Berlin Justice Senator Sees No Way to Extradite Individual Back from Hungary Despite Court Ruling
Berlin’s Justice Senator, Dirk Behrendt, has stated that there is no possibility of extraditing an individual from the left-wing scene back to Germany from Hungary, despite a ruling by the Federal Constitutional Court deeming their extradition unlawful.
"We have, of course, taken note of the decision of the Federal Constitutional Court," said Behrendt, a member of the Christian Democratic Union (CDU), in the Berlin House of Representatives. "However, the extradition cannot be reversed."
Behrendt emphasized that the individual in question was extradited to Hungary at the request of the Public Prosecutor’s Office following a decision by the Berlin Regional Court. He stated that the Senate Administration for Justice has no jurisdiction in this matter and no legal basis to intervene.
"Otherwise, this is naturally a decision of the Federal Constitutional Court that will be noted by the Public Prosecutor General’s Office and the Regional Court and taken into account in similar future cases," Behrendt added.
The individual, who identifies as non-binary, is accused of participating in attacks on actual or alleged right-wing extremists in Budapest in February 2023. The incidents occurred during the annual "Day of Honor" rally. Several other investigations are ongoing in Hungary against alleged left-wing extremists in connection with the event.
Known as "Maja" within the left-wing scene, the individual was born in Jena and arrested in Berlin in December 2023. According to their lawyer, they were then detained in Dresden. Germany ultimately extradited them to Hungary in June 2024, even though the Federal Constitutional Court had issued a preliminary injunction prohibiting the extradition. However, the injunction from Karlsruhe arrived just under an hour too late, and the handover to Hungarian authorities had already taken place.
In January 2025, the Federal Constitutional Court ruled in the main case that the expedited extradition to Hungary was unlawful. The Berlin Regional Court had failed to sufficiently examine the detention conditions awaiting the individual in Hungary (Ref.: 2 BvR 1103/24). The court found that the decision to extradite violated "Maja’s" fundamental rights.
Context and Analysis:
The extradition of "Maja" has been a controversial and extensively debated issue in Germany. Human rights organizations and left-wing groups have criticized the move, arguing that the individual would face an unfair trial and potential human rights abuses in Hungary. They have also expressed concerns about the increasing cooperation between German and Hungarian authorities in combating extremism.
The Hungarian government has been criticized for its crackdown on dissent and its alleged suppression of independent media and civil society organizations. Hungary has also been accused of violating the rule of law and democratic principles.
The Federal Constitutional Court’s ruling has been welcomed by supporters of "Maja," who see it as a vindication of their claims that the extradition was unlawful. However, the decision has no immediate practical effect, as it cannot force Hungary to return the individual to Germany.
The Berlin Senate’s position that it cannot intervene in the extradition process raises questions about the limits of its authority and its responsibility to protect its citizens from potential human rights violations. The case also highlights the challenges of balancing national security concerns with the protection of individual rights in an international context.
Conclusion:
The extradition of "Maja" to Hungary, despite the Federal Constitutional Court’s ruling, has reignited debates about the rule of law, human rights, and the limits of cooperation between states in combating extremism. The long-term implications of the case remain to be seen, but it serves as a reminder of the complexities and challenges of navigating the intersection between national sovereignty and international human rights obligations.
