Court prohibits extradition to Hungary - too late
Since 2017, "Maja" has been a member of a far-left extremist organization, according to Hungarian authorities. A Berlin court recently ruled in favor of "Maja's" extradition to Hungary for a trial, but the Federal Constitutional Court made a different decision - alas, it came too late.
The Federal Constitutional Court has prohibited the extradition of a person from the far-left scene to Hungary for a trial - however, the decision came too late. The affected person was handed over to the Hungarian authorities barely an hour before the court's decision, according to a statement from the Berlin Public Prosecutor's Office in Karlsruhe. This development sparked heated criticism, particularly from left-wing politicians. The case concerns a 23-year-old person born in Jena who identifies as non-binary and is known in the far-left scene as "Maja."
According to the Federal Constitutional Court, Hungarian authorities accuse "Maja" of being a member of a criminal organization since 2017, whose goal was to attack sympathizers of the far-right. In Germany, the Federal Prosecutor is also investigating the same allegation, said defense attorney Sven Richwin.
In detention in Saxony since the end of 2023
"Maja" was arrested in Berlin in December 2023 and, according to defense attorney Richwin, was being held in the Dresden Prison in Saxony. The background is violent attacks against suspected right-wing extremists. Between February 9 and 11, 2023, "Maja's" accomplices allegedly attacked sympathizers of the far-right scene or those perceived as such in Budapest and injured them. Due to the extradition request from Hungary, the General Federal Prosecutor suspended the proceedings. Since "Maja" was arrested in Berlin, the Berlin Public Prosecutor's Office is responsible for the extradition proceedings, Richwin explained.
The Chamber Court of Berlin approved the extradition in the late afternoon on a Thursday, as the Prosecutor's Office announced. The proceedings followed the usual course of an European Arrest Warrant, the spokesperson added. According to the court's statements, "Maja's" German citizenship does not oppose the extradition, as Hungary explicitly promised to return her to Germany for the execution of the sentence.
With an urgent application in Karlsruhe, the defense attorney for "Maja" attempted to prevent the extradition. The application was filed at the court at 7:38 am on a Friday, according to the court statement, which provided an unusually detailed account of the time sequence. The German Constitutional Court denied the extradition at 10:50 am, but "Maja" had already been handed over to the Hungarian authorities, according to the Berlin Public Prosecutor's Office.
The court was informed by email at 11:47 am in Karlsruhe that the applicant had already been handed over by 10:00 am. The delivery began at the Federal Constitutional Court in the night to Friday. "Maja" was handed over to the Austrian authorities for transfer to Hungary at 6:50 am, according to the court's message. The Federal Constitutional Court has now instructed the Berlin Public Prosecutor's Office to prevent the transfer of the applicant to Hungarian authorities and to arrange for his return to the Federal Republic.
For Attorney Richwin, this is a "theoretical victory". He has little hope that the accused person can be brought back to Germany. "But of course we will ask the Public Prosecutor's Office how it goes on," Richwin said. In addition, he will contact the German Consulate.
There was fierce criticism in leftist circles at the Berlin Justice. Martin Schirdewan, chairman of the Left Party, spoke of a "shame for Germany". "Viktor Orban is not a democrat and Hungary will not guarantee a procedurally correct procedure. It is unacceptable that Germany hands over people to autocrats instead of ensuring a fair trial in their own courts." The Saxon Left politician Julia Nagel described the incident as a "scandal". The Berlin Association of the Persecuted of the Nazi Regime - League of Antifascist Women and Men doubted that "Maja" could expect a fair trial and humane detention conditions in Hungary.
The Federal Constitutional Court in Germany halted the extradition of "Maja," citing concerns about fair trial rights in Hungary due to its alleged handling of left-wing extremism cases. This decision came too late, as "Maja" had already been handed over to Hungarian authorities earlier by German authorities.
