A German citizen, Maja T., was extradited to Hungary in June 2024, but now the Germany Constitutional Court, the top court in the country, has ruled that the extradition should have never happened.
The reason? Hungary’s prison system is inhumane, according to Germany’s top court due to Maja T.’s designation as non-binary. The court argued that it does not believe the written promises of the Hungarian authorities that non-binary people would not face violence or discrimination in Hungarian prisons.
“In particular, it did not sufficiently clarify the detention conditions that awaited the complainant in Hungary,” the court announced.
Maja T., who is a part of left-wing extremist groups, is believed to have participated in violent attacks in February of 2023 against citizens in Hungary’s Budapest, many of whom the Antifa group believed to be right-wing extremists. Hungarian officials say the victims were misidentified by the Hammer Gang group, according to Welt. The group is known for attacking members of the far right in Germany, where most of their attacks have taken place over the years, often leaving victims with permanent debilitating injuries.
Germany’s top court said that the Berlin Higher Regional Court, which allowed the extradition to happen, should have reviewed the detention conditions in Hungary. There was also a temporary extradition ban by the court in place before the extradition, but Berlin’s court allowed her to be handed over to Hungarian authorities the following night. Apparently, the interim order was released on June 28, which blocked the transfer, but it came too late to the Berlin court.
In coming to its decision, the Constitutional Court cited the “prohibition of inhumane treatment under the EU Charter of Fundamental Rights.”
Maja T’s lawyer, Sven Richwin, declared it a “great success.” He then criticized the prison conditions in Hungary. He is hoping that Hungary reconsiders its sentencing regarding Maja T.
Maja T.’s trial is set for Feb. 21 in return for a confession without further trial, she would be offered 14 years in prison. However, if she does not accept this plea, the court trials could take years.
If convicted, Maja T. could face 24 years in prison. Hungary has already said that T. could be transferred back to Germany after the sentence is served.
Despite the judges’ concerns, there is also no guarantee trans and non-binary people are safe in Germany either. Deutsche Welle reports that trans people in Germany face violence and discrimination in German prisons, and that due to staffing shortages, the issues facing trans people are becoming dire.
“In most prisons, there is a very strong macho culture and culture of the strongest and not necessarily a great deal of tolerance. Most of the time, younger men are also housed there, including problematic personalities, perhaps with a tendency towards violence. From my point of view, there is a risk that transgender people will be bullied and perhaps even sexually harassed and that there may even be assaults,” said German lawyer Thomas Galli.
