CSABA NEMETH v HUNGARIAN JUDICIAL AUTHORITIES

CSABA NEMETH v HUNGARIAN JUDICIAL AUTHORITIES

Permission to appeal was granted to the Requesting State on the money laundering charge in EAW7 for Csaba Nemeth, as it was reasonably arguable that the particulars were sufficient. Permission to appeal was refused for Maria Lakatos and Maria Horvath on Article 8 grounds, as the public interest in extradition decisively outweighed any interference with their rights, including mental health and family circumstances. Adjournment for further medical evidence was refused as it would not materially affect the outcome.

Parties
Requested Person: Csaba Nemeth; Requested Person: Maria Lakatos; Requested Person: Maria Horvath; Requesting State: Hungarian Judicial Authorities
Jurisdiction
England and Wales
Judgment Date
10 February 2022
Procedural Posture
Extradition Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted to Requesting State on Nemeth money laundering charge; permission to appeal refused for Lakatos and Horvath on Article 8 grounds; adjournment refused.
Legal Topics
Extradition Procedure, European Arrest Warrant, Article 8 ECHR, Particularisation Requirements, Mental Health in Extradition, Specialty Rights
Criminal Law Extradition Law Human Rights Law Extradition Procedure European Arrest Warrant Article 8 ECHR Particularisation Requirements Mental Health in Extradition +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 9
Sign in to unlock

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 the particulars in EAW7 for money laundering satisfy section 2(4)(c) of the Extradition Act 2003
  2. 2 Whether extradition of Maria Lakatos and Maria Horvath is disproportionate under Article 8 ECHR given mental health and family circumstances
  3. 3 Whether adjournment is warranted to obtain further medical evidence

Ratio Decidendi

Permission to appeal was granted to the Requesting State on the money laundering charge in EAW7 for Csaba Nemeth, as it was reasonably arguable that the particulars were sufficient. Permission to appeal was refused for Maria Lakatos and Maria Horvath on Article 8 grounds, as the public interest in extradition decisively outweighed any interference with their rights, including mental health and family circumstances. Adjournment for further medical evidence was refused as it would not materially affect the outcome.

Court Disposition

Permission to appeal granted to Requesting State on Nemeth money laundering charge; permission to appeal refused for Lakatos and Horvath on Article 8 grounds; adjournment refused.

Orders

  • Permission to appeal granted to Hungarian Judicial Authorities on Nemeth money laundering charge in EAW7.
  • Permission to appeal refused for Maria Lakatos and Maria Horvath on Article 8 ECHR grounds.