The extradition process between France and Turkey is an international judicial cooperation process in which it is assessed whether a person who is subject to a criminal investigation, prosecution, or final conviction will be surrendered from France to Turkey or from Turkey to France.
One of the most important legal bases for extradition procedures between Turkey and France is the European Convention on Extradition. Turkey is a party to this convention and its additional protocols; the Ministry of Justice also states that extradition procedures for countries party to the European Convention on Extradition are carried out in accordance with the provisions of the convention.
In addition, in extradition processes conducted in Turkey, Law No. 6706 on International Judicial Cooperation in Criminal Matters, the Constitution, the Code of Criminal Procedure, and international principles relating to human rights are also taken into account.
What Is the France–Turkey Extradition Process?
The France–Turkey extradition process is the legal process concerning the determination of whether a person who has a criminal file in one country and is located in the other country will be surrendered to the requesting state.
This process may arise in two ways. In the first case, France may request the extradition to France of a person located in Turkey. In the second case, Turkey may request the extradition to Turkey of a suspect, defendant, or convicted person located in France.
In both cases, the extradition request is not automatically accepted. The legal basis of the request, the nature of the offense, the person’s citizenship, statute of limitations, allegation of political offense, human rights risk, Red Notice record, and procedural compliance of the extradition documents are evaluated together.
Legal Bases of the France–Turkey Extradition Process
One of the main sources in the extradition process between France and Turkey is the European Convention on Extradition. According to the convention, extradition applies to offenses that require a custodial sentence of a certain severity under the laws of both the requesting and requested states. The convention regulates offenses that, in investigation or prosecution files, require a custodial sentence with an upper limit of at least one year; in the case of conviction, it requires a sentence of at least four months.
For Turkey, Law No. 6706 also constitutes the domestic legal basis of the extradition process. This law applies to the examination of extradition requests from foreign states, provisional arrest, judicial control, extradition proceedings before the high criminal court, and the surrender process.
The main legal bases are as follows:
- European Convention on Extradition
- Law No. 6706 on International Judicial Cooperation in Criminal Matters
- Constitution of the Republic of Turkey
- Code of Criminal Procedure No. 5271
- Human rights conventions to which Turkey is a party
- Interpol Red Notice and diffusion system
Extradition Process from Turkey to France
The extradition process from Turkey to France begins when the French authorities submit an extradition request concerning a person located in Turkey. The request is usually transmitted to Turkey through diplomatic channels or central authorities.
In Turkey, the extradition request is first examined by the Ministry of Justice. If the request is incomplete, additional information and documents may be requested. If the request is considered compliant with the law and relevant conventions, the file is sent to the competent Chief Public Prosecutor’s Office and then to the high criminal court.
The extradition process from Turkey to France generally consists of the following stages:
- Preparation of the extradition request by the French authorities
- Transmission of the request to Turkey
- Preliminary examination by the Ministry of Justice
- Requesting additional information and documents if any documents are missing
- Sending the file to the competent Chief Public Prosecutor’s Office
- Conducting extradition proceedings before the high criminal court
- The court deciding whether the extradition request is admissible
- Evaluation of legal remedies against the decision
- If the acceptance decision becomes final, carrying out the administrative approval and surrender process
The fact that the high criminal court finds the extradition request admissible does not mean that the person will be surrendered directly to France. In the extradition process, there is also an administrative approval and surrender stage after the court stage.
Extradition Process from France to Turkey
The extradition process from France to Turkey arises when it is determined that a person who is subject to an arrest warrant, detention order, or final conviction in Turkey is located in France.
In this case, Turkey may request the extradition of the relevant person to Turkey from the French authorities. The request documents must be prepared clearly, completely, and in compliance with the provisions of the convention.
In extradition requests from France to Turkey, the following documents are generally important:
- Extradition request
- Arrest warrant or detention order
- Copy of the judgment if there is a final conviction
- Explanations regarding the place and time of the offense
- Legal classification of the offense
- Applicable legal provisions
- Information regarding statute of limitations provisions
- Identity and citizenship information
- Photograph, fingerprints, or identity verification documents
- Certified translations
The European Convention provides that the extradition request must be made in writing and that supporting documents such as the conviction judgment, detention order, description of the offense, relevant legal provisions, and identity information must be attached to the request.
