Permission granted to judicially review extradition to Hungary

16.10.15 | |

Following oral submissions, the High Court has granted permission to bring a judicial review of the proposed extradition of a man to Hungary, in the light of compelling evidence of inhuman and degrading prison conditions in that country.


Represented by Malcolm Hawkes, the claimant argued that the pilot judgment of the European Court in Varga & others v Hungary betrayed a chronic, country-wide problem of overcrowding, desperately poor material conditions and a lack of any effective domestic remedy to halt the abuse. The judgment  in Varga was handed down after the claimant’s extradition to Hungary had been ordered and he had exhausted his statutory appeal options.


The court agreed that, while assurances not to expose an extraditee to such appalling conditions were adequate in the recent case of Horvath v Hungary, such assurances were specific to that case and were not cross applicable.


Moreover, the assurance issued in this case failed to address the concerns of the European Court on the plight of prisoners in Hungary.


This decision means the systemic failings in the Hungarian prison estate will be examined with rigour when the case is listed for full argument.


In Szegfu v National Crime Agency, Malcolm was instructed by Rebecca Weale of GT Stewart solicitors

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