Court of Appeals said in its ruling, which was published on its website on September 11.
Serbian authorities arrested Hnyot in October 2023 at the Belgrade airport on an Interpol warrant issued at the request of Belarusian authorities for alleged tax evasion.
He spent seven months in Belgrade Central Prison before being transferred to house arrest on June 5. The High Court in Belgrade on June 13 issued a ruling on the extradition that would send him back to Belarus, but the Court of Appeals reversed that.
The Court of Appeals said in its decision that the defense’s appeal "rightfully challenges the legality and correctness of the first-instance court’s decision."
The decision came after the Interpol warrant was revoked, but Hnyot remains in Belgrade under house arrest.
SEE ALSO: Belarusian Activist Awaits Serbian Verdict On His Extradition, 'Torture,' And 'Death'He told RFE/RL that while it is good news that he will not be extradited, his "prisoner" status has not changed.
"I am not given freedom. I am kept like a criminal in a home prison, and I am not guilty of anything. The Court of Appeals actually confirmed it," he said.
He said that while under house arrest, he is only allowed to leave his apartment for one hour a day and is unable to work and lead a normal life. He has had trouble paying his rent and buying food and medicine, he said, emphasizing that he lives off donations from supporters, as he has no savings.
The Court of Appeals' decision is "a very formal compromise solution, convenient for anyone but me," he said.
Hnyot describes the charges against him as "false," claiming it is part of a "systematic mechanism of persecuting" political opponents of the regime in Minsk.
Hnyot is one of thousands of Belarusian citizens who participated in mass protests in 2020 challenging the election victory of authoritarian leader Alyaksandr Lukashenka.
Hnyot is the founder of the Free Association of Athletes (SOS BY), which is considered an extremist organization in Belarus. In an open letter signed by more than 2,000 Belarusian athletes and sports representatives, SOS BY called for the annulment of the election, Lukashenka's resignation, and freedom for all arrested during the postelection protests.
The Court of Appeals said that the High Court provided "unacceptable reasons" and "unclear explanations" for the suspicion that Hnyot committed the criminal offense he is accused of in Belarus.
The Court of Appeals further stated that the first-instance ruling by the High Court claims that Hnyot committed a criminal offense in Belarus as if it were already a settled matter. This violated the presumption of innocence, which ultimately goes against Serbia’s legal order as the requested country.