🇹🇷 Turkey →

The case concerned an extradition request submitted by the Russian Federation against a person sought for the offence of establishing a criminal organization.The Ankara 33rd Heavy Penal Court found the extradition request admissible under Law No. 6706 and the bilateral treaty between Türkiye and the Russian Federation.The defence appealed, arguing inter alia that:- the extradition request contained contradictory and incomplete information;- the alleged conduct, place of commission, and applicable legal provisions were insufficiently specified;- the requested person risked politically motivated prosecution;- extradition could expose the requested person to torture, ill-treatment, or disproportionate punishment;- defence rights had been violated;- and proportionality and family circumstances had not been properly considered.The Turkish Court of Cassation held that:additional information and supporting evidence should have been requested from the Russian Federation;the alleged acts should have been concretely specified regarding place, time, and manner of commission;translated and certified evidentiary materials linking the requested person to the alleged offence should have been obtained;double criminality and limitation-period assessments required further clarification.The Court further found that:- the requested person had not properly been informed about consent-based extradition procedures;- defence rights had been restricted because extradition materials had not been properly disclosed;- specialty-principle guarantees had not been reflected in the judgment;- and the lower court failed to assess family integration, long-term residence, health conditions, and proportionality under Article 11(4) of Law No. 6706.The extradition admissibility judgment was therefore quashed.

The case concerned an extradition request submitted by the French Republic against a person sought for multiple offences connected with:- international drug trafficking;- money laundering;- organized criminal activity;- cross-border financial transfers.French judicial authorities alleged that the requested person participated between 2017 and 2021 in a transnational narcotics and financial-crime organization involving cocaine trafficking and laundering of criminal proceeds between France and foreign jurisdictions.The Kırklareli 2nd Heavy Penal Court found the extradition request admissible under Law No. 6706.The defence appealed, arguing inter alia that:- no sufficiently convincing evidence linked the requested person to the alleged offences;- extradition would disproportionately affect the requested person’s family life and social integration in Türkiye under Article 11(4) of Law No. 6706.The Turkish Court of Cassation partially accepted the appeal. The Court held that:- the extradition request failed to adequately explain the underlying criminal investigations;- the factual allegations concerning where, when, and how the offences were allegedly committed were insufficiently specified;- certified translated evidentiary materials demonstrating the requested person’s connection to the offences had not been provided.The Court further emphasized that extradition admissibility must be separately assessed for each offence forming the basis of the extradition request.Because the lower court failed to individually analyze the extradition conditions for each alleged offence, the judgment was quashed.

The case concerned an extradition request submitted by the Kingdom of Spain against a Croatian national sought for:- drug trafficking;- membership in a criminal organization.Spanish judicial authorities alleged that the requested person participated in an international cocaine-trafficking network involving approximately 980 kilograms of cocaine transported from Brazil toward Spain through maritime routes.Spanish authorities issued:- an international arrest warrant;- a European Arrest Warrant;- and a provisional detention order.The requested person was apprehended in İstanbul following intelligence and operational cooperation involving Europol and Turkish anti-narcotics authorities. A forged passport was allegedly discovered during the arrest.The Kırklareli 1st Heavy Penal Court found the extradition request admissible under Law No. 6706.The defence appealed, arguing inter alia that:- the extradition request insufficiently specified the offences and applicable legal provisions;- the alleged offence may not have fallen within Spanish territorial jurisdiction because the narcotics seizure occurred on the high seas;- the organization offence had not been separately analyzed;- fair-trial and defence-right guarantees had not been sufficiently examined;- family and social integration circumstances had not been assessed under Article 11(4) of Law No. 6706.The Turkish Court of Cassation partially accepted these objections. The Court held that:- extradition admissibility must be separately assessed for each offence forming the basis of the request;- the lower court failed to separately evaluate the “membership in a criminal organization” allegation;- Spanish authorities had not sufficiently provided the applicable legal provisions and explanatory legal framework required under Article 12(2)(c) of the European Convention on Extradition;- supplementary information should therefore have been requested pursuant to Article 18(2) of Law No. 6706 and Article 13 ECE.The extradition admissibility judgment was therefore quashed.

The case concerned an extradition request submitted by Belgium against an Albanian national sought for prosecution for:- organized drug trafficking;- participation in a criminal organization.Belgian judicial authorities alleged that the requested person participated in a criminal organization involved in large-scale narcotics trafficking and that approximately 3.2 tons of narcotics were connected to the investigation. Belgian authorities issued:- an arrest warrant;- an Interpol Red Notice.The requested person had previously acquired Turkish citizenship exceptionally by Presidential decision in 2020, but his citizenship was later revoked in 2023 on national-security and public-order grounds.The requested person challenged the citizenship-revocation decision before the Council of State (Danıştay), and the administrative litigation remained pending during extradition proceedings.The requested person additionally filed an international-protection application before Turkish migration authorities.The Çankırı Heavy Penal Court found the extradition request admissible.The defence appealed, arguing inter alia that:- the Belgian extradition request lacked sufficiently concrete factual and evidentiary detail;- no adequate explanation existed regarding where, when, and how the alleged offences were committed;- specialty-principle guarantees had not been provided;- pending citizenship and asylum proceedings had not been resolved;- extradition would disproportionately affect the requested person’s family life and children residing in Türkiye.The Turkish Court of Cassation accepted these objections. The Court held that:- the outcome of the citizenship-revocation litigation and international-protection proceedings should have been awaited;- Belgian authorities had not sufficiently substantiated the allegations with concrete evidence such as: bank-transfer records; Sky ECC communication contents; and other investigative materials; - proportionality analysis under Article 11(4) of Law No. 6706 had not been adequately conducted;- Belgium had failed to provide an explicit specialty-principle undertaking under: Article 10(4) of Law No. 6706; Article 14 ECE.The extradition admissibility judgment was therefore quashed.