The extradition process between Russia and Turkey is a legal process in which it is assessed whether a person who is subject to a criminal investigation, prosecution, or final conviction will be surrendered from Russia to Turkey or from Turkey to Russia. This process does not conclude automatically solely upon the request of the authorities of the two countries; the extradition request is examined within the framework of judicial review, provisions of international treaties, Law No. 6706, human rights principles, and the legal status of the person.
The “Agreement on Mutual Legal Assistance in Criminal Matters and Extradition” was signed between Turkey and Russia; the ratification of this agreement was approved by Law No. 6788. The law states that the agreement was signed in Ankara on December 1, 2014, and was published in the Official Gazette dated 08.03.2017.
In Russia–Turkey extradition files, Red Notices, diffusion messages, provisional arrest, judicial control, extradition proceedings before the high criminal court, deportation procedures, and human rights risks must be evaluated together.
What Is the Russia–Turkey Extradition Process?
The Russia–Turkey extradition process is an international judicial cooperation process concerning the determination of whether a person who is subject to judicial proceedings in one country and is located in the other country will be surrendered to the requesting state.
This process may arise in two directions. In the first case, the Russian Federation may request the extradition to Russia 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 Russia.
In both cases, for the extradition request to be admissible, the request documents must be duly prepared, the alleged act must constitute an extraditable offense, the act must be considered a crime under the laws of both countries, and there must be no grounds for refusal such as statute of limitations or political offense.
Legal Bases of the Russia–Turkey Extradition Process
The main legal basis in the extradition process between Russia and Turkey is the agreement on mutual legal assistance in criminal matters and extradition signed between the two countries. In the statement of the Ministry of Justice, it was stated that the agreement was signed between the Government of the Republic of Turkey and the Government of the Russian Federation and that it aims to facilitate the implementation of the European conventions to which both countries are parties.
For Turkey, Law No. 6706 on International Judicial Cooperation in Criminal Matters also applies. This law regulates the procedures and principles of judicial cooperation with foreign states in criminal matters. The law also explicitly states that the Central Authority is the Ministry of Justice.
The main legal sources in the Russia–Turkey extradition process are as follows:
- Agreement on Mutual Legal Assistance in Criminal Matters and Extradition between the Republic of Turkey and the Russian Federation
- Ratification Law No. 6788
- Law No. 6706 on International Judicial Cooperation in Criminal Matters
- Constitution of the Republic of Turkey
- Code of Criminal Procedure
- International human rights conventions to which Turkey is a party
- Interpol rules and Red Notice system
Extradition Process from Russia to Turkey
The extradition process from Russia 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 Russia.
In this case, Turkey may apply to the Russian authorities for the extradition of the relevant person to Turkey. The application must include the extradition request, arrest or conviction decision, documents explaining the material elements of the offense, applicable legal provisions, statute of limitations information, and documents useful for identification.
The following matters are particularly important in extradition requests from Russia to Turkey:
- The extradition request must be prepared clearly and consistently
- The arrest or conviction decision must be procedurally proper
- The act must constitute a crime under Turkish law
- The act must also be an extraditable offense under Russian law
- The offense must not be time-barred
- Translation and certification requirements for the documents must be fulfilled
- The request must not have the nature of a political or purely military offense
- It must be shown that the person is not at risk in terms of human rights
The Russian authorities evaluate the request from Turkey within the scope of their domestic law and the provisions of the bilateral agreement. Therefore, it is important that the documents to be sent from Turkey to Russia be complete, compliant with the agreement, and prepared in a convincing manner.
Extradition Process from Turkey to Russia
The extradition process from Turkey to Russia begins when the Russian authorities submit an extradition request concerning a person located in Turkey. The request is transmitted to Turkey through diplomatic channels or central authorities.
