Turkey Extradition to US

Extradition is the process of transferring a person accused or convicted of a crime from one country to another, where they can be tried or serve their sentence under international law. International extradition helps maintain law and order, ensuring that criminals cannot escape punishment by hiding in other countries.

Turkey and the USA have a bilateral extradition treaty, which was signed in 1979. This bilateral treaty regulates the extradition provisions for transferring individuals accused of committing crimes between the two countries, with certain exceptions, including the request for extradition. Since then, the treaty has become the main mechanism of cooperation between the governments of Turkey and the USA in matters of combating crime.

Extradition in Turkey is possible only in certain cases, as outlined in the extradition provisions. The main conditions that must be met are the following, as provided for in the Turkish law:

First, the religion, nationality, or political opinion of the person must be recognized, and the crime must be recognized as a criminal offense by the laws of both countries. This means that the act the person is accused of must be a crime both in the country requesting extradition and in the country to which they may be transferred under criminal law.

Secondly, the statute of limitations for the case must not expire. The statute of limitations for the extradition request must be long enough to allow the legal process to continue, including the prosecution of the case. If too much time has passed since the crime was committed in criminal matters, and it has become irrelevant from a legal standpoint, extradition will not take place.

Extradition will not be possible if the person whose extradition is requested is subject to the death penalty or the risk of torture. Turkey, like many other countries that have signed international human rights agreements, adheres to strict standards regarding the rights of prisoners, particularly in cases of imprisonment and conviction.

There is a principle of political exclusivity. Extradition cannot be carried out if a person is accused of committing military offenses or political crimes that may threaten national security.

Turkey has signed extradition agreements with many countries, but such an agreement does not exist with all states. In such cases, the extradition procedure becomes much more complicated under domestic law, and it is hard to conclude that the transfer of criminals is not possible under a treaty. In the absence of a bilateral agreement, Turkey may, in some cases, hand over a person to another country based on the principle of reciprocity, contingent on future bilateral agreements. However, this is not always guaranteed, and the decision is made by the Turkish government.

Extradition is impossible in certain cases, even with an existing agreement. For example, if a person is accused of committing a political crime based on their political opinion, they cannot be extradited to a country that does not punish such actions where there are charges based on political motives. Turkey adheres to strict standards regarding the European Convention on Human Rights. If there is a threat of torture or the death penalty in the requesting country, Turkey may refuse extradition. This applies to cases where there are serious doubts about the fairness of the judicial process or the conditions of detention in the requesting country. Also, you can familiarize yourself with information about countries without extradition.

The extradition process in Turkey represents a sequence of legal procedures under its jurisdiction that can take from several months to several years, depending on the complexity of the case. When one country requests the extradition of a person suspected of committing a crime, Turkish authorities begin to review this request.

Initially, the request for extradition must be prepared as an official document that includes all necessary information about the crime, charges, and evidence. This document is sent to the Ministry of Justice of Turkey, which then decides whether the case is suitable for extradition based on existing international agreements, including those concerning religion. If the country submitting the request is not a signatory to an agreement with Turkey, the case will be handled through diplomatic channels, and the process may be prolonged.

When an extradition request is submitted to Turkey, the case is transferred to a court, which decides on the possibility of extradition. The court thoroughly reviews all documents and evidence, assesses the legitimacy of the charges, and ensures that justice and human rights are not violated during the extradition process. The accused person mustn’t be subjected to the threat of torture or the death penalty in the requesting country. If the person sought for extradition disagrees with the decision, they or their lawyers can file an appeal, and the process may be prolonged.

In some cases, when extradition is impossible due to political or legal reasons, the requesting country may attempt to negotiate other forms of cooperation. For example, the transfer of the accused for temporary detention for investigation.

If you need to understand extradition issues involving the requesting party, we recommend contacting our lawyers, who specialize in international law and extradition cases. Lawyers working in the field of extradition can help not only to understand the process and possible consequences but also to protect the client’s rights if the extradition seems unjustified and unlawful.

Extradition lawyers in Turkey are well-versed in international conventions and can assist in preparing all necessary documents for submission to the court, especially concerning the nature of the offense. If extradition is complicated due to political considerations or human rights issues, our specialists can offer defense options and file appropriate complaints against the authorities’ decisions, which are mandatory to respect human rights and follow the rules.