Higher Regional Court of Karlsruhe has rejected extradition-request from Hungary expressly as "currently" inadmissible

01. June 2017

The Higher Regional Court of Karlsruhe (Ausl 301 AR 54/17) has rejected a request for extradition from Hungary expressly as "currently" inadmissible due to the poor conditions of imprisonment in Hungary. The Karlsruhe Higher Regional Court also sees that the Hungarians want to improve prison conditions and has taken into account the forthcoming renovation by declaring the extradition of the persecuted person to Hungary "currently" inadmissible. This should enable a new decision on the admissibility of extradition to be made in the procedure according to § 33 IRG if reliable information on the improvement of standards of detention conditions in Hungary is available.

The decision also has a European legal dimension. The Higher Regional Court of Karlsruhe (Ausl 301 AR 54/17) gives priority to the guarantee of human dignity (Art. 1 of the German Basic Law), which was also declared firm for integration by the Federal Constitutional Court (NJW 2016,1149), also in the application of European Union law or regulations determined by Union law.

The principle of mutual trust, which is otherwise so often referred to in European extradition law, has been put on hold if, as in the case of Hungary, there is real evidence that, in the event of extradition, the indispensable requirements for the protection of human dignity would not be met, including compliance with the minimum standards for prison conditions.




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