In Turkey, the extradition request is first examined by the Central Authority. According to Law No. 6706, the Central Authority may examine extradition requests, request additional information and documents if deemed necessary, and reject requests that do not meet the required conditions. Requests that meet the required conditions are sent to the Chief Public Prosecutor’s Office before the competent high criminal court.
The extradition process from Turkey to Russia generally consists of the following stages:
- Preparation of the extradition request by the Russian 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 automatically be surrendered to Russia. In the extradition process, the administrative approval and surrender stage also comes into question after the court stage.
Russia–Turkey Extradition Conditions
One of the fundamental conditions in the Russia–Turkey extradition process is that the act subject to the extradition request must be considered a crime under the laws of both countries. This principle is referred to as dual criminality. In other words, in a file where Russia requests extradition from Turkey, it is not sufficient that the alleged act is a crime only under Russian law; the act must also have a criminal equivalent under Turkish law.
The main conditions in the extradition process are as follows:
- Existence of a duly submitted extradition request
- The act constituting a crime under the laws of both countries
- 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 previous decision having been issued in Turkey 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 agreement and the law
These conditions must be evaluated in each file according to the specific circumstances of the concrete case. 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 Russia–Turkey Extradition Process
It is possible for an Interpol Red Notice to be issued for persons wanted by Russia 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 in the process of extradition, surrender, or similar legal action; however, it also states that a Red Notice is not an international arrest warrant. Member countries attach consequences to Red Notices according to their own domestic laws.
Therefore, the arrest in Turkey of a person who has a Russia-based Red Notice does not mean that the person will be directly extradited to Russia. 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 or court decision 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 Russia–Turkey extradition files, a provisional arrest or judicial control decision may be issued against the person. However, a Red Notice or extradition request does not result in automatic arrest in every case.
According to Law No. 6706, if there is strong suspicion that an offense that may be subject to an extradition request has been committed, the person may be provisionally arrested even before the extradition request reaches the Central Authority. The same article provides that, instead of provisional arrest, a judicial control decision may be issued under Article 109 of the Code of Criminal Procedure in a manner that prevents the person from fleeing.
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 obligations to be determined 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 status of the extradition documents, and the nature of the offense should be considered together.
Extradition Proceedings Before the High Criminal Court
In Turkey, the high criminal court is competent to evaluate extradition requests from Russia. According to Law No. 6706, the high criminal court of the place where the person is located is competent to decide on the extradition request. If the person’s location is not known, the Ankara high criminal court is deemed competent.
The court examines whether the extradition request is admissible. During this examination, the documents sent by the requesting state, the person’s defense, the nature of the offense, extradition conditions, grounds for refusal, and human rights risks are evaluated together.
The following questions are important before the high criminal court:
- Was Russia’s extradition request made by the competent authorities?
- Are the extradition documents compliant with the agreement 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 in Turkey 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 documents sent by the requesting state sufficient, it may request additional information and documents.
In Which Cases Can Russia’s Extradition Request Be Refused?
Russia’s extradition request from Turkey may be refused under Law No. 6706 and the provisions of the relevant treaty. The court does not only look at the existence of the extradition request; it also examines 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 of a purely military offense nature
- 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 opinions
- Risk of torture or ill-treatment in the requesting country
- Serious risk regarding the right to a fair trial
- The request containing a risk of the death penalty or a punishment incompatible with human dignity
- The extradition documents being incomplete, contradictory, or procedurally defective
Law No. 6706 lists situations such as the act underlying the extradition request being an offense of thought, a political offense, or an offense related to a political offense; being a purely military offense; being time-barred or covered by amnesty; or a previous decision having been issued in Turkey for the same act among the important grounds for refusal in extradition.
Can Turkish Citizens Be Extradited to Russia?
As a rule, extradition of Turkish citizens to a foreign country is not possible. Therefore, whether the person requested by Russia is a Turkish citizen is one of the issues that must be examined first in the extradition file.
However, citizenship status must be evaluated concretely in each file. Dual citizenship, the date of acquisition of citizenship, the date of the offense, the date of the request, and civil registry records are important in this examination.
