Greece Extradition Law — Case Law, Legal Framework and Procedure
Extradition cases involving Greece — Requested and Requesting State
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Case Law
Territorial Jurisdiction and Statute of Limitations as Grounds for Refusal of Extradition under Turkish Law
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Summary
The case concerned an extradition request submitted by Greece against a Ukrainian national convicted of migrant smuggling.Greek judicial authorities alleged that the requested person transported ten Iraqi nationals from İstanbul toward Greece in June 2001. The Greek Chalkida Three-Member Criminal Court sentenced the requested person to:- 9 years and 1 month imprisonment;- a substantial monetary fine.Greek authorities subsequently initiated extradition proceedings for enforcement of the sentence.The Bakırköy 3rd Heavy Penal Court found the extradition request admissible.The Turkish Court of Cassation quashed the judgment. The Court first provided a broad doctrinal explanation of extradition law under:- the Turkish Constitution;- the European Convention on Extradition;- Turkish Criminal Code Article 18.The Court emphasized that extradition must be refused where:- the offence falls within Turkish territorial jurisdiction;- or prosecution is time-barred.Applying Article 8 of the Turkish Criminal Code, the Court held that the alleged migrant-smuggling offence was deemed partially committed in Türkiye because the migrants were allegedly transported from İstanbul toward Greece.The Court further held that:- the alleged conduct constituted an offence under Turkish law at the relevant time;- the applicable Turkish limitation period had expired.The Court therefore concluded that extradition was legally impermissible under:- Article 7(1) ECE;- Article 10 ECE;- Article 18(1)(d-e) TCK.The Court additionally identified several procedural deficiencies, including:- absence of adequate identification materials;- failure to provide the requested person with the right of final statement;- insufficient reasoning in the judgment.The extradition admissibility judgment was quashed and the requested person was ordered released.
23/01/2013 · Turkish Court of Cassation (Yargıtay), 9th Criminal Chamber · E. 2012/10020, K. 2013/1180
🇹🇷Turkey → 🇬🇷Greece
DeniedExtraditionCountry Contributor
Georgios Fouskarinis
Karydas – Fouskarinis & Associates Law Office
Georgios Fouskarinis is Managing Partner at Karydas – Fouskarinis & Associates Law Office, focusing on complex criminal litigation, white collar crime, extradition proceedings and cross-border litigation.
He is admitted to the Athens Bar Association and holds an LL.M. in Criminal Law, Criminal Procedure and Human Rights from the National and Kapodistrian University of Athens, where he is also a PhD c. in Criminal Law. He has been a Visiting Researcher at the Max Planck Institute for Foreign and International Criminal Law in Freiburg.
His practice encompasses the full spectrum of criminal defense work, including organized crime, financial crime, fraud, money laundering, corruption-related offences, corporate criminal liability and criminal investigations involving individuals and businesses.
He regularly advises domestic and international clients facing criminal exposure in Greece and has significant experience in matters involving international judicial cooperation.
Georgios has developed a particular focus on extradition proceedings, European Arrest Warrants and Interpol-related matters. He has successfully represented foreign nationals in criminal proceedings before the Greek courts and has advised clients in cases involving multiple jurisdictions, international arrest requests and cross-border enforcement mechanisms.
In addition to his litigation practice, he has acted as a legal expert on Greek law before courts and legal proceedings in the United Kingdom and the United States, providing expert opinions on issues of Greek criminal law, criminal procedure and extradition law.
His professional approach combines courtroom advocacy, strategic litigation and rigorous academic analysis. He is known for developing legally sophisticated defense strategies in complex criminal matters and for advising clients on criminal risk management in situations involving Greece.
He regularly publishes in legal journals and acts as a scientific associate in legal publications.
He is admitted to the Athens Bar Association and holds an LL.M. in Criminal Law, Criminal Procedure and Human Rights from the National and Kapodistrian University of Athens, where he is also a PhD c. in Criminal Law. He has been a Visiting Researcher at the Max Planck Institute for Foreign and International Criminal Law in Freiburg.
His practice encompasses the full spectrum of criminal defense work, including organized crime, financial crime, fraud, money laundering, corruption-related offences, corporate criminal liability and criminal investigations involving individuals and businesses.
He regularly advises domestic and international clients facing criminal exposure in Greece and has significant experience in matters involving international judicial cooperation.
Georgios has developed a particular focus on extradition proceedings, European Arrest Warrants and Interpol-related matters. He has successfully represented foreign nationals in criminal proceedings before the Greek courts and has advised clients in cases involving multiple jurisdictions, international arrest requests and cross-border enforcement mechanisms.
