1. What Is Extradition in Criminal Law?
In criminal law, extradition means the surrender of a person found in one state to another state for criminal prosecution or for the enforcement of a final sentence. Under Turkish practice, extradition applies to suspects, defendants and convicted persons who are requested by a foreign state or whose return is requested by Turkey from another state. The Turkish Ministry of Justice describes extradition as both a judicial and political process involving the surrender of a person to the requesting state.
Extradition is not a simple police action. It combines international law, criminal procedure, human rights law, diplomatic relations and state sovereignty. For this reason, the existence of an Interpol red notice does not automatically mean that a person will be extradited. A red notice may lead to location, arrest or provisional detention, but extradition itself requires a separate legal process.
2. Legal Basis of Extradition in Turkey
The main legal basis of extradition in Turkey is Law No. 6706 on International Judicial Cooperation in Criminal Matters. Extradition may also be based on bilateral treaties, multilateral conventions, customary international law and the principle of reciprocity. According to the Ministry of Justice, extradition proceedings are carried out under Law No. 6706, treaties in force between Turkey and the relevant state, and, where no treaty exists, customary international law and reciprocity.
One of the most important multilateral instruments is the European Convention on Extradition and its additional protocols. Turkey is a party to the Convention and its protocols; therefore, extradition between Turkey and many European states is generally governed by that framework.
The Turkish Constitution also contains a fundamental rule: except for obligations arising from being a party to the International Criminal Court, a Turkish citizen cannot be extradited to a foreign country for a criminal offence. This constitutional safeguard is especially important in cases where the requested person claims Turkish citizenship.
3. The Central Authority in Turkey
The central authority for extradition in Turkey is the Ministry of Justice. Under Law No. 6706, the Ministry of Justice is designated as the central authority, and in practice many extradition matters are handled through the Directorate General for Foreign Relations and European Union Affairs.
The central authority examines incoming extradition requests, checks whether documents are complete, may request additional information, and forwards legally sufficient requests to the competent public prosecutor’s office before the relevant high criminal court. When Turkey requests extradition from another state, the extradition file is also prepared and reviewed through the central authority.
4. Turkey as the Requesting State
Turkey may request the extradition of a suspect, defendant or convicted person who is abroad. Under Article 22 of Law No. 6706, Turkey may seek extradition for offences punishable by imprisonment with an upper limit of at least one year. For final convictions, the imposed prison sentence must be at least four months.
A Turkish extradition request usually includes identity details, the legal description of the offence, a summary of facts, evidence, arrest warrant, indictment or judgment, limitation period information, applicable legal provisions, detention details and the treaty basis of the request. The Ministry of Justice emphasizes that extradition requests should be written in clear, simple and understandable language, because overly long or complex wording may cause translation problems and misunderstandings before foreign authorities.
5. Turkey as the Requested State
A foreign state may request the extradition of a non-Turkish citizen found in Turkey. Under Article 10 of Law No. 6706, a foreigner who is under investigation, prosecution or conviction for an offence committed abroad may be extradited upon request for the purpose of completing criminal proceedings or enforcing a sentence.
The process generally begins with the foreign state submitting the extradition request through diplomatic or central authority channels. The Ministry of Justice reviews the request. If the request is considered legally sufficient, it is sent to the competent public prosecutor’s office and then to the high criminal court. The court decides whether the extradition request is legally admissible. If the court finds the request admissible, the final execution of extradition depends on the opinion of the relevant ministries, the proposal of the Minister of Justice and the approval of the President.
6. Double Criminality Requirement
One of the core requirements of extradition is double criminality. This means that the act must constitute a criminal offence both under the law of the requesting state and under Turkish law. In investigation or prosecution cases, the offence must be punishable by imprisonment with an upper limit of at least one year; for final convictions, the imposed sentence must be at least four months.
The names of the offences do not have to be identical in both legal systems. What matters is whether the underlying conduct is criminal under both laws. This principle prevents a person from being surrendered for conduct that Turkish law does not criminalize.
