Sweden

The case concerned an extradition request submitted by Sweden against a Swedish national sought for prosecution for aggravated narcotics trafficking. Swedish judicial authorities alleged that the requested person committed large-scale narcotics offences in Stockholm between early 2020 and 2 May 2020. The Solna District Court issued a detention order and Swedish authorities circulated an Interpol Red Notice requesting extradition.The requested person resided in Türkiye under a temporary residence permit issued in Muğla.The Fethiye 1st Heavy Penal Court found the extradition request admissible under Law No. 6706.The defence appealed, arguing inter alia that:- the extradition judgment had not properly been translated and explained;- detention was disproportionate;- Türkiye possessed jurisdiction under Article 13 TCK;- extradition would expose the requested person to anti-Muslim discrimination in Sweden.The Turkish Court of Cassation rejected these objections but partially corrected the lower court’s legal reasoning. The Court held that:- narcotics trafficking offences fall within Türkiye’s universal jurisdiction under Article 13 TCK;- however, Sweden possessed primary territorial jurisdiction because the alleged offences occurred in Sweden;- Türkiye’s jurisdiction in such cases was supplementary rather than exclusive.The Court therefore concluded that:- extradition remained legally permissible despite the existence of Turkish universal jurisdiction.The Court additionally held that:- no evidence existed indicating discriminatory prosecution or torture risk;- procedural defence rights had been respected;- the extradition request satisfied the requirements of the European Convention on Extradition and Law No. 6706.The judgment was therefore corrected and upheld.