Detention conditions in Hungary fall short of European standards
In recent years, detention conditions in Hungary have attracted increasing international attention. This has further intensified following the 2024 extradition of a non-binary German defendant. However, the German Federal Constitutional Court deemed the extradition unlawful due to the risks of inhumane and degrading treatment in Hungarian detention facilities.
The court’s ruling underscores a key principle of EU law: individuals accused of or convicted of a criminal offence can only be extradited if their fundamental human rights are guaranteed throughout the course of their trial and any subsequent incarceration in the requesting country.
Despite this legal framework, the defendant was extradited by German authorities to Hungary, a country where numerous assessments by international courts and organisations have confirmed that detention conditions violate established human rights norms. The defendant’s situation has been exacerbated by prolonged segregation from other prisoners, resulting in nearly a year of de facto solitary confinement. To protest against their treatment, the defendant recently initiated a hunger strike. As a result, their health has deteriorated to a critical state.
Regardless of its political context, this case illuminates long-standing systemic issues within Hungary’s penal system.
Central to these problems are severe prison overcrowding and the resulting inhumane detention conditions, which include pest infestations, routine strip searches, excessive use of restraints, and visiting restrictions. In addition, the defendant’s situation is further exacerbated by issues such as drawn-out proceedings and limited access to documents.
Furthermore, the rights of LGBTQI+ detainees are largely disregarded, and effective rights protection is virtually non-existent. The defendant’s prolonged isolation reflects the prison administration’s apparent reluctance to meaningfully address the situation, despite clear guidelines on the placement and treatment of detainees with similar vulnerabilities. The administration also has an obligation to manage such cases in a manner that fully safeguards the rights of detainees – including providing adequate remediation where appropriate.
The Hungarian Helsinki Committee (HHC) has been at the forefront of advocating for reform, bringing attention to these pressing issues through various domestic and international platforms. Additionally, respected organisations such as the European Court of Human Rights, the Committee of Ministers of the Council of Europe, and the Council of Europe’s Committee for the Prevention of Torture have repeatedly urged Hungarian authorities to take remedial action.
A former detainee, interviewed by the HHC, articulated the conditions that pervade the system:
“You may think you have rights, but it’s despairing that they are simply not enforced.”
Elaborating further on the grim realities faced by detainees, he asserted that “these people are truly experiencing inhumane conditions.”
Hungary’s ongoing failure to tackle prison overcrowding and inhumane detention conditions perpetuates large-scale human rights violations affecting nearly 40,000 detainees annually. This stark reality underscores an urgent need for comprehensive reforms within Hungary’s penal system.
For more information, read the HHC’s latest briefing paper on key concerns regarding detention conditions in Hungary.