🇹🇷 Turkey →

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.

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.