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Berlin authority justifies extradition date of non-binary person

The Public Prosecutor General's Office in Berlin has defended the timing of the extradition of a suspected left-wing extremist non-binary person to Hungary. The permanent representative of the public prosecutor general in Berlin, Simone Herberth, told the Committee for Constitutional and Legal...

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Berlin authority justifies extradition date of non-binary person

In light of these "threat scenarios", she assumes that the Saxon Criminal Police Office (LKA) decided on the early helicopter flight. Such a decision lies within the LKA's discretion, Herberth stated. The earliest flight was possible at 4:00 AM in the morning, so the person was picked up at the Justice Detention Facility in Dresden at around 2:00 AM.

The lawyer of the applicant, Sven Richwin, criticized the action that allegedly undermined effective legal protection. He filed an emergency application at the Federal Constitutional Court to stop the extradition to a country considered homophobic.

The decision reportedly reached the Berlin Public Prosecutor's Office by their own account at around 8:30 AM on a Friday morning, while the person had already been handed over to Austrian authorities for approximately one and a half hours for extradition.

The Berlin Regional Court had declared the extradition of the person permissible the day before. The Hungarian authorities accuse him of being a member of a criminal organization since 2017, with the goal of attacking right-wing extremists.

Concretely, the person is alleged to have participated in an attack in Budapest in February 2023 with serious bodily injuries, as Herberth stated. This includes significant head injuries caused by telescopic batons.

There are guarantees from the Hungarian authorities that the person will be returned to Germany for the execution of a possible prison sentence, Herberth added. The decision of the Regional Court took into account victim interests as well.

  1. The Office of the Public Prosecutor General in Berlin was informed about the decision at 8:30 AM on a Friday morning.
  2. Sven Richwin, the lawyer of the applicant, argued that the early helicopter flight to Dresden could potentially hinder adequate legal protection.
  3. The Authority in Hungary accuses the person of being involved in a criminal organization since 2017, aiming to target right-wing extremists.
  4. The Hungarian authorities have assured LKA Saxony that the individual will be returned to Germany for serving a potential prison sentence.
  5. The delivery of the person to Austrian authorities for extradition took place approximately one and a half hours after the decision from the Berlin Regional Court.
  6. The earliest possible helicopter flight was arranged by LKA Saxony at 4:00 AM, leading to the person's pickup from the Justice Detention Facility in Dresden at around 2:00 AM.
  7. The LKA's decision to transfer the person to Austria for extradition became controversial, as the delivery date coincided with the criticism filed by Sven Richwin to the Federal Constitutional Court.

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