🇹🇷 Turkey → 🇬🇪 Georgia

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.