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The applicant had been convicted in absentia in Türkiye. After it was discovered that he was located in Georgia, Turkish authorities sought extradition.To secure extradition, the Turkish trial court issued a formal assurance under Law No. 3732 implementing the Second Additional Protocol to the European Convention on Extradition, guaranteeing the applicant a renewed trial upon return.Following extradition, however, the domestic court rejected his retrial request.The court reasoned that the ordinary grounds for reopening under the Criminal Procedure Code were not satisfied.The Constitutional Court found this interpretation incompatible with the statutory retrial guarantee specifically governing extradition-based surrender. It held that the refusal rendered the prior extradition assurance ineffective and violated access to court.