🇹🇷 Turkey →

The case concerned an extradition request submitted by Hungary against an Austrian citizen of Turkish origin sought for prosecution for attempted intentional homicide. According to the extradition materials, Hungarian judicial authorities alleged that the requested person attempted to kill another individual in Hungary on 25 June 2011. Hungarian authorities initiated criminal proceedings and issued:- a detention order;- an international arrest warrant.The requested person entered Türkiye and was apprehended in İstanbul on 12 October 2013. Turkish judicial authorities ordered detention pending extradition proceedings.Hungarian 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 under Article 18 TCK.The defence appealed, arguing inter alia that:- although the requested person had lost Turkish citizenship, he continued benefiting from rights granted to former Turkish citizens;- extradition should therefore be refused;- and Türkiye should exercise jurisdiction itself.The Turkish Court of Cassation rejected these objections. The Court held that:- the requested person had formally lost Turkish citizenship pursuant to a Council of Ministers decision;- the requested person was therefore not protected by the constitutional rule prohibiting extradition of Turkish citizens;- the alleged offence also constituted an offence under Turkish criminal law;- the extradition request complied with: Article 18 TCK; Article 6 ECHR; the European Convention on Extradition.The Court therefore upheld the extradition admissibility judgment.