Turkey Extradition Law — Case Law, Legal Framework and Procedure

Extradition cases involving Turkey — Requested and Requesting State

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Turkey

Turkey Extradition Law & Case Law — 48 cases

Case Law
Specialty principle and family-life proportionality in extradition proceedings under Turkish Law
Summary
The case concerned an extradition request submitted by the Republic of Azerbaijan against Ç.N. for alleged fraud offences committed in 2016.The Bakırköy 22nd Heavy Penal Court found the extradition request admissible under Law No. 6706.The defence appealed.The Turkish Court of Cassation identified multiple procedural and substantive deficiencies in the extradition proceedings.First, the Court held that an additional extradition request transmitted during separate extradition proceedings involving the same requested person had not been processed in accordance with Articles 13 and 15 of Law No. 6706. The supplementary request should have been formally submitted through the Public Prosecutor’s Office and examined separately with full defence guarantees.Second, the Court emphasized the specialty principle under:- Article 14 of the European Convention on Extradition;- Article 10(4) of Law No. 6706.Because Azerbaijani authorities had not expressly guaranteed that the requested person would only be prosecuted for the offences forming the basis of extradition, the extradition file was considered incomplete.Third, the Court stressed that the lower court failed to assess proportionality and family-life considerations under Article 11(4) of Law No. 6706. The defence had argued that the requested person:- had long resided in Türkiye;- lived together with family members in Türkiye;- maintained stable employment and residence;- and had school-age children integrated into Turkish society.The Court held that these personal and family circumstances required individualized assessment before extradition admissibility could properly be determined.The judgment was therefore quashed.
16/12/2024 · Turkish Court of Cassation (Yargıtay), 11th Criminal Chamber · E. 2024/5904, K. 2024/15592
🇹🇷Turkey → 🇦🇿Azerbaijan
Rejected (procedural grounds)Extradition
Territorial Jurisdiction and Family-Life Proportionality in Extradition Proceedings under Turkish Law
Summary
The case concerned an extradition request submitted by the Federal Republic of Germany against G.B.F.E., a German national sought for fraud offences allegedly committed in 2018. According to German authorities, the requested person participated in an organized fraud scheme targeting elderly victims in Germany through telephone calls allegedly made from Türkiye.The İzmir 12th Heavy Penal Court found the extradition request admissible under Law No. 6706.The defence appealed, arguing inter alia that:- the requested person did not consent to extradition;- he had long resided in Türkiye;- he was married to a Turkish citizen;- he had a young child living in Türkiye;- extradition would disproportionately interfere with family life;- and he intended to apply for Turkish citizenship.The Turkish Court of Cassation held that the lower court failed to sufficiently investigate whether the alleged offences should legally be regarded as committed in Türkiye under Article 8 of the Turkish Criminal Code.The Court emphasized that:- Turkish law applies where acts are partially committed in Türkiye or where results occur in Türkiye;- the extradition file suggested that the alleged fraudulent telephone calls may have originated from Türkiye;- additional documents and clarification should therefore have been obtained.The Court further stressed that:the requested person’s long-term residence;- family integration;- Turkish spouse;- child living in Türkiye;- required a proportionality assessment under Article 11(4) of Law No. 6706.- The Court also identified deficiencies concerning specialty-principle guarantees under:- Article 10(4) of Law No. 6706;- Article 14 of the European Convention on Extradition.The extradition admissibility judgment was therefore quashed.
09/10/2023 · Turkish Court of Cassation (Yargıtay), 11th Criminal Chamber · E. 2023/4828, K. 2023/6902
🇹🇷Turkey → 🇩🇪Germany
Rejected (procedural grounds)Extradition
Country Contributor
Vahit Bıçak
Haraç Law & Consultancy
Prof. Dr. Vahit Bıçak is a Turkish attorney, expert of criminal law, criminal procedure law, and evidence law, and an internationally recognised practitioner specialising in extradition, INTERPOL Red Notices, cross-border criminal investigations, international judicial cooperation, white-collar crime, anti-money laundering (AML), sanctions-related proceedings, cybercrime, and transnational financial offences.
He is the Founder and Chairman of Bıçak Law Firm, a full-service law firm headquartered in Ankara with an additional office in Istanbul. The firm advises domestic and international clients in complex criminal, regulatory, compliance, and cross-border dispute matters involving multiple jurisdictions and international enforcement authorities.
Prof. Dr. Bıçak has more than three decades of professional experience in criminal law, criminal procedure law, international criminal cooperation, organised crime, financial crime, compliance, and regulatory investigations. His practice focuses particularly on extradition proceedings, INTERPOL Red Notice matters, European Arrest Warrant-related issues, international fraud investigations, money laundering and asset tracing, sanctions and export control investigations, cybercrime and digital evidence, corporate criminal liability, crossborder economic and business crimes, and international criminal defense and judicial cooperation.
He regularly advises individuals, executives, companies, and foreign legal teams in matters involving parallel criminal investigations, provisional arrests, mutual legal assistance, international arrest requests, and transnational financial enforcement proceedings.
Prof. Dr. Bıçak is widely recognised as a leading practitioner in Türkiye in the field of business criminal law and white-collar crime. He has advised on legislative and regulatory matters concerning fraud, corruption, bribery, anti-money laundering compliance, insider dealing, cybercrime, tax-related offences, financial misconduct, and organised criminal structures.
Prof. Dr. Bıçak graduated from the Faculty of Law of Ankara University and obtained his Ph.D. in Law from the University of Nottingham in the United Kingdom with a thesis concerning improperly obtained evidence and criminal procedure safeguards.
Throughout his academic and professional career, he has served as a visiting scholar and lecturer at several internationally recognised institutions, including the City University of New York and Fordham Law School in the United States, Lyon II University Faculty of Law in France, and the University of Maribor in Slovenia.
He has also held academic positions at leading Turkish universities, including Hacettepe University, Gazi University, Ankara Hacı Bayram Veli University, Bilkent University, Atılım University, and Başkent University. Since 1990, he has lectured extensively on criminal law, criminal procedure law, evidence law, organised crime, financial crime, international criminal cooperation, cybercrime, and business criminal law.
Prof. Dr. Bıçak has authored numerous academic and professional publications concerning criminal law, constitutional law, anti-money laundering regulation, cybercrime, evidence law, and comparative legal systems. His international publications include contributions to comparative legal publications and international legal guides relating to anti-money laundering, constitutional law, cybersecurity, and regulatory enforcement.
He currently serves as the Türkiye Ambassador of the International Sanctions & Export Control Society (ISECS) and as the White-Collar Crime Law Representative for Türkiye at Cross Border Advisory Solutions.
Under his leadership, Bıçak Law Firm maintains active international cooperation with foreign law firms, compliance professionals, academics, and legal practitioners across multiple jurisdictions in matters involving extradition, sanctions, INTERPOL, financial crime, cyber investigations, and international regulatory enforcement. Prof. Dr. Bıçak is fluent in Turkish and English.
Country Contributor
Ali Yildiz
Ali Yildiz Legal
He is a member of both the Ankara and Brussels Bar Associations and has been dedicatedly practicing law since 2004. His academic journey in law began with an LLB degree from the University of Ankara, followed by an LLM in International and European Law at Vrije Universiteit Brussel. He is fluent in Turkish, proficient in English, and has a basic understanding of Dutch.
He is a human rights lawyer and expert in individual applications to the European Court of Human Rights, UN Human Rights Mechanisms, the INTERPOL Commission for the Control of Files, and extradition and asylum procedures.
He completed expert witness training in the University of London. He is a member of the EIN’s Directory of Experts on Country of Origin. He provides expert witness reports on Turkish law in general, as well as on extradition and asylum cases. He has been involved as an expert witness in cases in the USA, the UK, Scotland and Belgium.
He is the author of several human rights monitoring reports on Turkey.
He is a regular legal writer, publishing on Verfassungsblog, Just Security, and with The International Association of Constitutional Law. He often provides comments to international media, including the Wall Street Journal, Al-Monitor, Balkan Insight, Turkish Minute, Ahval, Free Turkish Press, and The National.
He is a member of the Legal Experts Advisory Panel of Fair Trials, a member of Lawyers Against Transnational Repression, and the recipient of the ECBA Scott Crosby Human Rights Award 2025.
His dedication to the legal profession has been recognized through several international distinctions. In 2019, he was shortlisted as a finalist for the Lawyers for Lawyers Award, which honours lawyers who have shown exceptional courage and commitment to defending human rights and the rule of law. In 2021, he was invited to join the Legal Experts Advisory Panel of Fair Trials, a leading European NGO promoting fairness and justice in criminal proceedings. In 2025, he became one of the founding members of Lawyers Against Transnational Repression, an international network of legal professionals defending those targeted across borders. That same year, he was honoured with the Scott Crosby Human Rights Award by the European Criminal Bar Association (ECBA) in recognition of his work for human rights and the legal profession.
Country Contributor
Mehmet Fırat Can Haraç
Mehmet Fırat Can Haraç Law Firm
Mehmet Fırat Can Haraç is a Turkish criminal defence lawyer and a member of the Istanbul Bar Association. He has been practising law since 2020 and is based in Istanbul. He is currently pursuing an LL.M. in Public Law at Bahçeşehir University, with a particular academic interest in criminal law, criminal procedure and fundamental rights.

