Extradition in Turkey
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. 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 treaty regulates the process of transferring individuals accused of committing crimes between the two countries. Since then, the treaty has become the main mechanism of cooperation between the governments of Turkey and the USA in matters of combating crime.
Conditions For Turkey Extradition
Extradition in Turkey is possible only in certain cases. The main conditions that must be met are the following:
First, 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.
Secondly, the statute of limitations for the case must not expire. The statute of limitations for extradition must be long enough to allow the legal process to continue. If too much time has passed since the crime was committed 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.
There is a principle of political exclusivity. Extradition cannot be carried out if a person is accused of committing political crimes.
The particulars of the U.S.-Turkey extradition treaty
People often ask the question: “Is Turkey a country that does not allow extradition?” Let’s figure this out.
The extradition process between the USA and Turkey is a complex legal procedure requiring compliance with numerous formalities. To begin, the country seeking extradition must send an official request, which goes through the Ministries of Justice and Interior. The request includes all necessary documents, such as charges, evidence, and information about the crime.
In Turkey, extradition requests are reviewed by the courts. The judicial system analyzes the details of the case and checks whether the request complies with the terms of the extradition treaty. If the decision is positive, extradition may be carried out; however, it can be appealed. It is worth noting that the decision may take several months, and the process involves cross-negotiations between countries.
An example can be the case of Hakan Atilla, a Turkish banker arrested in the USA in 2017 on charges of violating US sanctions against Iran. His extradition to Turkey was discussed within the framework of the treaty, but the process took several years. Atilla was successfully sent to the USA for trial, which became an example of the successful application of extradition.
Extradition in Turkey may be delayed if the requested person files an appeal or challenges their status in court. Ultimately, the extradition process depends on the political will of both countries.
Countries without an extradition treaty with Turkey
Turkey has signed extradition agreements with many countries, but such an agreement does not exist with all states. In such cases, the extradition process becomes much more complicated, and 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 if that country is willing to provide the same service in the future. 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, they cannot be extradited to a country where there are charges based on political motives. Turkey adheres to strict standards regarding 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
The extradition process in Turkey represents a sequence of legal procedures 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 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. 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 a request for extradition 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 also ensures that human rights are not violated during the extradition process. It is important that the accused person is not subjected to the threat of torture or the death penalty in the requesting country. If the person whose extradition is requested 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.
Turkey Extradition Lawyers
If you need to understand extradition issues, we recommend contacting to 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. 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.
