Extradition in Turkey: Legal Defence and Process

Turkey participates in international extradition through bilateral treaties and the Council of Europe’s European Convention on Extradition. Turkey has treaties with numerous states including the United States and the United Kingdom, and applies the CoE Convention with European signatory states. Turkey does not extradite its own nationals — Article 38 of the Turkish Constitution prohibits it — but applies aut dedere aut judicare: where a Turkish national cannot be extradited, Turkey may prosecute them domestically at the requesting state’s request.

Since July 2016, Turkish extradition requests in Western courts have been routinely refused on political grounds, human rights grounds, and fair trial concerns. The post-coup prosecutions — affecting over 150,000 people across the military, judiciary, civil service, academia, and business — generated a wave of international extradition and Red Notice requests that have largely failed in Western courts. UK, German, Swiss, French, and other European courts have found that these prosecutions lack genuine criminal character and that Turkish prisons fail ECHR Article 3 standards.

The political offence exception is widely applied by European courts to Turkish requests arising from the post-2016 period. Courts have found that designating individuals as FETÖ members solely on the basis of bank account use, installation of a mobile application, or membership of civil associations does not constitute a genuine criminal offence. Similarly, charges of PKK sympathy based on protected political speech and association have not satisfied dual criminality requirements in European jurisdictions. ECHR Article 3 challenges based on documented Turkish detention conditions have been successful, and Article 6 fair trial concerns are routinely raised.

The CCF has deleted Turkish-requested Red Notices in cases where the political motivation was established. Turkey is among the countries most frequently challenged before the CCF, and the success rate for well-prepared challenges is meaningful. The evidential basis available for Turkish cases is extensive: Venice Commission and Council of Europe reports on the post-2016 judicial purge; ECHR judgments finding Article 5, 6, and 18 violations in post-2016 prosecutions; and documentary evidence specific to the individual case. Contact our team for advice on Turkey-connected extradition and Interpol cases. See our guidance on CCF challenges, Red Notice removal, and our Interpol lawyer Turkey page.

Turkey’s role in international extradition is dual: it is both an active requesting state (seeking individuals abroad) and a destination for individuals fleeing other jurisdictions. Turkey has cooperated informally with some extradition requests from Western states — particularly in narcotics and organised crime cases — but has become more selective post-2016 in its responses to Western requests. Individuals transiting Turkey should be aware of Red Notices active across all INTERPOL member states, as Turkish border control checks the I-24/7 system. The enforcement risk for individuals with active Red Notices is present whether Turkey is the requesting or receiving state.