Germany challenges Hungary over Maja T.'s prison conditions

Maja T.* from Germany is alleged to be a left-wing extremist who took part in violent attacks against far-right groups in Budapest in February 2023. According to Hungarian authorities, the attackers used telescopic rods to beat far-right activists taking part in a protest march.

In response to a Hungarian arrest warrant, T. was arrested in Berlin in December 2023 and then taken into custody in Dresden and held there for six months. She was among a group of suspects supposedly formed around far-left extremist Lina E., who has since been convicted in Germany.

Prior to T.'s arrest in Germany, Hungary had issued a European arrest warrant, the prerequisite for extradition. Maja T.'s lawyers were determined to avoid extradition fearing that under the rule of Prime Minister Viktor Orban, anti-fascists like Maja T. would not be given a fair trial in Hungary.

Doubts about the rule of law in Hungary

Maja T. is non-binary, does not identify as either female or male and uses the pronoun "they." Their lawyers argued that it was not possible to guarantee that in detention in Hungary, T.'s human rights would be safeguarded. Hungary has repeatedly been criticized by Germany for not respecting the rule of law.

Many extradition cases to Hungary have been brought before the European Court of Justice (ECJ). The Court has ruled that the grounds for lawful extradition are based on assurances given by European Union (EU) member states regarding the conditions of detention. However, Maja T.'s lawyers do not think that such assurances can be relied upon.

Instead, they used a different strategy and appealed to Germany's Federal Constitutional Court for an emergency ruling to prevent extradition. The judges granted their request and issued an order prohibiting the extradition of T on June 28, 2024.

However, earlier on that very day, T. had already been deported to Hungary, as the Berlin judiciary did not wait for the Constitutional Court's decision.

In a press release, the Court criticized the actions of the Berlin judiciary, stating that clarification is needed as to whether the Court of Appeals responsible for the extradition decision had fulfilled its duty to investigate detention conditions in Hungary.

"Furthermore, a closer examination is required as to whether the Court of Appeal was entitled to assume, given the information provided by the Hungarian authorities, that the protection of the applicant, who identifies as non-binary, would be sufficiently guaranteed. This appears doubtful at the very least," read a press release from the Constitutional Court.

Far-left outrage

Cologne lawyer Nikolaos Gazeas, who has dealt with many extradition proceedings, describes the extradition of T. as "unlawful." He told Legal Tribune Online: "I have seen this kind of conduct from rogue states such as Russia and Iran, but not from a constitutional state. The process was disgraceful."

Two members of Germany's socialist Left Party, Martin Schirdewan and Martina Renner, visited Maja T. in prison on August 21, 2024, hoping to "draw public attention to this scandal," according to Schirdewan before his departure.

Maja T. is suffering under oppressive prison conditions, Schirdewan told DW upon his return.

"Maja T. told us about being under constant video surveillance, held in isolation, being forced to spend 23 hours a day in a cell, and not being allowed to exercise," Schirdewan told DW after he visited Maja T. on August 21, together with Left Party lawmaker Martina Renner.

Despite all this, the person they found sitting before them in handcuffs showed remarkable calm and composure in dealing with the situation, Schirdewan said.

Seeking to improve prison conditions

T.'s lawyers, Sven Richwin and Maik Elster hope that the Left Party's involvement will help move the case forward. The Budapest judiciary has rejected all applications seeking to improve prison conditions, although Maja T. has been in custody for eight months with no trial date in sight. "Given the disastrous prison conditions in Hungary, it is crucial that we keep a close eye on what is happening there," the lawyers said.T.'s father Wolfram Jarosch is very worried about the welfare of his child. He told the Süddeutsche Zeitung newspaper at the beginning of August that he had been allowed to visit Maja T. in prison twice. They had one hour each time to talk through a plexiglass window. He used the words "lonely" and "pretty hopeless" to describe Maja T's state of mind, who described living with bedbugs and eating moldy food.

With the help of a petition on the website of Campact, Jarosch hopes to get Maja T. back to Germany and ensure that no one is extradited to Hungary. The goal is at least 75,000 signatures. As of 21.08.2024, there are already more than 64,000.

*Editor's note: The full name is withheld in compliance with German privacy laws concerning criminal suspects.

This article was originally written in German.

While you're here: Every Tuesday, DW editors round up what is happening in German politics and society. You can sign up here for the weekly email newsletter Berlin Briefing.