CSABA NEMETH v HUNGARIAN JUDICIAL AUTHORITIES

CSABA NEMETH v HUNGARIAN JUDICIAL AUTHORITIES

There is no sufficient overlap or convincing reason to stay applications for permission to appeal on matters of endemic delays, ill-treatment of Roma detainees, or prison conditions pending resolution of the judicial independence issue in Bogdan. The section 12A grounds of appeal are not reasonably arguable as the evidence does not support the absence of a decision to prosecute, and the absence of explicit answers is benign where the question was not asked.

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 / Interlocutory Judgment on Applications for Permission to Appeal and Case Management Orders
Outcome
Applications for stay refused; section 12A grounds of appeal dismissed as not reasonably arguable; remaining matters to be dealt with in a third judgment.
Legal Topics
Extradition Proceedings, Judicial Independence, Section 12 a Extradition Act 2003, European Arrest Warrants, Article 3, 5, 6, 8 ECHR, Pre Trial Detention, Prison Conditions, Discrimination Against Roma Ethnicity
Criminal Law Extradition Law Human Rights Law Extradition Proceedings Judicial Independence Section 12 a Extradition Act 2003 European Arrest Warrants Article 3, 5, 6, 8 ECHR +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 / Interlocutory Judgment on Applications for Permission to Appeal and Case Management Orders

Legal Issues

  1. 1 Whether a stay should be granted on applications for permission to appeal pending resolution of judicial independence issue in Bogdan
  2. 2 Whether section 12A Extradition Act 2003 grounds are reasonably arguable in relation to certain EAWs
  3. 3 Whether there is sufficient overlap between issues of judicial independence and other matters (endemic delays, ill-treatment, prison conditions) to justify a stay

Ratio Decidendi

There is no sufficient overlap or convincing reason to stay applications for permission to appeal on matters of endemic delays, ill-treatment of Roma detainees, or prison conditions pending resolution of the judicial independence issue in Bogdan. The section 12A grounds of appeal are not reasonably arguable as the evidence does not support the absence of a decision to prosecute, and the absence of explicit answers is benign where the question was not asked.

Court Disposition

Applications for stay refused; section 12A grounds of appeal dismissed as not reasonably arguable; remaining matters to be dealt with in a third judgment.

Orders

  • Applications for permission to appeal on further matters to proceed to oral hearing as soon as possible.
  • Case management directions and severance of Maria Horvath's case confirmed as per January Order.