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1 case foundUnlawful prolonged extradition detention due to failure of periodic judicial review
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Summary
The applicant, an Iranian passport holder sought by Azerbaijani authorities for fraud-related offences, was detained in Türkiye for extradition purposes following an Interpol Red Notice. The applicant consented to extradition under the simplified surrender procedure.Although the extradition itself was accepted as lawful, the Constitutional Court held that Turkish judicial authorities failed to comply with the statutory requirement under Law No. 6706 to review detention at thirty-day intervals.The applicant remained detained for an extended period pending surrender without regular judicial supervision and without decisions on repeated release applications.The Court concluded that this omission rendered the detention unlawful under Article 19 of the Constitution. Compensation was awarded.
19/12/2023 · Constitutional Court of Türkiye · Application No. 2021/28076
🇦🇿Azerbaijan → 🇹🇷Turkey
Unlawful DetentionExtradition