He is a native Turkish speaker, professionally proficient in English, and has a basic knowledge of Italian and French.

His practice focuses on criminal defence, extradition proceedings, international judicial cooperation in criminal matters, INTERPOL Red Notices and cross-border criminal cases.
His extradition experience includes representing a Russian national sought for extradition from Türkiye, as well as Turkish nationals whose extradition to Türkiye was sought from Italy. He has also worked on extradition cases involving Belgian and Greek nationals, providing legal opinions on issues arising under Turkish extradition law and procedure.
He has experience in INTERPOL-related matters and has prepared applications before the Commission for the Control of INTERPOL’s Files (CCF), particularly concerning Red Notices. His work in international criminal cooperation has a particular focus on the protection of fundamental rights and the human-rights implications of extradition, international arrest measures and other forms of cross-border criminal cooperation.
He has also prepared individual applications to the European Court of Human Rights concerning alleged violations of rights protected under the European Convention on Human Rights and closely follows the Court’s case law and proceedings.
Alongside his legal practice, Fırat is actively involved in international professional organisations. He serves as an Executive Officer of the European Young Bar Association (EYBA) and is involved in the Association’s work concerning the Council of Europe.
His principal professional interests include criminal defence, extradition law, INTERPOL mechanisms, international criminal cooperation, criminal procedure and the protection of fundamental rights in cross-border criminal proceedings.
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