In addition to his litigation practice, he has acted as a legal expert on Greek law before courts and legal proceedings in the United Kingdom and the United States, providing expert opinions on issues of Greek criminal law, criminal procedure and extradition law.
His professional approach combines courtroom advocacy, strategic litigation and rigorous academic analysis. He is known for developing legally sophisticated defense strategies in complex criminal matters and for advising clients on criminal risk management in situations involving Greece.
He regularly publishes in legal journals and acts as a scientific associate in legal publications.
Country Contributor
Alexis Anagnostakis
Anagnostakis Law Offices
Driven by a deep passion for justice, Alexis Anagnostakis has dedicated his career to defending human rights and upholding the rule of law.
Born in Athens in 1978 and a graduate of the Law School of the National and Kapodistrian University of Athens (2001), he is a barrister with over two decades of experience in criminal law, practising under the Athens Bar Association with rights of audience before the Hellenic Supreme Court and the Council of State.
He is admitted to the International Criminal Court's List of Counsel, defending individuals accused of war crimes, crimes against humanity, and genocide, while safeguarding their right to a fair trial and navigating the complexities of international criminal justice.
As a member of the International Criminal Court Bar Association, he advances international criminal law principles through professional development, advocacy, and the exchange of legal expertise.
Separately, he is regularly instructed as an expert witness on Greek criminal procedure and human rights compliance in extradition proceedings before the UK's Westminster Magistrates' Court.
Throughout his career, he has focused on safeguarding human rights, fair trials, and the rule of law in Europe, holding key positions including:
• Human Rights Officer and Chairman of the ECBA Human Rights Committee
• Advisory Board Member of the European Criminal Bar Association
• International Officer of the Defence Extradition Lawyers Forum (UK)
• Co-Chair of the European Criminal Justice Observatory
• Member of the Coalition's Steering Committee for Endangered Lawyers' Day 2024
Within the Council of Bars and Law Societies of Europe (CCBE), he serves on the Criminal Law, Human Rights, and Anti-Money Laundering Committees, and the Surveillance Working Group. He is also active in the European Fraud and Compliance Lawyers, the Victims of Crime Association of Lawyers, and Friends of ERA.
As a member of the European Commission's Expert Group on Anti-SLAPP, he contributes expertise on strategic lawsuits against public participation and EU rule-of-law policy — work that is distinct from, and additional to, his extradition practice noted above. His litigation practice extends to successful representations before the European Court of Human Rights, the Court of Justice of the European Union, and the UN Working Group on Arbitrary Detention, with publications in Greek and European legal journals.
Born in Athens in 1978 and a graduate of the Law School of the National and Kapodistrian University of Athens (2001), he is a barrister with over two decades of experience in criminal law, practising under the Athens Bar Association with rights of audience before the Hellenic Supreme Court and the Council of State.
He is admitted to the International Criminal Court's List of Counsel, defending individuals accused of war crimes, crimes against humanity, and genocide, while safeguarding their right to a fair trial and navigating the complexities of international criminal justice.
As a member of the International Criminal Court Bar Association, he advances international criminal law principles through professional development, advocacy, and the exchange of legal expertise.
Separately, he is regularly instructed as an expert witness on Greek criminal procedure and human rights compliance in extradition proceedings before the UK's Westminster Magistrates' Court.
Throughout his career, he has focused on safeguarding human rights, fair trials, and the rule of law in Europe, holding key positions including:
• Human Rights Officer and Chairman of the ECBA Human Rights Committee
• Advisory Board Member of the European Criminal Bar Association
• International Officer of the Defence Extradition Lawyers Forum (UK)
• Co-Chair of the European Criminal Justice Observatory
• Member of the Coalition's Steering Committee for Endangered Lawyers' Day 2024
Within the Council of Bars and Law Societies of Europe (CCBE), he serves on the Criminal Law, Human Rights, and Anti-Money Laundering Committees, and the Surveillance Working Group. He is also active in the European Fraud and Compliance Lawyers, the Victims of Crime Association of Lawyers, and Friends of ERA.
As a member of the European Commission's Expert Group on Anti-SLAPP, he contributes expertise on strategic lawsuits against public participation and EU rule-of-law policy — work that is distinct from, and additional to, his extradition practice noted above. His litigation practice extends to successful representations before the European Court of Human Rights, the Court of Justice of the European Union, and the UN Working Group on Arbitrary Detention, with publications in Greek and European legal journals.
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