Introduction
With the acceleration of globalization, crime has increasingly transcended national borders. Transnational crimes such as terrorism, human trafficking, cybercrime, money laundering, and international organized criminal networks affect not only security and intelligence units but also have a direct impact on the legal profession. This article examines the scope of authority, duties, and professional responsibilities of lawyers in combating transnational crimes within the framework of Turkish law, international criminal law, and professional ethics.
1. The Concept and Legal Definition of Transnational Crime
The term “transnational crime” is primarily defined in the United Nations Convention against Transnational Organized Crime (Palermo Convention). According to this framework, a crime is considered transnational if at least one of the following criteria is met:
- The crime is committed in more than one state,
- The crime is committed in one state but has substantial effects in another,
- The crime is carried out by an organized group operating across borders,
- The crime causes significant harm to multiple states economically or socially.
2. Lawyers’ Intervention and Legal Basis in Transnational Crimes
a) Defense Authority under Criminal Procedure Law
According to the Turkish Criminal Procedure Code, the defense counsel has the authority to represent the suspect or accused at all stages of the investigation and prosecution. This authority extends to proceedings involving international judicial cooperation. Lawyers may represent clients in extradition requests, international arrest warrants, and Interpol red notice proceedings.
b) Representation Before the European Court of Human Rights (ECtHR)
When a person’s rights are allegedly violated during the investigation of a transnational crime, lawyers are authorized to represent them before the ECtHR. This requires lawyers to have expertise in international human rights law, as well as the procedural nuances of individual applications to international courts.
c) Representation Before Foreign Courts
In cases where the client is prosecuted in a foreign country, Turkish lawyers may not have direct representation rights unless they cooperate with a lawyer registered with the foreign bar. In such cases, co-counsel agreements, notarized powers of attorney, and consular legalizations are essential procedural steps.
3. The Role of Lawyers in Transnational Crimes
a) Legal Intervention at the Time of Arrest
Lawyers must be familiar with the procedural laws of the country where their client is arrested and work in coordination with a locally authorized lawyer. In arrests occurring at international airports, swift legal intervention is often critical to protecting rights from the outset.
b) Defense in Extradition Procedures
In extradition proceedings conducted under the Law on International Judicial Cooperation in Criminal Matters, the lawyer evaluates both the legal grounds for extradition and any potential human rights violations that may occur upon extradition. The ECtHR has ruled that extradition to countries where there is a risk of ill-treatment is prohibited (Soering v. United Kingdom).
c) Monitoring Cybercrime Investigations
Cybercrimes often involve IP addresses and servers located in different jurisdictions, making them subject to multinational investigations. Lawyers play a crucial role in ensuring the chain of custody for digital evidence is respected and that their clients are informed about issues such as data protection and cross-border transfer of personal data.
4. Lawyers and the International Criminal Courts
The International Criminal Court (ICC) has jurisdiction over serious crimes such as genocide, crimes against humanity, and war crimes. Although Turkey is not a party to the Rome Statute, Turkish citizens or crimes committed on Turkish territory can still be subject to ICC proceedings. Defense before the ICC is reserved for lawyers registered on the ICC’s list of counsel, and Turkish lawyers can apply to be included on this list and represent clients in such international proceedings.
5. Professional Ethics and Responsibilities
While combating transnational crimes, lawyers must uphold the fundamental rights of their clients and adhere strictly to ethical principles. Key obligations include:
- Confidentiality of client information,
- Respect for the legal systems of foreign jurisdictions,
- Avoidance of conflicts of interest,
- Compliance with the right to a fair trial in international proceedings.
Conclusion and Evaluation
The proliferation of transnational crimes shows that practicing law based solely on national legal knowledge is no longer sufficient. A modern criminal defense lawyer must possess comprehensive knowledge of international criminal law, human rights law, and mechanisms of judicial cooperation. Effective legal intervention by lawyers in this domain directly influences not only the protection of individual rights but also the realization of justice on a global scale.
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