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🇹🇷 Turkey →

2 cases found
Procedural Safeguards and Consent-Based Extradition under Turkish Law in an Extradition Request from Denmark
Summary
Under Turkish Law No. 6706 on International Judicial Cooperation in Criminal Matters, extradition proceedings must comply with procedural safeguards, including proper notification of the extradition request and clarification of whether the requested person consents to simplified extradition procedures. Failure to inform the requested person regarding consent-based extradition constitutes a procedural defect affecting defence rights.In extradition proceedings initiated upon a request from Denmark concerning organised-crime-related offences, the defence also relied on Articles 2 and 3 ECHR, alleging risks arising from organised criminal retaliation and insufficient state protection in the requesting State.The Turkish Court of Cassation held that the procedural defect required correction but ultimately upheld the admissibility of extradition.
12/01/2026 · Turkish Court of Cassation (Yargıtay), 5th Criminal Chamber · E. 2025/11836, K. 2026/84
🇹🇷Turkey → 🇩🇰Denmark
GrantedExtradition
Application of the speciality principle in Post-Extradition Criminal Proceedings
Summary
The case concerned criminal proceedings for theft against a defendant who had previously been extradited from Georgia to Türkiye on 7 February 2022.The lower court convicted the defendant.The defendant appealed, arguing inter alia that:- prosecution for the present offence violated the specialty principle because the offence was not mentioned in the extradition decision.The Turkish Court of Cassation examined:- the European Convention on Extradition;- Law No. 6706;- the Ministry of Justice Circular No. 69/4.The Court emphasized that under the specialty principle, an extradited person may only be:- prosecuted;- convicted;- or have a sentence enforcedfor offences that formed the basis of the extradition decision. The Court held that the lower court failed to verify whether the theft offence had been included within the extradition granted by Georgia. The Court ruled that:- extradition documents must first be obtained and reviewed;- if the theft offence was not covered, supplementary extradition consent must be requested from Georgian authorities.The conviction was therefore quashed.
02/10/2025 · Turkish Court of Cassation (Yargıtay), 2nd Criminal Chamber · E. 2025/10783, K. 2025/17117
🇹🇷Turkey → 🇬🇪Georgia
GrantedExtradition