France–Turkey Extradition Conditions
One of the fundamental conditions in France–Turkey extradition files is the principle of dual criminality. Accordingly, the act subject to the extradition request must constitute a crime under the law of both the requesting country and the requested country.
The main conditions in the extradition process are as follows:
- Existence of a duly submitted extradition request
- The act being considered a crime under both French and Turkish law
- The offense being serious enough to be extraditable
- Absence of a statute of limitations or amnesty obstacle
- The request not being of a political offense nature
- The act not falling solely within the scope of a military offense
- No final judgment having previously been rendered for the same act
- The person not being under serious risk in terms of fundamental rights
- The extradition documents being prepared in accordance with the convention and the law
The existence of these conditions must be examined separately in each file. Even for the same type of offense, different results may arise due to citizenship, statute of limitations, evidentiary status, human rights risk, or an allegation of political offense.
Red Notice and the France–Turkey Extradition Process
It is possible for an Interpol Red Notice to be issued for persons wanted by France or Turkey. A Red Notice is an international notification used to locate a person and provisionally arrest them within the scope of the extradition process.
Interpol states that a Red Notice is a request made to law enforcement authorities worldwide to locate a person and provisionally arrest them for extradition, surrender, or similar legal action; however, it also states that a Red Notice is not an international arrest warrant.
Therefore, the arrest in Turkey of a person who has a France-based Red Notice does not mean that the person will automatically be extradited to France. In Turkey, provisional arrest, judicial control, and extradition proceedings are also carried out separately.
In files involving a Red Notice, the following matters should be examined:
- The arrest warrant underlying the Red Notice
- The nature of the alleged offense
- The equivalent of the act under Turkish law
- Whether the request has a political nature
- Whether the extradition documents arrived within the prescribed period
- Whether the conditions for provisional arrest have been met
- Whether judicial control would be sufficient
- Whether there is a risk regarding human rights and fair trial
Provisional Arrest and Judicial Control
In France–Turkey extradition files, a provisional arrest or judicial control decision may be issued against the person. However, a Red Notice or extradition request alone does not automatically mean arrest.
According to the European Convention on Extradition, provisional arrest may be requested in urgent cases; the provisional arrest request must include the existence of an arrest or conviction decision, the fact that an extradition request will be sent, the nature of the offense, the place and time it was committed, and information enabling the identification of the person. The convention also provides that provisional arrest may be terminated if the extradition request and documents do not arrive within a certain period.
The following measures may come into question within the scope of judicial control:
Ban on leaving the country
Obligation to report and sign at certain intervals
Residence at a specific address
Deposit of security
Restrictions regarding passport or travel documents
Other control measures deemed appropriate by the court
When evaluating a provisional arrest or judicial control decision, the person’s fixed residence, family ties, health condition, whether the suspicion of flight is concrete, the nature of the offense, and the status of the extradition documents should be considered together.
Extradition Proceedings Before the High Criminal Court
In Turkey, extradition requests from France are evaluated by the high criminal court. The court examines whether the extradition request is admissible.
In this examination, not only the documents sent by the French authorities are taken into account. The person’s defense, the equivalent of the offense under Turkish law, grounds for refusal, citizenship status, statute of limitations, human rights risk, and proportionality of the arrest measure are evaluated together.
The following questions are important before the high criminal court:
- Was France’s extradition request made by the competent authorities?
- Are the extradition documents compliant with the European Convention on Extradition and Law No. 6706?
- Is the alleged act also a crime under Turkish law?
- Is the offense extraditable?
- Is the person a Turkish citizen?
- Is there an allegation of political offense or purely military offense?
- Is there a statute of limitations or amnesty obstacle?
- Has a decision previously been issued regarding the same act?
- Is there a risk of torture, ill-treatment, or lack of a fair trial?
- Is the arrest or judicial control measure proportionate?
If the court does not find the submitted documents sufficient, it may decide to request additional information and documents.
In Which Cases Can France’s Extradition Request Be Refused?
Extradition requests from France may be refused under the European Convention on Extradition and Law No. 6706. While examining the documents of the requesting state, the court also evaluates whether there is an obstacle to extradition.
