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

No extradition to Hungary: Following my constitutional complaint, the Federal Constitutional Court (2 BvR 237/18) annulled two decisions of the Munich Higher Regional Court (OLG) of 19 January 2018 and 9 February 2018 which allowed extradition to Hungary.

The Higher Regional Court of Munich did not want to see obstacles to extradition and Munich did not want to deal with the deficient conditions of detention in Hungary that I pointed out; a topic that has been on the agenda of the European Court of Human Rights (ECHR) for years.

By order of 12 February 2018, the Federal Constitutional Court had already immediately prohibited the transfer of the complainant to the Hungarian authorities until the decision on the constitutional complaint. By order of 21 March 2018, the German Federal Constitutional Court repeated the temporary injunction.

By order of 16 August 2018, the Federal Constitutional Court accepted the constitutional complaint for decision and granted it: "The challenged decisions violate Article 19.4 of the Basic Law because the Munich Higher Regional Court did not sufficiently clarify the facts of the case with regard to the danger of the complainant suffering inhumane conditions of detention in Hungary.

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