A German suspect languishes in a Hungarian prison – DW – 22.08.2024

Maja T.* from Germany is suspected of being a left-wing extremist who was involved in violent attacks on right-wing extremist groups in Budapest in February 2023. According to Hungarian authorities, the attackers used telescopic poles to beat right-wing extremist activists who were taking part in a protest march.

Based on a Hungarian arrest warrant, T. was arrested in Berlin in December 2023 and then taken into custody in Dresden, where she was held for six months. She was part of a suspected circle of suspects around the left-wing extremist Lina E., who has since been convicted in Germany.

Before T's arrest in Germany, Hungary had issued a European arrest warrant, which is a prerequisite for extradition. Maja T's lawyers were determined to prevent the extradition because they feared that anti-fascists like Maja T. would not receive a fair trial in Hungary under the government of Prime Minister Viktor Orban.

Doubts about the rule of law in Hungary

Maja T. is non-binary, identifies as neither male nor female, and uses the pronoun “she.” Her lawyers argued that there was no guarantee that T.'s human rights would be upheld while in custody in Hungary. Hungary has been repeatedly criticized by Germany for not respecting the rule of law.

Numerous extradition cases to Hungary have been brought before the European Court of Justice (ECJ). The Court has ruled that the basis for a lawful extradition is based on assurances from EU member states regarding prison conditions. However, Maja T's lawyers do not believe that these assurances can be relied upon.

Instead, they pursued a different strategy and applied to the Federal Constitutional Court for an emergency decision to prevent extradition. The judges granted their application and issued an extradition order for T. on June 28, 2024.

However, T. had already been deported to Hungary on the same day because the Berlin judiciary had not waited for the decision of the Constitutional Court.

In a press release, the court criticized the actions of the Berlin judiciary and stated that it must be clarified whether the Higher Regional Court responsible for the extradition decision had fulfilled its duty to investigate the detention conditions in Hungary.

“In addition, a closer examination is required as to whether the Court of Appeal was entitled to assume, in view of the information provided by the Hungarian authorities, that the protection of the applicant, who identifies as non-binary, was sufficiently guaranteed. This seems doubtful at the very least,” says a press release from the Constitutional Court.

Outrage on the extreme left

Cologne lawyer Nikolaos Gazeas, who has handled many extradition proceedings, describes T's extradition as “illegal”. He told Legal Tribune Online: “I know of such behavior from rogue states like Russia and Iran, but not from a constitutional state. The proceedings were a disgrace.”

Two members of the Socialist Left Party, Martin Schirdewan and Martina Renner, visited Maja T. in prison on August 21, 2024. According to Schirdewan before his departure, they wanted to “draw the public's attention to this scandal.”

Maja T. is suffering from the repressive conditions in prison, Schirdewan told DW after his return.

“Maja T. told us about constant video surveillance, about solitary confinement, about having to spend 23 hours a day in a cell and not being allowed to move,” Schirdewan told DW after visiting Maja T. on August 21 together with Left Party Bundestag member Martina Renner.

Despite all this, the person they found sitting in handcuffs in front of them showed remarkable calm and composure in dealing with the situation, Schirdewan said.

Striving to improve prison conditions

T's lawyers Sven Richwin and Maik Elster hope that the Left Party's commitment will help to move the case forward. The Budapest judiciary has rejected all requests to improve prison conditions, although Maja T. has been in custody for eight months and there is no trial date in sight. “In view of the catastrophic prison conditions in Hungary, it is crucial that we closely monitor what is happening there,” said the lawyers. T's father Wolfram Jarosch is very worried about his child's well-being. He told the South German Newspaper At the beginning of August, he told the newspaper that he had been allowed to visit Maja T. twice in prison. They had been given an hour each time to talk through a Plexiglas pane. He described Maja T.'s state of mind as “lonely” and “pretty hopeless,” and spoke of bed bugs and moldy food.

With the help of a petition on the Campact websiteWith this appeal, Jarosch hopes to bring Maja T. back to Germany and ensure that no one is extradited to Hungary. The goal is at least 75,000 signatures. As of August 21, 2024, there are already over 64,000.

*Editor’s note: For data protection reasons, the full name of criminal suspects is not disclosed in Germany.

This article was originally written in German.

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