The main situations that may lead to refusal of an extradition request are as follows:
- The person being a Turkish citizen
- The act not constituting a crime under Turkish law
- The offense being subject to statute of limitations or amnesty
- The request being of a political offense nature or related to a political offense
- The act being a purely military offense
- A previous acquittal or conviction decision having been issued in Turkey for the same act
- The person being at risk of punishment due to race, religion, ethnic origin, citizenship, social group, or political opinion
- Risk of torture or ill-treatment in the requesting state
- Serious risk regarding the right to a fair trial
- The extradition documents being incomplete, contradictory, or procedurally defective
The European Convention on Extradition provides that extradition will not be accepted for political offenses, that extradition of nationals may be refused, that extradition cannot be carried out if there is a final judgment regarding the same act, and that extradition will not be accepted in cases of statute of limitations.
Can Turkish Citizens Be Extradited to France?
As a rule, extradition of Turkish citizens to a foreign country is not possible. Therefore, whether the person requested by France is a Turkish citizen must be examined first in the extradition file.
In the citizenship assessment, dual citizenship, the date of acquisition of citizenship, the date of the offense, the date of the extradition request, and civil registry records are important. If the person is a Turkish citizen, different legal avenues such as investigation or prosecution in Turkey, mutual legal assistance, or evidence sharing may come into question instead of extradition.
Extradition of French Citizens to Turkey
In files where Turkey requests extradition from France, the French authorities evaluate the request within the framework of their domestic law and the provisions of the European Convention on Extradition. According to the convention, each party has the right to refuse extradition of its own nationals.
Therefore, the extradition of French citizens to Turkey is examined depending on the concrete circumstances of the file, the citizenship and extradition rules under French law, the nature of the offense, the evidentiary status, and the human rights assessment.
In files where Turkey requests extradition from France, it is important that the documents be prepared clearly, consistently, and with strong legal grounds. The elements of the offense, applicable legal provisions, statute of limitations information, arrest or conviction decision, and translations must be submitted completely.
Documents and Translation Process
In France–Turkey extradition files, the content, translation, and procedural compliance of the documents are among the most important points of the process. Incomplete, incorrect, or contradictory documents may cause the extradition process to be prolonged or the request to be refused.
Extradition files generally include the following documents:
- Extradition request
- Arrest warrant or detention order
- Copy of the judgment if there is a conviction decision
- Indictment or documents showing the criminal accusation
- Explanation regarding the material elements of the incident
- Legislative texts showing the legal basis of the offense
- Explanation regarding statute of limitations provisions
- Identity and citizenship information
- Identity verification documents such as photographs and fingerprints
- Certified translations
Translation of the documents alone is not sufficient. The translated documents must also be examined in terms of the European Convention on Extradition, Law No. 6706, and extradition conditions.
Are Deportation and the Extradition Process the Same Thing?
Deportation and extradition are not the same legal institution. Deportation is an administrative procedure concerning the removal of a foreigner from Turkey. Extradition, on the other hand, is the process of surrendering a person to the requesting state for the purpose of a criminal investigation, prosecution, or enforcement of a final conviction.
In France-based extradition files, the same person may also be subject to a deportation decision, restriction code, administrative detention, or residence permit issue. In such cases, applications under foreigners law and administrative law should also be evaluated together with the extradition process.
Deportation does not replace the extradition process. The situation of a person who is subject to an extradition request to France must be examined within the framework of the special rules of extradition law and the court process.
How Long Does the France–Turkey Extradition Process Take?
The duration of the France–Turkey extradition process varies depending on the nature of each file. Therefore, it is not correct to give a definite period applicable to all files.
The main factors affecting the duration are as follows:
- Whether there is a Red Notice or diffusion message
- Whether the person is under arrest
- Whether the extradition documents have been prepared completely
- Whether translation and certification procedures have been completed
- Whether the court requests additional information and documents
- Whether there are political offense or human rights objections
- Whether legal remedies have been pursued against the decision
- How long the administrative approval and surrender stage will take
While some files may be concluded in a shorter period, in other files the process may be prolonged due to missing documents, requests for additional information, human rights claims, or political offense defenses.
What Does a France–Turkey Extradition Lawyer Do?
