Nemeth & Ors v Hungarian Judicial Authorities [2022] EWHC 224 (Admin) (03 February 2022)

Nemeth & Ors v Hungarian Judicial Authorities [2022] EWHC 224 (Admin) (03 February 2022)

There is no sufficient overlap between the issues in Bogdan and the present cases to justify a stay; the section 12A grounds are not reasonably arguable as the evidence does not support the absence of a decision to prosecute, and the judge's findings were correct.

Citation
[2022] EWHC 224 (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
03 February 2022
Procedural Posture
Extradition Appeal / Interlocutory Judgment on Applications for Stay and Permission to Appeal
Outcome
Applications for stay refused; section 12A grounds for permission to appeal refused.
Legal Topics
Judicial Independence, Article 3 ECHR, Article 5 ECHR, Article 6 ECHR, Section 12 a Extradition Act 2003, Prison Conditions, Ethnic Discrimination, Procedural Fairness
Extradition Law Human Rights Law Criminal Procedure Judicial Independence Article 3 ECHR Article 5 ECHR Article 6 ECHR Section 12 a Extradition Act 2003 +3 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 / Interlocutory Judgment on Applications for Stay and Permission to Appeal

Legal Issues

  1. 1 Whether to stay applications for permission to appeal pending outcome of Bogdan case on judicial independence
  2. 2 Whether section 12A Extradition Act 2003 grounds are reasonably arguable in relation to certain EAWs

Ratio Decidendi

There is no sufficient overlap between the issues in Bogdan and the present cases to justify a stay; the section 12A grounds are not reasonably arguable as the evidence does not support the absence of a decision to prosecute, and the judge's findings were correct.

Court Disposition

Applications for stay refused; section 12A grounds for permission to appeal refused.

Orders

  • No stay granted on further matters beyond judicial independence issue.
  • Applications for permission to appeal on section 12A grounds dismissed.