Processes - Judicial thriller about left-wing extremist extradition
The Federal Constitutional Court has prohibited the extradition of a person from the left scene for a trial in Hungary - however, the decision came too late. The affected person was handed over to the Hungarian authorities barely an hour before, according to a statement from the Berlin Public Prosecutor's Office in Karlsruhe. This caused heated criticism, especially 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 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 extreme right. In addition, the German Federal Prosecution Office is investigating the same allegation in Germany, according to defense attorney Sven Richwin of 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 against suspected right-wing extremists. Between February 9 and 11, 2023, her accomplices, according to the allegations, attacked sympathizers of the right-wing extremist scene or persons held as such in Budapest and injured them.
Due to the extradition request from Hungary, the Federal Prosecutor General withdrew the proceedings. Since "Maja" was arrested in Berlin, the Berlin Public Prosecutor's Office is responsible for the extradition proceedings, according to Richwin.
Berlin's Regional Court gives the green light for extradition
The Regional Court of Berlin approved the extradition in the late afternoon on Thursday, as the prosecutor's office announced. The corresponding procedure corresponds to the procedures for a European Arrest Warrant, the spokeswoman of the prosecutor's office said. According to the court, "the German nationality of the extradition does not stand in the way, as express consent for the transfer to the federal territory has been given by the Republic of Hungary."
With an urgent application in Karlsruhe, the lawyer for "Maja" tried to stop the extradition. This application was filed at the court at 7:38 am, according to the court statement, which provided unusually detailed information on the time sequence. According to the statement from the Federal Constitutional Court, the extradition was denied at 10:50 am. However, "Maja" was already handed over to the Hungarian authorities at that time, according to the Berlin Public Prosecutor's Office.
Decision of the court comes too late
The court was informed via email at 11:47 am that the applicant had already been handed over at 10:00 am, according to Karlsruhe. The extradition was reportedly begun in the night. "Maja" was allegedly handed over to the Austrian authorities for transfer to Hungary at 6:50 am, 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 from now on," Richwin said. In addition, he will contact the German Consulate.
Heavy Criticism of Deportation
There was fierce criticism of the deportation in Berlin's legal circles. The chairman of the Left Party, Martin Schirdewan, spoke of a "shame for Germany". "Viktor Orban is not a democrat and Hungary will not guarantee a procedurally correct and constitutionally compliant procedure. It is unacceptable that Germany hands over people to autocrats instead of ensuring a legally correct procedure in their own courts." The Saxon Left politician Julia Nagel described the process as a "scandal".
The Berlin Association of the Persecuted of the Nazi Regime – League of Antifascist Women and Men expressed doubt that Maja would receive a fair trial and humane detention conditions in Hungary.
- Despite the Federal Constitutional Court's prohibition, the affected individual was extradited to Hungary from Berlin.
- The case involves a 23-year-old non-binary person identified as "Maja" from Jena, sought by Hungarian authorities for alleged involvement in a criminal organization since 2017.
- The German Federal Prosecution Office is also investigating the same charges against "Maja" in Germany, as reported by defense attorney Sven Richwin of the German Press Agency.
- "Maja" was arrested in Berlin in December 2023 and later held in Dresden prison in Saxony for violent attacks against right-wing extremists.
- From Budapest, the Hungarian authorities accused "Maja"'s associates of attacking right-wing extremists or sympathizers between February 9 and 11, 2023.
- The Berlin Public Prosecutor's Office was initially responsible for the extradition proceedings, as "Maja" was in Berlin at the time of the arrest.
- The Regional Court of Berlin approved the extradition despite an urgent application to stop it at the Karlsruhe Federal Constitutional Court.
- The Federal Constitutional Court ordered the Berlin Public Prosecutor's Office to prevent the handover and return "Maja" to Germany, but it was too late for execution.
- The Berlin Legal community, including politicians and associations, voiced criticism and claimed that Germany handed over the person to an autocratic regime without proper proceedings.
- Berlin's Left Party Chairman, Martin Schirdewan, described the deportation as a "shame for Germany," while Saxon Left politician Julia Nagel condemned the procedure as a "scandal."
- The Berlin Association of Persecuted by the Nazi Regime raised concerns about "Maja" receiving a fair trial and humane detention conditions in Hungary.
