In February 2023, Budapest became the focal point of a significant clash between antifascist activists and neo-Nazi groups during the annual “Day of Honour” rally. This event, which commemorates German and Hungarian fascists defeated by the Red Army in World War II, attracted approximately 4,000 far-right sympathizers. The counterdemonstrations by antifascists led to violent confrontations, resulting in Hungarian authorities initiating a widespread campaign to apprehend and prosecute those involved.

Hungarian Prime Minister Viktor Orbán’s government has been criticized for undermining the independence of the judiciary and eroding democratic institutions. The pursuit of antifascist activists has intensified, with authorities seeking the arrest and extradition of individuals from various European countries, including France, Italy, and Germany. These actions have raised significant concerns about the fairness of trials and the conditions of detention in Hungary.

One notable case involves Rexhino Abajaz, known as Gino, an Albanian national residing in France. In November 2024, Gino was arrested in Montreuil, a suburb of Paris, following a European Arrest Warrant issued by Hungarian authorities. He faces charges related to the 2023 counterdemonstrations and could face up to 16 years in prison if convicted. Gino’s legal team has expressed concerns about the potential for an unfair trial and inhumane detention conditions in Hungary. “The charges being leveled against antifa activists and the possible sentences against them are totally disproportionate,” said Quentin, a representative of Gino’s solidarity committee. “Handing an antifascist activist over to Hungarian authorities would symbolize France’s willful collaboration with a regime that does not respect basic rights.”

Another case involves Maja T., a non-binary German citizen accused of participating in the 2023 counterdemonstrations. Maja was arrested in Berlin in December 2023 and extradited to Hungary before the German Constitutional Court could intervene. The court later ruled that the extradition was unlawful, citing a violation of the EU Charter on Fundamental Rights, specifically Article 4, which protects against inhuman or degrading treatment. The court found that the extraditing authorities had not adequately examined the conditions of detention in Hungary, a country criticized for its anti-LGBTQ+ policies under Prime Minister Viktor Orbán. Hungary asserted that non-binary individuals are not discriminated against or subjected to violence in its prisons. It remains unclear if Germany will seek the return of Maja T. ([reuters.com](https://www.reuters.com/world/europe/top-german-court-says-extradition-non-binary-suspect-hungary-was-unlawful-2025-02-06/?utm_source=openai))

These cases highlight the tension between the European Union’s commitment to mutual recognition of judicial decisions and the protection of fundamental rights. The European Arrest Warrant (EAW) system was designed to streamline the extradition process among EU member states, based on principles such as mutual recognition, dual criminality, and proportionality. However, concerns have been raised about the potential for misuse of the EAW, particularly when the issuing country has a track record of undermining judicial independence and human rights. As noted by legal scholar Hélène Christodoulou, “Mutual confidence is the foundation of the system. The idea is that in the European Union we all have the same fundamental rights.” ([vaia.com](https://www.vaia.com/en-us/explanations/law/uk-criminal-law/european-arrest-warrant/?utm_source=openai))

Human rights organizations, including Amnesty International and the European Court of Human Rights, have criticized Hungary’s actions, citing violations of the right to a fair trial and protection against inhuman or degrading treatment. The Helsinki Committee for Human Rights has drawn attention to the conditions in Hungarian prisons, describing them as catastrophic. Reports from individuals like Ilaria Salis, an Italian activist who was detained in Hungary, detail inhumane conditions, including solitary confinement, lack of access to legal counsel, and unsanitary living conditions. “If Gino is extradited to Hungary, he will be put in the most inhumane detention conditions and would not receive a fair trial,” Salis stated. “I know this because of what I went through: in Hungary, antifascists can expect nothing even close to fair treatment.” ([abcdd.org](https://abcdd.org/en/2024/01/27/noextradition-campaign-against-the-extradition-of-anti-fascists/?utm_source=openai))

The European Union faces a complex challenge in balancing the enforcement of judicial cooperation through instruments like the EAW with the protection of fundamental rights. The cases of Gino and Maja T. underscore the need for a nuanced approach that considers the political context and human rights record of the issuing country. As the EU continues to grapple with these issues, it is imperative to ensure that the principles of justice and human rights are upheld, even when confronting the rise of far-right movements within member states.

What is the European Arrest Warrant (EAW)?

The European Arrest Warrant (EAW) is a legal instrument that facilitates the arrest and transfer of individuals between EU member states for prosecution or to serve a sentance.It aims to streamline extradition procedures and enhance judicial cooperation within the EU.

Why are antifascist activists being targeted by Hungarian authorities?

Hungarian authorities have initiated legal actions against antifascist activists involved in counterdemonstrations against far-right groups, particularly during events like the “Day of Honor” rally in Budapest. These activists face charges such as attempted murder and membership in a criminal organization.

What concerns have been raised regarding the extradition of these activists?

Concerns include potential violations of fundamental rights, such as the right to a fair trial and protection against inhuman or degrading treatment. Reports from individuals like Ilaria Salis,an Italian activist detained in Hungary,detail inhumane conditions,including solitary confinement,lack of access to legal counsel,and unsanitary living conditions. ([digit.site36.net](https://digit.site36.net/2024/02/15/italy-will-not-extradite-anti-fascist-to-hungary-for-inhumane-treatment-in-prison/?utm_source=openai))

Have any EU member states refused to extradite activists to Hungary?

Yes, Italy has refused to extradite Ilaria Salis to Hungary, citing concerns over potential violations of fundamental rights in Hungarian prisons. The Milan Court of Appeal ruled that Salis should await her trial under house arrest in Italy. ([digit.site36.net](https://digit.site36.net/2024/02/15/italy-will-not-extradite-anti-fascist-to-hungary-for-inhumane-treatment-in-prison/?utm_source=openai))

What is the European Commission’s stance on the misuse of the EAW?

The European Commission has expressed concerns about the misuse of the EAW,particularly when it is used for minor offenses. The Commission urges EU member states to issue warrants in a proportionate manner to maintain trust between judicial systems. ([bbc.co.uk](https://www.bbc.co.uk/news/world-europe-13034443?utm_source=openai))

What are the potential consequences for activists if extradited to hungary?

Extradited activists may face trials that do not meet international standards, leading to convictions based on political opinions rather than evidence. Additionally, they could be subjected to inhumane detention conditions, including solitary confinement and lack of access to legal counsel. ([digit.site36.net](https://digit.site36.net/2024/02/15/italy-will-not-extradite-anti-fascist-to-hungary-for-inhumane-treatment-in-prison/?utm_source=openai))

How have human rights organizations responded to Hungary’s actions?

Human rights organizations, including Amnesty International and the European Court of Human rights, have criticized Hungary’s actions, citing violations of the right to a fair trial and protection against inhuman or degrading treatment. The Helsinki Committee for Human Rights has drawn attention to the conditions in Hungarian prisons, describing them as catastrophic. ([digit.site36.net](https://digit.site36.net/2024/02/15/italy-will-not-extradite-anti-fascist-to-hungary-for-inhumane-treatment-in-prison/?utm_source=openai))