The German Federal Constitutional Court has granted the appeal against the extradition of a person, identifying as non-binary, with German citizenship to Hungary.
The Berlin Higher Regional Court had not “sufficiently fulfilled its duty to fully elucidate the circumstances of the case that are relevant to the surrender” the Karlsruhe judges stated on Thursday. “In particular, it did not sufficiently clarify the detention circumstances that the applicant could expect in Hungary.”
The person extradited to Hungary is accused of being involved in a right-wing extremist group and of attacking sympathizers in Budapest in February 2023. In December 2023, the person was arrested in Berlin. On June 27, 2024, the Higher Regional Court declared the extradition to Hungary lawful. The Federal Constitutional Court, by a decision of June 28, 2024, had temporarily blocked the handover of the person to Hungarian authorities. However, the person was still handed over to Hungarian authorities before the temporary order was issued.
The person, who was arrested, has filed a constitutional complaint against their extradition, citing, among other things, a violation of their right under Article 4 of the Charter of Fundamental Rights of the European Union (CFREU). Their lawyer criticizes the detention conditions in Hungary, including the fact that they are in solitary confinement. In the event of a conviction, they could face up to 24 years in prison, significantly more than in Germany.