The extradition of criminals is the process whereby a state surrenders a person apprehended within its own territory to another country where that person is alleged to have committed a crime. This process is carried out within the framework of bilateral or multilateral agreements signed between countries. Extradition, which holds an important place in international law, is of vital importance, particularly in ensuring justice in cross-border crimes.
Istanbul is frequently mentioned in extradition cases due to its status as both Turkey’s largest metropolis and a hub for international air and sea traffic. Working with a lawyer specializing in Istanbul for such cases offers a significant advantage in ensuring the process runs smoothly.
The Extradition Process for Criminals in Istanbul
The extradition process for criminals in Istanbul usually begins with the relevant country making an official request to Turkey. This request is forwarded to the Turkish judiciary through the Ministry of Foreign Affairs and the Ministry of Justice. Subsequently, the Istanbul Heavy Penal Courts evaluate the extradition request.
During this process, when deciding whether or not to extradite the individual, many criteria are taken into consideration, such as whether there has been a human rights violation, whether the crime is politically motivated, and whether there is a situation that is contrary to Turkey’s public order. An expert lawyer in Istanbul conducts an effective defense by protecting their client’s rights at each of these stages.
Treaties to Which Turkey Is a Party Concerning the Extradition of Offenders
Turkey is a party to numerous international agreements concerning the extradition of criminals. Among these, the 1957 European Convention on Extradition of the Council of Europe is foremost. In addition, Turkey has bilateral extradition agreements with various countries.
The provisions of these agreements have a direct impact on how an extradition case in Istanbul will proceed. An extradition lawyer working in Istanbul will guide the case by analyzing which agreements are applicable and whether there is an extradition relationship between the relevant country and Turkey.
Under What Circumstances Are Criminals Not Extradited?
Under Turkish law and international agreements, the extradition of criminals is not possible in certain circumstances. In particular, the extradition of individuals who would be tried for political crimes, military crimes, or in countries where there is a risk of torture or ill-treatment is generally refused.
In an extradition case opened in Istanbul, the lawyer can present these exceptional circumstances to the court to prevent the client’s extradition. For example, it is possible to prevent an extradition decision by presenting evidence that the client will not receive a fair trial. Therefore, professional legal support plays a decisive role in the extradition process.
The Role of Interpol and the Red Notice
Interpol is an important organization that facilitates the international tracking and apprehension of criminals. A red notice is a notification indicating that a person is wanted for a crime and that their provisional arrest is requested. This notice is valid in all Interpol member countries, including Turkey.
If there is a red notice for someone living in Istanbul or passing through transit, that person may be arrested and the extradition process may be initiated. However, a red notice does not automatically mean extradition. An experienced lawyer in Istanbul can prove that the red notice is unlawful and secure the release of their client.
Defense Strategies Against Return Requests
In extradition cases, an effective defense strategy is of great importance. The lawyer’s duty is to defend their client against extradition using legal and humanitarian grounds. These defenses may be based on political motives, insufficient evidence, violation of the right to a fair trial, or violation of human rights.
Lawyers handling such cases in Istanbul prepare their defenses in accordance with both Turkish legislation and the European Convention on Human Rights. The case law of the European Court of Human Rights, in particular, serves as an important source for the preparation of defense files.
The Importance of Working with an Expert Lawyer in Istanbul
Extradition cases are highly technical and complex in nature. Therefore, working with an attorney in Istanbul who specializes in the extradition of criminals can directly impact an individual’s freedom and future. An experienced attorney not only manages the legal processes but also monitors the diplomatic aspects.
Specialist lawyers operating in Istanbul provide comprehensive support to their clients within the framework of international law, criminal law, and human rights. They also evaluate avenues for individual applications to the Constitutional Court and the European Court of Human Rights when necessary.
Legal Review of Refund Requests in Turkey
Extradition requests in Turkey are subject to judicial review. Courts in Istanbul assess whether the fundamental rights of the person sought for extradition would be violated. This protects the individual not only under international law, but also under the Turkish Constitution.
When a return case is filed in Istanbul, the lawyer ensures that the trial is conducted fairly by submitting detailed objection petitions regarding the application. The accuracy of the evidence presented during the court proceedings, the legality of the claims, and the analysis of the individual’s situation are important.
Temporary Arrest and Detention Procedures
A temporary arrest warrant may be issued for the person concerned in extradition requests. This decision is implemented based on an Interpol red notice or an urgent extradition request from the relevant country. A person detained in Istanbul is brought before a judge within a certain period of time, and a decision is made on their detention status.
In this process, the lawyer’s swift and effective intervention is essential. Timely submission of the defense increases the likelihood of the person’s release. An expert lawyer in Istanbul aims to secure a release decision by presenting legal and human rights-based objections to the judges based on the case file.
Request for Legal Support
The extradition process is not only a legal matter, but also a humanitarian one. This area, which is intertwined with international law, requires professional knowledge and experience. In a metropolis like Istanbul, such cases have a more complex structure and often carry diplomatic dimensions.
For this reason, working with an expert lawyer in Istanbul on the extradition of criminals provides a significant advantage in terms of the successful outcome of the process. Obtaining the right legal advice plays a decisive role in the extradition process, both in terms of protecting the individual’s rights and ensuring a fair trial.
