What is the state of detention conditions in Hungary?

According to an order of the Higher Regional Court of Nuremberg dated 23 December 2019, future transfers of prisoners to Hungary may be made subject to specific requirements concerning detention conditions.
In extradition proceedings concerning a Hungarian prisoner in Germany whose surrender to Hungary was sought, it was argued that, due to overcrowding in the Hungarian prison system, the transfer would violate public policy and therefore had to be refused.

The public prosecutor’s office was therefore instructed to carry out a detailed investigation into the state of detention conditions in Hungary. In addition, it was decided that, after the prisoner’s surrender, the German authorities should monitor the conditions of his detention.

This case constitutes a precedent, as surrender within the European Union is an almost entirely depoliticised and automated process. Where one Member State examines the rule-of-law standards of another Member State, the fundamental mutual trust between those states is called into question.

In light of the arguments we advanced, however, it was necessary in this case to examine the situation in Hungarian prisons, particularly as Hungary had failed, among other things, to submit reports on detention conditions to the Council of Europe.

Our law firm acted in this case as defence counsel for the Hungarian person concerned.