Extradition regardless of Federal Constitutional Court ban: A worrying course of | EUROtoday

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Status: 28.06.2024 19:01

While the Federal Constitutional Court was nonetheless deliberating on the case, Maja T. was extradited to Hungary. The proven fact that authorities are ignoring proceedings on the highest court docket is worrying, says Gigi Deppe.

Gigi Deppe

It is frequent for the Federal Constitutional Court to should determine instances in a short time. Especially within the case of deportations and extraditions, functions are sometimes obtained on the final minute. The common courts have all determined: the individual in query might be taken overseas. Then the legal professionals flip to the best court docket within the republic and three judges in Karlsruhe should rapidly determine whether or not the motion is permissible.

The individual in query could nicely already be on the airplane. If the court docket stops the case, the individual have to be taken off the airplane and introduced again to Germany.

Such deliberations underneath time strain are not any enjoyable for the judges on the Federal Constitutional Court. But they definitely discover even much less pleasure when the German authorities merely ignore what’s at present being mentioned on the highest court docket.

Authorities might have waited

There was definitely no time strain. Maja T., a member of a suspected left-wing extremist group, was in German custody. The authorities might simply have waited one other day or two to see what the choice from Karlsruhe can be. The lawyer had already knowledgeable the officers within the jail at round three within the morning that he can be submitting an pressing software with the Constitutional Court.

At 8:30 a.m., the Constitutional Court in Berlin itself introduced that it was nonetheless deliberating, and that extradition must wait. Despite this, every little thing went on as deliberate. The individual in query was already Austrian at this level, and had already been handed over to the authorities there shortly earlier than seven.

Now the Berlin Attorney General's Office is justifying itself by saying that it couldn’t have stopped something, as every little thing was within the arms of the Austrians. But why did the Berlin authorities not even attempt to act in accordance with the Constitutional Court's needs and name the Austrian authorities to deliver Maja T. again? Simply sitting again and ready it out is just not sufficient when a very powerful German court docket is deliberating.

Night and fog operation with out want

The incident is worrying as a result of it exhibits that there are authorities in Germany that disregard the rule of legislation. Someone was unnecessarily taken in a foreign country in a covert operation – a non-binary one who, as such, is extra in danger in Hungarian prisons than others.

But whatever the particular case, we are able to pack up if it turns into frequent follow to disregard proceedings earlier than the Federal Constitutional Court.

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