How does the extradition program between the United States and Turkey work? In this article, we will provide a comprehensive overview of the extradition process for Turkish citizens, the international and national legal framework, examples of practices and the effects of this process. In this article, prepared by our team of lawyers specialized in Criminal Law and International Law, we will try to find answers to questions such as “I was convicted in the United States, can I return to Turkey?”, “I committed a crime in the United States, what happens now?”, “Can I serve the sentence I received in the United States in Turkey?”.
It is important for the legal and diplomatic relations between the two countries that Turkish citizens who have committed a crime or been convicted of a crime in the United States continue to be tried or serve their sentence in Turkey. This process is critical for the rehabilitation of offenders, the preservation of family ties and the administration of justice.
Treaties in Force on the Transfer of Offenders
1- Turkey-US Treaty on Extradition and Mutual Assistance in Criminal Matters
Signed in 1979 and entered into force in 1981, this treaty regulates extradition and judicial assistance between Turkey and the United States. The main provisions of the Treaty are as follows:
Article 1: The scope and conditions of the extradition request are determined.
Article 2: The evidence and documents to be submitted by the extradition requesting state are defined.
Article 3: The scope of the crimes to be extradited is determined.
2- European Convention of the Council of Europe on Extradition
Turkey is a party to the European Convention on Extradition of 1957. This convention contains comprehensive provisions on extradition between member states. The Convention sets out the procedures to be followed in the extradition process and the types of crimes that cannot be extradited.
3- Legal Assistance and Cooperation
Judicial cooperation between Turkey and the US plays an important role in the extradition process. In this context, the two countries cooperate on issues such as evidence collection, testimony, and document procurement.
How Does the Criminal Transfer Process between the United States and Turkey Work?
1- Application Process
The request for transfer is usually initiated by the convict or his/her family and submitted to the Ministry of Justice, Directorate General for International Law and Foreign Relations. The steps to be followed in the application process are as follows:
a) Application Petition: Prepared by the convict or his/her lawyers.
b) Required Documents: Documents such as the identity information of the convict, court decision, execution status of the sentence are submitted.
c) Declaration of Consent: The written declaration of the convict that he/she consents to the transfer request is taken.
2- Review Process
The application is reviewed and evaluated by the Ministry of Justice. In this process, it is decided whether the transfer of the convict to Turkey is appropriate. The criteria taken into account during the review process are as follows:
Family ties of the convict in Turkey
Type and duration of punishment
The nature of the crime and the way it was committed
How is the Extradition Program between the United States and Turkey Implemented?
Legal Regulations on Extradition Program in Turkey
Extradition and transfer of criminals in Turkey is governed by the provisions of the Turkish Penal Code No. 5237 and the Law on the Execution of Sentences and Security Measures No. 5275. These laws set the legal framework for the transfer process and the execution regimes.
Legal Regulations on Extradition Program in the United States
In the US, there are federal and state level legal regulations. Extradition and transfer of criminals is administered by the US Department of Justice and is governed by relevant state laws.
Diplomatic Relations between the Two Countries in Line with the Extradition Program
Diplomatic relations between Turkey and the United States play an important role in the transfer of criminals. The embassies and consulates of both countries play an active role in monitoring the process and transmitting the necessary documents. Correspondence and negotiations through diplomatic channels are critical to speed up the process and ensure that it runs smoothly.
What are the Conditions for Offender Transfers between the United States and Turkey?
1- Consent of the Convict
The consent of the convicted person is mandatory for the transfer. The convict must give a written statement that he/she consents to the transfer request. The transfer cannot be carried out without consent. This declaration is obtained and submitted to the relevant authorities before the start of the convict’s transfer process.
2- Type and Duration of Sentence
The type and duration of the sentence applied for transfer is one of the determining factors of the process. Generally, transfer procedures are initiated for convicts serving long prison sentences or life sentences. Short-term prison sentences may not be transferred.
3- Related Legislation
The relevant legislation in Turkey and the United States is of great importance in the process of transferring offenders. In Turkey, the Law No. 5275 on the Execution of Criminal and Security Measures provides the basic legal regulation on this issue. In the US, federal and state laws regulate the transfer process.
What is the Post-Transfer Process between the US and Turkey?
Execution of Sentence
How the convict completes his/her sentence after transfer to Turkey is determined according to the execution system in Turkey. Transferred convicts are placed in Turkish penal institutions and serve the remainder of their sentence there. Execution regimes in Turkey may have some differences from those in the United States.
Retrial
In some cases, it may be necessary to retry the convicted person in Turkey. This is usually due to differences in legal processes or to protect the right to a fair trial. The retrial process is conducted according to the Turkish legal system. Retrial means a retrial of the convicted person in Turkish courts, taking into account US court decisions and evidence.
Surveillance and Monitoring
The supervision and monitoring of the convict while serving his/her sentence in Turkey is meticulously carried out by Turkish penal institutions. This process may include various programs for the rehabilitation and reintegration of the convict into society. In addition, the convict’s behavior and compliance during the execution of the sentence is regularly monitored.
Why Us?
As Güneş & Güneş Law Office, we have 25 years of experience in criminal cases in every province of Turkey with our expert and competent lawyers who speak English, Russian, German, German and Turkish and who are experts and competent in criminal cases, objection to and lifting of detention, evacuation, participant and defendant defense in criminal and other criminal cases, We are a national and international law firm providing result-oriented criminal advocacy and legal consultancy services in all criminal cases and prosecution investigations such as objection to red bulletins and Interpol searches, lifting of arrest warrants, police and gendarmerie statements, objection to seizure decisions, objection to administrative detention and judicial control decisions.
The field of Criminal Law consists of complex legal procedures and processes that need to be meticulously managed. For this reason, it is of great importance to get the support of an expert lawyer in this field before you encounter problems or problems. For all kinds of consultancy and advocacy support, you can contact us and get support from our expert lawyer staff in the fields of criminal law and international law.