If it is alleged that a Turkish citizen committed an offense in Russia, different legal avenues such as conducting an investigation or prosecution in Turkey, mutual legal assistance, evidence sharing, or transfer of proceedings may come into question instead of extradition.
Extradition of Russian Citizens to Turkey
The extradition of Russian citizens to Turkey comes into question in files where Turkey is the requesting state. In this case, the Russian authorities evaluate Turkey’s request within the framework of the bilateral agreement, their own domestic law, and their international obligations.
In files where Turkey requests extradition from Russia, it is of great importance that the extradition documents be prepared completely. The elements of the offense, evidence, legal provisions, arrest or conviction decision, statute of limitations information, and translations must be clearly added to the file.
Documents and Translation Process
In Russia–Turkey extradition files, the content and translation of the documents are among the most important stages of the process. Incomplete, incorrect, or contradictory documents may lead to refusal of the extradition request or prolongation of the process.
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
- Applicable legal provisions
- Explanation regarding statute of limitations provisions
- Identity and citizenship information
- Photograph, fingerprints, or identity verification documents
- Certified translations
It is not sufficient for the documents merely to have been translated. Whether the documents comply with the agreement, Law No. 6706, and extradition conditions must also be examined separately.
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.
According to Law No. 6706, a foreigner cannot be deported during the extradition process without obtaining the opinion of the Central Authority. In addition, deportation cannot be carried out to the state whose extradition request has been refused without obtaining the opinion of the Central Authority.
Therefore, if there is a deportation decision, restriction code, administrative detention, or residence permit issue in Russia-based extradition files, applications under foreigners law and administrative law must also be evaluated together with the extradition process.
How Long Does the Russia–Turkey Extradition Process Take?
The duration of the Russia–Turkey extradition process varies depending on the nature of the file. It is not correct to give a definite period applicable to every file.
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 are complete
- 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 risk, or an allegation of political offense.
What Does a Russia–Turkey Extradition Lawyer Do?
A Russia–Turkey extradition lawyer evaluates the client’s legal status in extradition files between the two countries, examines the extradition conditions, and helps establish the defense strategy during the court process.
An extradition lawyer or Interpol lawyer may provide support on the following matters:
- Examining the extradition request from Russia
- Evaluating the extradition request to be made from Turkey to Russia
- 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.
Russia–Turkey Extradition Lawyer Fee
The fee of a Russia–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 Russia to Turkey or from Turkey to Russia
- Whether the person is under arrest
- Whether there is a Red Notice or diffusion message
- The scope of the extradition documents
- The need for Russian 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 Russia 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 Russia–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 Russia–Turkey extradition process?
The Russia–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.
Is Russia’s extradition request accepted automatically?
No. Russia submitting an extradition request is not sufficient on its own. The request is evaluated in Turkey by the Central Authority and the competent high criminal court.
Is there an extradition agreement between Turkey and Russia?
Yes. The Agreement on Mutual Legal Assistance in Criminal Matters and Extradition was signed between the Republic of Turkey and the Russian Federation, and the ratification of this agreement was approved by Law No. 6788.
Does a Red Notice mean extradition to Russia?
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 Russia?
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 Russia’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.
What happens if the extradition documents are incomplete?
If the extradition documents are incomplete or insufficient, the court or the Central Authority may request additional information and documents. If the deficiency is not remedied, refusal of the extradition request may come into question.
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 are subject to special rules.
References
[1] Law No. 6788 on the Approval of the Ratification of the Agreement on Mutual Legal Assistance in Criminal Matters and Extradition between the Republic of Turkey and the Russian Federation.
[2] Republic of Turkey Ministry of Justice – Agreement Signed with the Russian Ministry of Justice.
[3] Law No. 6706 on International Judicial Cooperation in Criminal Matters.
[4] INTERPOL – Red Notices.
