🇹🇷 Turkey → 🇷🇺 Russia

The case concerned an extradition request submitted by the Russian Federation against a person sought for the offence of establishing a criminal organization.The Ankara 33rd Heavy Penal Court found the extradition request admissible under Law No. 6706 and the bilateral treaty between Türkiye and the Russian Federation.The defence appealed, arguing inter alia that:- the extradition request contained contradictory and incomplete information;- the alleged conduct, place of commission, and applicable legal provisions were insufficiently specified;- the requested person risked politically motivated prosecution;- extradition could expose the requested person to torture, ill-treatment, or disproportionate punishment;- defence rights had been violated;- and proportionality and family circumstances had not been properly considered.The Turkish Court of Cassation held that:additional information and supporting evidence should have been requested from the Russian Federation;the alleged acts should have been concretely specified regarding place, time, and manner of commission;translated and certified evidentiary materials linking the requested person to the alleged offence should have been obtained;double criminality and limitation-period assessments required further clarification.The Court further found that:- the requested person had not properly been informed about consent-based extradition procedures;- defence rights had been restricted because extradition materials had not been properly disclosed;- specialty-principle guarantees had not been reflected in the judgment;- and the lower court failed to assess family integration, long-term residence, health conditions, and proportionality under Article 11(4) of Law No. 6706.The extradition admissibility judgment was therefore quashed.

The case concerned an extradition request submitted by the Russian Federation against an Uzbek national sought for:- murder committed to conceal another offence;- armed robbery committed by multiple offenders.The requested person was internationally sought through an Interpol Red Notice issued by Russian authorities.The İstanbul 15th Heavy Penal Court found the extradition request admissible under Law No. 6706 and the bilateral treaty between Türkiye and the Russian Federation.The defence appealed, arguing inter alia that:- the extradition materials had not been sufficiently translated;- the offences were time-barred;- extradition would violate fair trial guarantees and legal certainty;- 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 constituted serious ordinary crimes under both Turkish and Russian law;- the offences were neither political nor military offences;- the alleged crimes were committed in Russia and therefore did not fall within Turkish territorial jurisdiction;- there was insufficient evidence that the requested person would face discriminatory prosecution, torture, or ill-treatment upon extradition.The Court therefore concluded that the extradition request satisfied the requirements of Law No. 6706 and applicable treaty obligations.

The case concerned an extradition request submitted by the Russian Federation against a Georgian national sought for prosecution for intentional homicide. Russian judicial authorities had initiated homicide proceedings and issued an in absentia arrest warrant dated 15 December 2000. The requested person was internationally sought for extradition to Russia.He was apprehended in Türkiye on 23 May 2017 while attempting to leave the country. Following arrest, Turkish judicial authorities ordered detention pending extradition proceedings.Russian authorities transmitted an extradition request through the Turkish Ministry of Justice pursuant to the European Convention on Extradition.The Heavy Penal Court found the extradition request admissible.The defence appealed.The Turkish Court of Cassation held that:- despite repeal of former Article 18 TCK by Article 36 of Law No. 6706,- the new law did not alter the requested person’s legal position.The Court further held that:- intentional homicide constituted an offence under Turkish criminal law;- extradition conditions were satisfied under: Law No. 6706; Article 6 ECHR; the European Convention on Extradition.The extradition admissibility judgment was upheld.