German Federal Constitutional Court (2 BvR 237/18) prohibited the extradition to Hungary

In Germany, there is only one appeal against the decision of the Higher Regional Court in extradition proceedings, the constitutional complaint to the Federal Constitutional Court in Karlsruhe for violation of fundamental rights. The constitutional complaint is the end of national legal remedies. After that, there is only the human rights complaint to the European Court of Human Rights in Strasbourg. Statistically speaking, the constitutional complaint and the human rights complaint are difficult legal remedies that allow only a very cautious prognosis.

Prison conditions in Hungary are a problem.

Within one day following our application for a temporary injunction on 12 February 2018 the German Federal Constitutional Court (- 2 BvR 237/18 -) stopt our client`s extradition  to Hungary.

Our constitutional complaint and the application for a temporary injunction are directed against a decision of the Munich Higher Regional Court (OLG) of 19 January 2018, declaring extradition to Hungary admissible on the basis of a European Arrest Warrant (EAW) issued in Hungary. In this decision the Higher Regional Court of Munich disregarded our client's objections to the catastrophic conditions of detention in Hungary.

Before we filed the application for a temporary injunction, we had given once again - with an application pursuant to § 33 IRG -  the court in Munich the opportunity to correct the first decision. However, the Higher Regional Court of Munich also rejected this application for a new decision, so that we had to appeal to the Federal Constitutional Court, which immediately served an interim injunction on the Public Prosecutor's Office in Munich.

 

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