CSABA NEMETH & Ors v HUNGARIAN JUDICIAL AUTHORITIES

CSABA NEMETH & Ors v HUNGARIAN JUDICIAL AUTHORITIES

There is no reasonably arguable basis that the applicants face a real risk of a flagrant breach of Article 6 fair trial rights if extradited to Hungary, as the offences are politically neutral and the expert evidence does not support such risk. Generic and systemic deficiencies inform but do not satisfy the Stage 2 test without specific evidence relating to the applicants' cases.

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 / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Judicial Independence, Fair Trial Rights, Discrimination, European Arrest Warrant, Rule of Law
Criminal Law Human Rights Law Extradition Law Judicial Independence Fair Trial Rights Discrimination European Arrest Warrant Rule of Law

Case Brief

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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 extradition to Hungary would result in a real risk of a flagrant breach of Article 6 ECHR fair trial rights due to systemic deficiencies in judicial independence and discrimination, particularly against Roma defendants.
  2. 2 Whether the Extradition Arrest Warrants were issued by a 'judicial authority' under section 2 of the Extradition Act 2003.
  3. 3 Whether generic and systemic evidence of deficiencies can satisfy the Stage 2 test for individual risk.

Ratio Decidendi

There is no reasonably arguable basis that the applicants face a real risk of a flagrant breach of Article 6 fair trial rights if extradited to Hungary, as the offences are politically neutral and the expert evidence does not support such risk. Generic and systemic deficiencies inform but do not satisfy the Stage 2 test without specific evidence relating to the applicants' cases.

Court Disposition

permission to appeal refused

Orders

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