Germany's Constitutional Court ruled that extraditing a German citizen who identifies as non-binary to Hungary was unlawful, as it violated the European Union's Charter on Fundamental Rights. Under Prime Minister Viktor Orban, Hungary has implemented anti-LGBTQ+ policies condemned by Brussels for discriminating against individuals based on sexual orientation and gender identity.
The individual, known in German media as Maja T., faces accusations in Hungary related to an incident in Budapest in February 2023 involving suspected far-right sympathizers. Despite being arrested in Berlin in December 2023 on a European arrest warrant at Hungary's request, the defendant was transferred to Hungary before the Constitutional Court could intervene with an injunction.
The court's ruling was based on Article 4 of the EU's Charter of Fundamental Rights, emphasizing protection against inhuman or degrading treatment or punishment. The court criticized the lack of clarity regarding the conditions of detention awaiting the complainant in Hungary.
Hungarian authorities, despite their disputes with Brussels on various issues, including LGBT rights and the rule of law, assure that non-binary individuals are not mistreated in their prisons. The uncertainty remains whether Germany will seek the return of its citizen from Hungary.