JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU
GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY)
The dispute in the main proceedings and the questions referred for a preliminary ruling
19
On 2 August 2017, the Nyíregyházi Járásbíróság (District Court, Nyíregyházi, Hungary) issued a
European arrest warrant against ML, a Hungarian national, so that he could be prosecuted and tried
for offences of bodily harm, damage, fraud and burglary, committed in Nyíregyháza (Hungary)
between February and July 2016.
20
On 16 August 2017, the Hungarian Ministry of Justice forwarded the European arrest warrant to the
Generalstaatsanwaltschaft Bremen (Public Prosecutor’s Office, Bremen, Germany).
21
By judgment of 14 September 2017, the Nyíregyházi Járásbíróság (District Court, Nyíregyházi)
sentenced ML in absentia to a custodial sentence of one year and eight months.
22
By letter of 20 September 2017, the Hungarian Ministry of Justice informed the Bremen Public
Prosecutor’s Office, in response to a request sent by the latter, that, if ML were surrendered, he would
initially be detained, for the duration of the surrender procedure, in Budapest prison (Hungary) and
thereafter in Szombathely regional prison (Hungary). The Ministry also gave an assurance that ML
would not be subjected to any inhuman or degrading treatment within the meaning of Article 4 of the
Charter as a result of the proposed detention in Hungary. The Ministry added that that assurance
could equally well be given in the event of ML being transferred to another prison.
23
On 31 October 2017, the Nyíregyházi Járásbíróság (District Court, Nyíregyházi) issued a further
European arrest warrant in respect of ML, this time for the purpose of executing the custodial
sentence imposed by that court on 14 September 2017.
24
On 23 November 2017, the Hanseatisches Oberlandesgericht in Bremen (Higher Regional Court,
Bremen, Germany) ordered that ML be detained pending extradition for the purpose of executing the
European arrest warrant issued on 2 August 2017. Since then, ML has been held in the prison of
Bremen-Oslebshausen (Germany).
25
On 12 December 2017, the Amtsgericht Bremen (District Court, Bremen, Germany) made an order on
the basis of the European arrest warrant issued on 31 October 2017 placing ML in detention whilst
awaiting his possible surrender to the Hungarian authorities. ML did not consent to his surrender.
26
By order of 19 December 2017, the Hanseatisches Oberlandesgericht in Bremen (Higher Regional
Court, Bremen) held that ML should continue to be detained pending extradition pursuant to that
arrest warrant. However, in order to assess the legality of the surrender from the point of view of
detention conditions in Hungarian prisons, that court considered it necessary to obtain additional
information.
27
In its order of 9 January 2018, the Hanseatisches Oberlandesgericht in Bremen (Higher Regional Court,
Bremen) explained that, on the basis of the information available to it, ML’s detention in Szombathely
prison did not present any difficulties. However, as the Hungarian Ministry of Justice had mentioned in
its letter of 20 September 2017 that ML might be transferred to other detention centres, the court
deemed it necessary to send the Ministry a request for information comprising a list of 78 questions
concerning the conditions in which persons are detained in Budapest prison as well as in other
detention centres to which ML might be transferred.
28
On 10 January 2018, the Bremen Public Prosecutor’s Office sent that request to the Hungarian
Ministry of Justice.
29
On 12 January 2018, in response to that request, the Ministry stated that the national legislature, by
Law No CX adopted on 25 October 2016 amending, inter alia, Paragraph 144/B, subparagraph 1, of
Law No CCXL of 2013 on the execution of sentences and penalties, certain coercive measures and
6
ECLI:EU:C:2018:589