Nemeth & Ors v Hungarian Judicial Authorities [2022] EWHC 2032 (Admin) (29 July 2022)

Nemeth & Ors v Hungarian Judicial Authorities [2022] EWHC 2032 (Admin) (29 July 2022)

There is no reasonably arguable basis that the requested persons face a real risk of a flagrant breach of Article 6 ECHR fair trial rights if extradited to Hungary. Systemic deficiencies in Hungary's judiciary, even when considered with the applicants' Roma ethnicity and the high-profile nature of the case, do not suffice without specific evidence of risk to the individuals. The offences are ordinary crimes with no political element, and the expert evidence does not support a finding of specific risk. Permission to appeal is refused.

Citation
[2022] EWHC 2032 (Admin)
Parties
Requested Person: Csaba Nemeth; Requested Person: Maria Lakatos; Requested Person: Maria Horvath; Requesting State: Hungarian Judicial Authorities
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Extradition Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused; cases finally determined
Legal Topics
European Arrest Warrant, Judicial Independence, Article 6 ECHR, Article 5 ECHR, Rule of Law, Discrimination, Fair Trial Rights
Extradition Law Human Rights Law Criminal Procedure European Arrest Warrant Judicial Independence Article 6 ECHR Article 5 ECHR Rule of Law +2 more

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Parties

Csaba Nemeth

Requested Person

Maria Lakatos

Requested Person

Maria Horvath

Requested Person

Hungarian Judicial Authorities

Requesting State

Procedural Posture

Extradition Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether there is a real risk of a flagrant breach of Article 6 ECHR fair trial rights if the requested persons are extradited to Hungary
  2. 2 Whether the Hungarian judicial authority issuing the EAW is sufficiently independent under section 2 of the Extradition Act 2003
  3. 3 Whether systemic deficiencies in Hungary's judiciary justify refusal of extradition without specific evidence of risk to the individuals

Ratio Decidendi

There is no reasonably arguable basis that the requested persons face a real risk of a flagrant breach of Article 6 ECHR fair trial rights if extradited to Hungary. Systemic deficiencies in Hungary's judiciary, even when considered with the applicants' Roma ethnicity and the high-profile nature of the case, do not suffice without specific evidence of risk to the individuals. The offences are ordinary crimes with no political element, and the expert evidence does not support a finding of specific risk. Permission to appeal is refused.

Court Disposition

permission to appeal refused; cases finally determined

Orders

  • Permission to appeal on section 2/Article 6 ground refused.
  • Permission to rely on fresh evidence refused.