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🇹🇷 Turkey → 🇳🇱 Netherlands

1 case found
Retrial Guarantees and Extradition following in absentia convictions under Turkish Law
Summary
The case concerned an extradition request submitted by the Netherlands against a Dutch national born in Ghana who had been convicted in absentia for organized criminal offences involving narcotics trafficking, money laundering, bribery, and criminal organization leadership. Dutch judicial authorities alleged that the requested person participated in:- cocaine importation and trafficking;- laundering of criminal proceeds;- bribery;- organized criminal activities.The Amsterdam Criminal Court sentenced the requested person in absentia to 12 years’ imprisonment.Dutch authorities subsequently issued:- an arrest warrant;- an Interpol Red Notice.The requested person was later apprehended in Türkiye in connection with separate Turkish investigations involving:- criminal organization offences;- money laundering allegations.Dutch authorities formally requested extradition for enforcement of the Dutch conviction.The İstanbul 33rd Heavy Penal Court found the extradition request admissible under Law No. 6706.The defence appealed, arguing inter alia that:- the conviction had been rendered in absentia;- retrial guarantees were insufficient;- the requested person would face racial discrimination because he was Black and Ghanaian-born;- detention measures were unlawful;- defence rights had been restricted.The Turkish Court of Cassation rejected these objections. The Court held that:- Dutch judicial authorities had provided adequate guarantees under Article 3 of the Second Additional Protocol to the European Convention on Extradition;- the requested person would be entitled to participate in renewed appellate proceedings;- no concrete evidence existed indicating discriminatory prosecution, torture, or ill-treatment risks;- procedural defence rights during Turkish extradition proceedings had been respected;- detention measures were lawful and proportionate.The Court therefore upheld the extradition admissibility judgment.
03/04/2024 · Turkish Court of Cassation (Yargıtay), 8th Criminal Chamber · E. 2024/4721, K. 2024/3037
🇹🇷Turkey → 🇳🇱Netherlands
GrantedExtradition