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2 cases found
Specialty Principle and Supplementary Information Requirements in Extradition Proceedings under Turkish Law
Summary
The case concerned an extradition request submitted by the Republic of Uzbekistan against N.K., an Uzbek national sought for offences including embezzlement, extortion, and forgery-related crimes allegedly committed between 2015 and 2017.The Istanbul Anatolian 17th Heavy Penal Court found the extradition request inadmissible under Article 10(2) of Law No. 6706, reasoning that the offences were punishable alternatively by fines or corrective labour measures rather than mandatory imprisonment.The public prosecutor appealed.The Turkish Court of Cassation held that the lower court had incorrectly interpreted Article 10(2) of Law No. 6706. The Court emphasized that the relevant Uzbek offences also carried custodial sentences exceeding one year and therefore satisfied the extraditability threshold.The Court further found that additional information should have been requested from Uzbekistan concerning:- whether restitution of the alleged financial damage affected continuation of criminal proceedings;- whether the requesting State still intended to pursue extradition;- and whether Uzbekistan would comply with the specialty principle by limiting prosecution to the offences forming the basis of extradition.The Court concluded that the lower court prematurely rejected the extradition request without obtaining the necessary supplementary information and assurances.The judgment was therefore quashed.
06/01/2025 · Turkish Court of Cassation (Yargıtay), 11th Criminal Chamber · E. 2024/5625i K. 2025/82
🇹🇷Turkey → 🇺🇿Uzbekistan
Rejected (procedural grounds)Extradition
Transition from Former Turkish Extradition Regime to Law No. 6706 in Extradition Proceedings
Summary
The case concerned an extradition request submitted by the Republic of Bulgaria against a Bulgarian national convicted of intentional homicide. According to the extradition materials, Bulgarian judicial authorities alleged that the requested person intentionally killed another Bulgarian citizen on 6 May 2003. The requested person was convicted and sentenced to aggravated imprisonment for 18 years following appellate review before Bulgarian courts. The conviction became final after review by the Bulgarian Supreme Court. After leaving Bulgaria, the requested person became internationally wanted through an Interpol Red Notice.Following apprehension in Türkiye, Bulgarian authorities transmitted an extradition request through the Turkish Ministry of Justice pursuant to the European Convention on Extradition.The Heavy Penal Court found the extradition request admissible.The defence appealed.During appellate review, Law No. 6706 on International Judicial Cooperation in Criminal Matters entered into force and repealed former Article 18 TCK.The Turkish Court of Cassation held that:- the legislative amendment did not materially alter the requested person’s legal position;- extradition conditions remained satisfied under the new law;- the extradition request complied with: Law No. 6706; the European Convention on Extradition; the European Convention on Human Rights.The Court therefore corrected the legal basis of the judgment by replacing the reference to former Article 18 TCK with Law No. 6706 and upheld the extradition admissibility decision.
20/06/2016 · Turkish Court of Cassation (Yargıtay), 1st Criminal Chamber · E. 2016/2892, K. 2016/3163
🇹🇷Turkey → 🇧🇬Bulgaria
GrantedExtradition