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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.

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.