7. Grounds for Refusal of Extradition
Extradition is not possible in every case. Article 11 of Law No. 6706 sets out several mandatory and discretionary refusal grounds. A Turkish citizen cannot be extradited, except for obligations related to the International Criminal Court. Extradition must also be refused where there are strong reasons to believe that the person would be prosecuted, punished, tortured or subjected to ill-treatment because of race, ethnic origin, religion, nationality, membership of a particular social group or political opinion.
Other refusal grounds include political offences, offences connected with political offences, purely military offences, offences falling within Turkey’s jurisdiction, limitation or amnesty, previous acquittal or conviction in Turkey for the same act, and the risk of death penalty or punishment incompatible with human dignity. Genocide and crimes against humanity are not treated as political offences.
In practice, defence in extradition cases often focuses on citizenship, territorial jurisdiction, political offence arguments, limitation periods, double jeopardy, risk of torture or ill-treatment, and the sufficiency of the requesting state’s documents.
8. Red Notice, Diffusion Message and Provisional Arrest
A red notice is an Interpol notice used to seek the location and provisional arrest of a wanted person for extradition purposes. A diffusion message is a faster communication sent between Interpol units when urgent action is needed before or instead of a red notice. However, neither a red notice nor a diffusion message is an extradition judgment.
If a person is located in Turkey based on a red notice or diffusion message, Turkish authorities may examine whether the alleged offence is extraditable and whether there is sufficient evidence. If the person is arrested, the case is brought before judicial authorities. The magistrate judge may order provisional arrest, judicial control or release. Under the European Convention on Extradition framework, provisional arrest may last at least 18 days and at most 40 days pending the formal extradition documents.
9. Extradition Proceedings Before the High Criminal Court
Extradition proceedings are conducted before the competent high criminal court. If the requested person does not consent to simplified extradition, the court holds a hearing and examines whether the extradition request is admissible under Law No. 6706 and the relevant international treaties.
The court does not conduct a full criminal trial on the merits. It does not decide whether the person is guilty. Instead, it reviews whether the legal conditions for extradition exist. This review may include the nature of the offence, evidence, limitation periods, citizenship, human rights risks, political offence claims and double criminality.
The court’s decision may be appealed. Under Law No. 6706, the Court of Cassation is expected to review such appeals within three months; after the decision becomes final, the file is returned to the central authority.
10. Consent-Based Extradition
Consent-based extradition is a simplified and faster procedure. If the requested person consents to extradition, this consent is recorded in the hearing minutes. The court still examines whether the request is legally admissible. The person is also informed about the rule of speciality and asked whether they waive that protection.
The rule of speciality means that the extradited person may be tried or punished only for the offence on which the extradition decision is based. It prevents the requesting state from using extradition as a way to prosecute the person for unrelated offences.
11. Extradition and Deportation Are Different
Extradition and deportation are separate legal mechanisms. Extradition is a judicial cooperation process based on a criminal request by another state. Deportation is an administrative immigration measure. Under Law No. 6706, a foreigner cannot be deported during the extradition process without the opinion of the central authority, and cannot be deported to the state whose extradition request has been refused without that opinion.
This distinction is crucial. A state should not bypass extradition safeguards by simply deporting a person to the requesting state. Where there is a risk of torture, ill-treatment, death penalty, political persecution or unfair trial, deportation may also be subject to strict legal review.
12. Conclusion
Extradition in Turkish criminal law is a technical, multi-stage and rights-sensitive process. It involves Law No. 6706, the Turkish Constitution, international treaties, Interpol mechanisms, court review, human rights standards and final executive approval.
Whether a person will be extradited depends on many factors: citizenship, double criminality, territorial jurisdiction, limitation periods, political offence claims, risk of ill-treatment, death penalty concerns, previous judgments and the sufficiency of the extradition file. For this reason, extradition cases require not only criminal law knowledge but also a strong understanding of international criminal law, human rights law and international judicial cooperation practice.
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