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.