Federal Constitutional Court - German person extradited to Hungary - decision too late
The Federal Constitutional Court has prohibited the extradition of a 23-year-old person from the left scene to Hungary - however, the decision came too late. According to the court in Karlsruhe, it was informed by the General Public Prosecutor's Office in Berlin at 11:47 am via email that the suspect had already been handed over to the Hungarian authorities at 10:00 am. The judges stated that they had refused the extradition of the person, who identifies as non-binary and is known in the left scene as "Maja," at 10:50 am. (Note: BvQ 49/24).
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.
The emergency application against a decision of the Berlin Chamber Court from late Thursday afternoon was initially successful in Karlsruhe - initially, however, without the corresponding protection for "Maja." The Federal Constitutional Court has now instructed the Berlin General Public Prosecutor's Office to prevent the transfer of the applicant to the Hungarian authorities and to secure their return to the Federal Republic.
"Maja" was arrested in Berlin in December 2023 and, according to defense attorney Richwin, is in detention in Dresden, Saxony. According to the defender's statements, his client, along with others, allegedly attacked sympathizers of the far-right scene or those perceived as such in Budapest between February 9 and 11, 2023.
Statement BVerfG
The extradition process for "Maja" to Hungary, initiated by the Berlin General Public Prosecutor's Office, was challenged in Karlsruhe by an emergency application. Despite the delay, the Federal Constitutional Court in Saxony's Karlsruhe refused the extradition and ordered the Berlin authorities to halt the transfer and ensure "Maja's" return to Germany. The rejection of extradition was due to concerns over justice and potential extremism associated with "Maja's" case in Hungary. Despite this ruling, "Maja" had already been delivered to Hungarian authorities earlier that day.