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🇹🇷 Turkey → 🇺🇸 United States

1 case found
Double Criminality and Human Rights Review in Extradition Proceedings to the United States
Summary
The case concerned an extradition request submitted by the United States against a U.S. citizen sought for:- intentional homicide;- unlawful possession of firearms.According to the extradition materials, U.S. authorities alleged that the requested person killed James A. Richardson in Seattle on 29 December 2019. U.S. judicial authorities subsequently issued arrest and international search measures for extradition purposes. Following the extradition request transmitted through the Turkish Ministry of Justice, the İstanbul 11th Heavy Penal Court found the extradition request admissible under:- Law No. 6706;- the bilateral judicial cooperation agreement between Türkiye and the United States;- Article 6 ECHR.- An additional decision was later rendered concerning the firearms offence.The defence appealed, arguing inter alia that:- the requested person was innocent;- another person had allegedly confessed and was serving a life sentence in the United States;- the extradition materials were inaccurate and unreliable.The Turkish Court of Cassation rejected these objections. The Court held that:- the requested person and the internationally sought person were clearly identified as the same individual;- the offences constituted offences under Turkish criminal law;- the offences were neither political nor military offences;- the offences were allegedly committed in the United States and therefore did not fall within Turkish territorial jurisdiction;- the offences were not time-barred;- no evidence existed indicating discriminatory prosecution, torture, or ill-treatment risks upon extradition.The Court therefore upheld the extradition admissibility decisions.
25/09/2024 · Turkish Court of Cassation (Yargıtay), 1st Criminal Chamber · E. 2024/669, K. 2024/5967
🇹🇷Turkey → 🇺🇸United States
GrantedExtradition