Extremism: attacks in Hungary – complaint against delivery successful

A German person from the left scene to Hungary has been inadmissible. The Federal Constitutional Court in Karlsruhe decided. It was not sufficiently checked which prison circumstances the person concerned, who identifies itself as a non-binary, expect in Hungary. (Az.: 2 BvR 1103/24)

Attacks on the “Honor Day”

The person is accused of being involved in attacks on actual or supposed right -wing extremists in February 2023 in Budapest. It is about attacks on the annual “Honor Day”. In this context, further investigations against alleged left -wing extremists are underway.

Germany delivered the person to Hungary last June – although the Federal Constitutional Court had temporarily prohibited this in an urgent decision. But the interim arrangement from Karlsruhe was just under an hour too late – the handover to the Hungarian authorities had already been handed over. Now the Federal Constitutional Court has mainly decided on the case.

Late circumstances in Hungary not sufficiently checked

The procedure is about a Jena born person who is known as “Maja” in the left scene. Her lawyer Sven Richwin criticizes, among other things, the prison conditions in Hungary. “Maja” seats in isolation.

The Federal Constitutional Court decided that the decision to deliver violated “Maja” in their fundamental rights. The Berlin Chamber Court, which had declared the transfer to Hungary to be permitted, did not sufficiently clarify how the prison circumstances in Hungary were – although the victims had pointed out defects in the judicial system. A warranty declaration by the Hungarian authorities, which the court had relied on, was kept too general.

Hope for relief relief

The Karlsruhe decision was legally “a great success,” said lawyer Richwin. Tragically, she will not easily lead “Maja” out of the insulation cell. He hoped that the Hungarian authorities will now grant at least relief.

The process should begin on February 21 in Budapest. The lawyer said that “Maja” was offered 14 years in prison against a confession without further negotiations. If “Maja” cannot be involved, the procedure could take years.

In the event of a conviction, even up to 24 years in prison – much more than in Germany could be threatened. Hungary has already promised that “Maja” would then be transferred back to Germany. Then the person could serve the punishment in Germany.

Signal effect for other procedures

In connection with the attacks in Budapest, other alleged left -wing extremists from Germany are investigated. The accused had been under -moving for a long time. In January, seven people faced the German authorities. According to an explanation of her lawyers, this was “voluntary, despite the impending delivery” in order to defend themselves against the accusations.

“The decision has a strong signal effect on the parallel procedures of other accused in the Budapest complex, which are currently threatened by delivery to Hungary,” said lawyer Richwin. The authorities should no longer follow any assurances from Hungary so easily.

Among other things, the accused are represented by the Leipzig lawyer Giulia Borsalino. Six of the seven people are currently in custody – and still exclusively on the basis of the German arrest warrants, Borsalino explained. “But since there are also Hungarian arrest warrants, this must be behaved at some point.” She also assumes that the Karlsruhe decision will have an impact on possibly upcoming extradition procedures.

Interim arrangement of the BVerfG