A France–Turkey extradition lawyer evaluates the client’s legal status in extradition files between the two countries, examines extradition conditions, and helps establish the defense strategy during the court process.
An extradition lawyer or Interpol lawyer may provide legal support on the following matters:
- Examining the extradition request from France
- Evaluating the extradition request to be made from Turkey to France
- Examining Red Notice and diffusion message records
- Objecting to the provisional arrest decision
- Requesting judicial control
- Presenting an extradition defense before the high criminal court
- Putting forward political offense, statute of limitations, and human rights risks
- Examining extradition documents in terms of translation and procedure
- Following deportation, restriction code, and administrative detention procedures
- Evaluating application routes for the removal or correction of the Interpol record
Early legal intervention is important in these files. This is because the Red Notice, provisional arrest, waiting for extradition documents, and the high criminal court process may develop within a short time.
France–Turkey Extradition Lawyer Fee
The fee of a France–Turkey extradition lawyer varies depending on the scope of the file and the nature of the process. Therefore, it is not correct to determine a fixed fee for every file.
The following matters are generally taken into account in fee assessment:
- Whether the file concerns extradition from France to Turkey or from Turkey to France
- Whether the person is under arrest
- Whether there is a Red Notice or diffusion message
- The scope of the extradition documents
- The need for French or Turkish translation
- Whether foreign law examination is required
- The existence of additional processes such as deportation, restriction code, or administrative detention
- The scope of the court proceedings and legal remedies
- The urgency of the file
Since extradition files directly affect personal liberty and require technical examination, the fee should be determined according to the characteristics of the concrete case.
Contact for Legal Support
The extradition process between France and Turkey is a process that must be conducted carefully in terms of Red Notice, diffusion message, provisional arrest, judicial control, extradition proceedings before the high criminal court, deportation procedures, and human rights assessments.
You may contact our law office to receive support from a France–Turkey extradition lawyer, evaluate the legal conditions of the extradition request, file applications against provisional arrest decisions, and examine the file from a human rights perspective.
Frequently Asked Questions
What is the France–Turkey extradition process?
The France–Turkey extradition process is the legal process in which it is assessed whether a person who is subject to an investigation, prosecution, or conviction in one country and is located in the other country will be surrendered to the requesting state.
Which convention is the extradition process between Turkey and France based on?
One of the main bases in the extradition process between Turkey and France is the European Convention on Extradition. Turkey is a party to this convention and its additional protocols.
Is France’s extradition request accepted automatically?
No. France submitting an extradition request is not sufficient on its own. The request is evaluated in Turkey through the Ministry of Justice and the competent high criminal court process.
Does a Red Notice mean extradition to France?
No. A Red Notice is a notification used to locate the person and provisionally arrest them within the scope of the extradition process. Interpol states that a Red Notice is not an international arrest warrant.
Can a Turkish citizen be extradited to France?
As a rule, extradition of Turkish citizens to a foreign country is not possible. However, matters such as citizenship status, dual citizenship, date of the offense, and date of the request must be examined separately in the concrete file.
In which cases can France’s extradition request be refused?
An extradition request may be refused in cases such as political offense, purely military offense, statute of limitations, amnesty, a previous decision for the same act, Turkish citizenship, risk of torture or ill-treatment, possibility of lack of a fair trial, or missing documents.
Can arrest occur during the extradition process?
Yes. If the conditions are met, a provisional arrest decision may be issued. However, arrest is not automatic. The court must also evaluate whether judicial control would be sufficient.
Which documents are required for extradition from France to Turkey?
The extradition request, arrest or conviction decision, description of the offense, applicable legal provisions, identity information, statute of limitations explanation, and certified translations are generally among the basic documents.
Does deportation replace extradition?
No. Deportation is an administrative procedure, whereas extradition is a criminal judicial cooperation process. While the extradition process continues, deportation procedures must be evaluated separately.
References
[1] Republic of Turkey Ministry of Justice, Directorate General for Foreign Relations and European Union – Legal Bases of the Extradition Procedure.
[2] European Convention on Extradition, ETS No. 024.
[3] Law No. 6706 on International Judicial Cooperation in Criminal Matters.
[4] INTERPOL – Red Notices.
