AC-2023-LON-003019 - [2025] EWHC 1851 (Admin)

There has been an increase in antisemitic attacks in Germany following the Hamas attack in October 2023 and the Israeli response. A relatively large number of these attacks have taken place in Bavaria where the Appellant will be in custody. The majority of attacks are attributable to Muslim extremists. The expectation is that more people will be imprisoned for antisemitic offences in prison which will lead in turn to an increase in antisemitic prisoners. The situation has got worse over the last year (Report of Professor Heger, professor of criminal law at Humbold University, dated 28 March 2024 with an updating report dated 2 May 2025. Professor Heger agrees with the report of Dr Oehmichen put before the District Judge).

Prisons in Bavaria adopt a conservative regime for communications between prisoners and families. There is a lack of provision for transfer to a psychiatric hospital for mental health purposes (Dr Drenkhahn, Professor of criminal law and criminology at Berlin University (1 March 2024)).

The risk of antisemitic behaviour has increased particularly in the aftermath of the Hamas attack on Isreal in October 2023 (Second addendum report of Dr Oehmichen (6 November 2023)).