Justice - Crime thriller about extradition for left-wing extremist trial in Hungary
The Federal Constitutional Court has prohibited the extradition of a person from the left-wing 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 Berlin General Public Prosecutor's Office informed the Federal Court in Karlsruhe on Friday. This caused heated criticism, particularly from left-wing politicians.
In this case, it concerns a 23-year-old person born in Jena who identifies as non-binary and is known in the left-wing scene as "Maja." According to the Federal Constitutional Court, the 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 investigating the same allegation, defense attorney Sven Richwin told the German Press Agency.
In custody since the end of 2023 in Saxony
"Maja" was arrested in Berlin in December 2023 and, according to attorney Richwin, was in the Dresden prison in Saxony. The background is violent attacks on suspected right-wing extremists. Between February 9 and 11, 2023, her accomplices, according to the allegations, 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 Federal Prosecutor General halted the proceedings. Since "Maja" was arrested in Berlin, the Berlin General Public Prosecutor's Office is responsible for the extradition proceedings, Richwin explained.
Berlin's Regional Court gives the green light for extradition
The Berlin Regional Court approved the extradition in the late afternoon on Thursday, which the General Public Prosecutor had applied for. The corresponding procedure corresponds to the procedures for a European Arrest Warrant, a spokesperson for the Prosecutor's Office stated. According to the court, "the German nationality of the extradition does not stand in the way, as the Republic of Hungary has explicitly pledged to return the person to be extradited to the Federal Republic of Germany for the execution of the sentence."
Attorney for "Maja" files emergency application in Karlsruhe to stop extradition
An emergency application was filed at the Federal Constitutional Court in Karlsruhe on Friday morning to stop the extradition. This was reported in a detailed court statement, which also provided an unusual precise description of the time course. According to the statement, the German Federal Constitutional Court denied the extradition at 10:50 a.m. However, "Maja" had already been handed over to the Hungarian authorities at that time.
Decision of the Court comes too late
The Court was informed via email at 11:47 a.m. that the applicant had already been handed over at 10:00 a.m. The extradition was reportedly initiated by the Federal Constitutional Court in the night of Friday. "Maja" was reportedly handed over to the Austrian authorities for onward transfer to Hungary at 6:50 a.m., according to the statement from the Federal Constitutional Court.
The Federal Constitutional Court has now ordered the Berlin Public Prosecutor's Office to "prevent the handover of the applicant to the Hungarian authorities and to arrange for his return to the Federal Republic of Germany". For Attorney Richwin, this is a "theoretical victory". He has little hope that the accused person can be brought back to Germany. "Of course, we will ask the Public Prosecutor's Office how it will proceed now," Richwin said. In addition, he will contact the German Consulate.
From the Public Prosecutor's Office, it was announced on Friday afternoon that the office could no longer comply with the injunction. An order to secure the return from the Republic of Hungary could not be derived from the injunction. The Public Prosecutor's Office has asked Karlsruhe for a clarification on this legal opinion.
Police in Hungary confirm transfer
Meanwhile, the handed over person has arrived in Hungary, as the Hungarian police confirmed to the dpa. They had taken her over at the Austrian-Hungarian border on Friday, arrested her, and had already interrogated her in Budapest on suspicion of life-threatening bodily harm. She had refused to make a statement. A detention order had been applied for, it was reported.
Heavy criticism of deportation
There was fierce criticism in Berlin legal circles. The Left party chairman, Martin Schirdewan, spoke of a "shame for Germany". "Viktor Orban is not a democrat and Hungary will not guarantee a procedurally correct and human rights-compliant 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 doubted that Maja would receive a fair trial and humane detention conditions in Hungary.
Federal Constitutional Court Communication Public Prosecutor's Office Further Communication Public Prosecutor's Office
- The case of the extradition of a left-wing activist to Hungary for trial has sparked controversy in Germany.
- The person in question, identified as "Maja," is a 23-year-old non-binary individual from Jena, known in the left-wing scene.
- The Public Prosecutor's Office in Dresden, Saxony, is responsible for "Maja's" custody since the end of 2023.
- The German Press Agency reported that Sven Richwin, defense attorney for "Maja," is investigating the same allegations of being a member of a criminal organization against extremists in Germany.
- The Office of the Attorney General in Berlin filed an application for extradition, which was approved by the Berlin Regional Court.
- The Office of the Public Prosecutor General in Karlsruhe denied the extradition, but it was carried out before the denial could be enforced.
- In Berlin, the Berlin Court of Appeal criticized the German authorities for the delay in the extradition process, leading to "Maja's" transfer to Hungary.
- Right-wing extremists in Germany have been under investigation by the public prosecutor's office in Dresden, Saxony, due to violent attacks.
- Hungarian authorities accused "Maja" of attacking sympathizers of the far-right in Budapest between February 9 and 11, 2023.
- The Federal Constitutional Court ordered the Berlin Public Prosecutor's Office to halt the extradition and arrange for "Maja's" return to Germany, but the office was unable to comply.
