CSABA NEMETH & Ors v HUNGARIAN JUDICIAL AUTHORITIES

CSABA NEMETH & Ors v HUNGARIAN JUDICIAL AUTHORITIES

There is insufficient evidence to rebut the presumption of ECHR compliance regarding Article 5 and 6 rights or Article 3 prison conditions; Hungarian assurances guaranteeing minimum 3m² floor space monitored by the General Ombudsman remain legally sufficient; no reasonably arguable ground of appeal exists on the basis of discriminatory ill-treatment of Roma persons or putative fresh evidence.

Parties
Requested Person: Csaba Nemeth; Requested Person: Maria Lakatos; Requested Person: Maria Horvath; Requesting State: Hungarian Judicial Authorities
Jurisdiction
England and Wales
Judgment Date
04 May 2022
Procedural Posture
Extradition / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Extradition to Hungary, ECHR Article 3, ECHR Article 5, ECHR Article 6, Prison Conditions, Judicial Delay, Discrimination Against Roma, Legal Adequacy of Assurances
Criminal Law Human Rights Law Extradition Extradition to Hungary ECHR Article 3 ECHR Article 5 ECHR Article 6 Prison Conditions +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 / Application for Permission to Appeal

Legal Issues

  1. 1 Whether there is a real risk of flagrant denial of Article 5 and/or Article 6 ECHR rights due to endemic delays in the Hungarian justice system
  2. 2 Whether there is a real risk of Article 3 ECHR breach in relation to prison conditions despite assurances
  3. 3 Whether the scope and content of Hungarian prison assurances are adequate

Ratio Decidendi

There is insufficient evidence to rebut the presumption of ECHR compliance regarding Article 5 and 6 rights or Article 3 prison conditions; Hungarian assurances guaranteeing minimum 3m² floor space monitored by the General Ombudsman remain legally sufficient; no reasonably arguable ground of appeal exists on the basis of discriminatory ill-treatment of Roma persons or putative fresh evidence.

Court Disposition

permission to appeal refused

Orders

  • permission to appeal on all grounds refused
  • permission to rely on putative fresh evidence refused