Germany’s top court has ruled that the extradition of Maja T., a German citizen and Antifa suspect, to Hungary was a mistake, citing concerns over Hungary’s prison conditions for non-binary people. Maja T., involved in violent attacks against alleged right-wing extremists in Budapest in 2023, had been handed over to Hungarian authorities in June 2024.
However, the Constitutional Court decided that Hungary’s prisons could not guarantee her safety, specifically for her non-binary identity.
The court criticized the Berlin Higher Regional Court for not properly examining the detention conditions before allowing the extradition. Despite a temporary ban on her extradition, the Berlin court ignored the order and sent her to Hungary the following night. The Constitutional Court emphasized that Hungary’s assurances of non-discrimination in prison weren’t enough, particularly given the inhumane conditions facing non-binary prisoners.
Maja T.’s lawyer celebrated the ruling as a victory, hoping it will lead to a reconsideration of her case by Hungary. She faces a trial on February 21, where she could receive a 14-year sentence if she pleads guilty. If convicted, her sentence could reach 24 years, but Hungary has agreed she could return to Germany afterward.
While Germany has its own issues with trans and non-binary rights in prisons, including reports of violence and discrimination, the court still found Hungary’s system to be especially problematic for Maja T.
As the legal battles continue, the question of prisoner rights for non-binary individuals remains a pressing concern across Europe.
