Extradition proceedings and Interpol Red Notice arrest warrants involving foreign nationals in Turkey fall under Law No. 6706 on International Judicial Cooperation in Criminal Matters. Defending against an international extradition request requires urgent legal defense before Turkish Heavy Criminal Courts (Ağır Ceza Mahkemesi).
This guide by Avukat Damla Bayrak Law Firm explains the legal standards and safeguards applicable in extradition defense in Turkey.
1. Principles of Extradition under Turkish Law
Extradition may be granted if an offense committed abroad constitutes a extraditable crime under both Turkish law and the requesting state’s laws (dual criminality). However, extradition is strictly prohibited in specific circumstances:
- Political or Military Offenses: Extradition is denied if the offense is political or military in nature.
- Risk of Torture or Capital Punishment: Extradition will be refused if there are reasonable grounds to believe the person faces torture, inhumane treatment, or death penalty in the requesting state.
- Statute of Limitations: Extradition is denied if the offense has lapsed under Turkish statute of limitations laws.
- Turkish Citizenship: Turkish citizens cannot be extradited to a foreign state, except under international treaty duties (e.g., International Criminal Court).
2. Judicial Evaluation and Detention Hearing
When a foreign citizen is apprehended pursuant to a Red Notice or extradition request:
- The individual is brought before the local Chief Public Prosecutor’s Office and Heavy Criminal Court.
- The court decides whether to order provisional arrest (geçici tutuklama) or judicial control measures pending receipt of formal extradition files.
- The Heavy Criminal Court examines the legal merits and issues a binding decision on whether extradition is legally permissible.
3. Emergency Legal Representation
Criminal defense attorneys intervene immediately during initial detention to challenge Interpol notices, argue against provisional incarceration, and submit human rights safeguards before Turkish courts.
4. Criminal Defense Office in Istanbul
Located near Çağlayan Justice Palace in Istanbul, Avukat Damla Bayrak Law Firm provides legal representation in extradition hearings and Interpol matters across Turkey.
Contact Details:
Address: Çağlayan, Park Cd No: 22/24 Kat: 3, Daire 24, 34403 Kağıthane/İstanbul
Direct Phone & WhatsApp: +90 534 598 95 99
Email: info@avdamlabayrak.com
Website: avdamlabayrak.com/en/
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