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🇹🇷 Turkey → 🇮🇹 Italy
1 case foundDouble Criminality and Enforcement of Foreign Convictions in Extradition Proceedings under Turkish Law
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Summary
The case concerned an extradition request submitted by the Italian Republic against a person sought for:- intentional homicide;- firearms offences.Italian judicial authorities had issued a final sentence totaling 22 years’ imprisonment, and an international arrest warrant had been circulated through an Interpol Red Notice.The requested person was located in an immigration removal centre in Erzurum pending deportation proceedings.The Erzurum 3rd Heavy Penal Court found the extradition request admissible under Law No. 6706 and the European Convention on Extradition.The defence appealed, arguing inter alia that:- fair-trial rights had been violated;- extradition conditions had not been satisfied.The Turkish Court of Cassation upheld the extradition admissibility decision.The Court emphasized that:- the requested person was not a Turkish citizen;- the offences also constituted offences under Turkish criminal law;- the offences were neither political nor military offences;- the offences did not fall within Turkish territorial jurisdiction;- the prosecution was not time-barred;- and no evidence existed suggesting discriminatory prosecution, torture, or ill-treatment risks in Italy.The Court therefore concluded that the extradition request satisfied the requirements of Law No. 6706 and the European Convention on Extradition.
27/03/2024 · Turkish Court of Cassation (Yargıtay), 1st Criminal Chamber · E. 2023/8585, K. 2024/2091
🇹🇷Turkey → 🇮🇹Italy
GrantedExtradition