🔹 INTRODUCTION
The illegal import, distribution, or trade of narcotic substances in Turkey is among the most heavily sanctioned offenses under Turkish criminal law. When this offense is committed by a foreign national, it entails not only criminal liability under the Turkish Penal Code (TPC) but also a series of consequences under international criminal law and immigration law. This article provides a detailed legal analysis of the relevant statutory provisions and practical implications.
🔹 I. Drug Trafficking Offense and Legal Grounds
1. Article 188 of the Turkish Penal Code – Manufacturing and Trafficking of Narcotic or Psychotropic Substances
The main regulation concerning drug trafficking is found in Article 188 of the Turkish Penal Code, which states:
“Any person who imports, exports, purchases, sells, transports, delivers or stores narcotic or psychotropic substances shall be sentenced to 20 to 30 years of imprisonment and a judicial fine of up to 20,000 days.”
This provision applies equally to Turkish citizens and foreign nationals. If the offense is committed within the borders of Turkey, Turkish courts have jurisdiction (TPC Art. 8 – Territorial jurisdiction).
2. Aggravated Forms of the Offense (TPC Art. 188/4)
The penalty is increased in the following cases:
- If the substance is sold to minors
- If the crime is committed near schools, hospitals, or other public institutions
- If committed within the scope of an organized crime group
In such cases, the minimum sentence increases to 30 years of imprisonment.
🔹 II. Liability of Foreign Nationals: Criminal and Immigration Dimensions
1. Criminal Jurisdiction Over Foreign Nationals (TPC Art. 8)
According to Turkish law, the location of the offense determines jurisdiction. Therefore, even if the perpetrator is a foreign national, if the crime occurred in Turkey, they are subject to Turkish criminal law.
2. Detention and Arrest
Foreign nationals suspected of drug trafficking are usually detained and arrested due to:
- Flight risk
- Risk of tampering with evidence
- Serious nature of the offense
Under Turkish law, drug offenses are considered catalogue crimes (Code of Criminal Procedure Art. 100), meaning arrest is highly likely.
3. Consular Notification (Vienna Convention – 1963)
Upon arrest, Turkish authorities are required to promptly notify the consulate of the foreign national’s home country. This obligation is in line with the Vienna Convention on Consular Relations, to which Turkey is a party.
🔹 III. The International Dimension of the Crime
Drug trafficking is often linked to transnational networks. Turkey is a party to various international conventions aimed at combating drug-related crimes, including:
- The 1961 Single Convention on Narcotic Drugs
- The 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna Convention)
- The Council of Europe Convention on Action against Trafficking in Narcotic Drugs
Thus, in cases involving foreign offenders:
- Interpol red notices
- Mutual legal assistance
- Extradition or deportation procedures may be triggered.
🔹 IV. Deportation and Removal of Foreign Nationals
After serving their sentence, foreign nationals convicted of drug trafficking in Turkey may be subject to deportationunder the Law on Foreigners and International Protection (LFIP, Law No. 6458).
LFIP Art. 54/1-a:
“Foreigners who engage in drug trafficking are considered a threat to public order or public security and may be deported.”
Additionally, those with finalized criminal convictions may also face a ban on re-entry to Turkey (LFIP Art. 9).
🔹 V. Case Law and Judicial Practice
- Court of Cassation, 10th Criminal Chamber, Case No: 2019/8270, Decision No: 2020/1234
The court upheld a 24-year prison sentence for a foreign national who attempted to smuggle drugs across a border checkpoint, citing clear intent and the commercial quantity of drugs carried. - Constitutional Court, App. No: 2016/25333
In a case where a foreign detainee claimed that their consulate had not been informed, the Court held that the right to a fair trial had not been violated, as legal assistance and due process had been ensured.
🔹 VI. Conclusion
In Turkey, drug trafficking is a serious criminal offense that carries severe penalties, especially for foreign nationals. When a foreign person commits this crime within Turkish territory, they are subject not only to national criminal law, but also to processes under international criminal and immigration law. For this reason, it is essential that the defense, trial procedures, and consular communications comply with both Turkish legal standards and international legal norms.
Yanıt yok