JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU
GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY)
(2) If Question 1 is answered to the effect that the existence of such legal remedies for detainees,
without further assessment of the specific conditions of detention in the issuing Member State by
the executing judicial authority, does not of itself exclude a real risk of inhuman or degrading
treatment of the person whose surrender is sought:
(a) Are the aforementioned provisions to be interpreted as meaning that the assessment by the
executing judicial authority of the conditions of detention in the issuing Member State
extends to all prisons or other detention facilities in which the person whose surrender is
sought may be incarcerated? Does this also apply to simply temporary or transitional
detention in certain prisons? Or can the assessment be limited to the prison in which,
according to information from the authorities of the issuing Member State, the person whose
surrender is sought is likely to be incarcerated for most of the time?
(b) For this purpose, is it necessary to conduct a comprehensive assessment of the conditions of
detention concerned that determines both the personal space available to each prisoner and
other conditions of detention? Are the conditions of detention thus determined to be
assessed on the basis of the case-law of the European Court of Human Rights established in
its judgment of 20 October 2016, Muršić v. Croatia (CE:ECHR:2016:1020JUD000733413)?
(3) If Question 2 is also answered to the effect that the assessment required by the executing judicial
authority must extend to all prisons [to which the person concerned might be transferred]:
(a) Can the assessment by the executing judicial authority of the conditions of detention in each
individual prison envisaged be rendered superfluous by a general assurance given by the
issuing Member State that the person whose surrender is sought will not be exposed to any
risk of inhuman or degrading treatment?
(b) Or, in lieu of an assessment of the conditions of detention of each individual prison envisaged,
can the decision by the executing judicial authority on the admissibility of the surrender be
made contingent upon the person whose surrender is sought not being exposed to any such
treatment?
(4) If Question 3 is also answered to the effect that the provision of assurances and the imposition of
conditions cannot render the assessment by the executing judicial authority of the conditions of
detention in each individual prison [to which the person concerned might be transferred]
superfluous:
(a) Must the duty of assessment by the executing judicial authority extend to the conditions of
detention in all prisons envisaged, even in the case where the judicial authority of the issuing
Member State advises that the period of detention in them of the person whose surrender is
sought will not exceed three weeks, circumstances permitting?
(b) Does this also apply if the executing judicial authority is unable to ascertain whether that
information was provided by the issuing judicial authority or whether it originates from a
central authority in the issuing Member State acting in response to a request by the issuing
judicial authority for support?’
The urgent preliminary ruling procedure
41
The referring court has requested that the present reference for a preliminary ruling be dealt with
under the urgent preliminary ruling procedure provided for in Article 107 of the Rules of Procedure
of the Court.
42
In support of its request, that court has stated that the person concerned has been deprived of his
liberty since 23 November 2017 in connection with the execution of a European arrest warrant issued
by the Hungarian authorities. The referring court also considers that, if it were required to assess
detention conditions in the transit prisons or other facilities to which the person concerned might
subsequently be transferred, it would –– unless it was in a position to rule out all risk of inhuman or
ECLI:EU:C:2018:589
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