Extradition proceedings between the United States and Turkey are a special 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 one country to the other. In this process, not only criminal law rules but also international judicial cooperation, human rights, foreigners law, administrative law, and treaties between states are considered together.
One of the main legal bases of the U.S.–Turkey extradition process is the Treaty on Extradition and Mutual Assistance in Criminal Matters between the Republic of Turkey and the United States of America. For Turkey, Law No. 6706 on International Judicial Cooperation in Criminal Matters, the Constitution, the Turkish Penal Code, and the Code of Criminal Procedure are also important.
An Istanbul U.S.–Turkey extradition lawyer provides support in legal processes related to Red Notices, diffusion messages, provisional arrest, objections to extradition requests, extradition proceedings before the high criminal court, examination of extradition documents received from the United States, preparation of extradition requests from Turkey to the United States, and deportation procedures.
The extradition process between the United States and Turkey does not conclude automatically merely because one state submits a request. Whether the extradition request complies with the bilateral treaty, Law No. 6706, the Constitution, fundamental rights, and judicial review is assessed separately.
What Is the U.S.–Turkey Extradition Process?
The U.S.–Turkey extradition process is the legal procedure concerning the determination of whether a person who is accused of a crime or has a final sentence in one country and is located in the other country will be surrendered to the requesting state.
This process may arise in two different ways. In the first case, the United States of America requests the extradition to the United States of a person located in Turkey. In the second case, Turkey requests the extradition to Turkey of a suspect, defendant, or convicted person located in the United States.
Because an extradition request directly affects personal liberty, it is subject to strict conditions. The nationality of the requested person, the nature of the alleged offense, whether the offense is considered a crime in both countries, statute of limitations, allegation of political offense, right to a fair trial, risk of ill-treatment, and procedural compliance of the extradition documents must be examined together.
In U.S.–Turkey extradition files, the following documents and issues are especially important:
- Extradition request
- Arrest or detention warrant
- Conviction decision or indictment
- Explanations regarding the material elements of the offense
- Classification of the offense under U.S. federal or state law
- The equivalent of the act under Turkish law
- Statute of limitations assessment
- The person’s citizenship and identity information
- Human rights and fair trial risks
Legal Bases of the U.S.–Turkey Extradition Process
The main basis of the extradition relationship between the United States and Turkey is the bilateral treaty signed on June 7, 1979. This treaty contains provisions not only on extradition but also on mutual legal assistance in criminal matters.
For extradition procedures carried out in Turkey, Law No. 6706 on International Judicial Cooperation in Criminal Matters is also fundamental legislation. This law applies to issues such as examination of the extradition request, provisional arrest, judicial control, court proceedings, refusal of the extradition request, and surrender procedures.
In addition, the Constitution, the Turkish Penal Code, and the Code of Criminal Procedure are important in the extradition process. These laws must be assessed together, especially in terms of the extradition of Turkish citizens, arrest measures, judicial control, the equivalent of the offense under Turkish law, and fundamental rights.
The main legal bases are as follows:
U.S.–Turkey Extradition Treaty
Law No. 6706 on International Judicial Cooperation in Criminal Matters
Constitution of the Republic of Turkey
Code of Criminal Procedure No. 5271
Turkish Penal Code No. 5237
International human rights conventions to which Turkey is a party
What Does a U.S.–Turkey Extradition Lawyer Do?
A U.S.–Turkey extradition lawyer evaluates the client’s legal status in extradition files between the United States of America and Turkey, examines the conditions of the extradition request, and helps prepare the defense during the high criminal court process.
In these files, the lawyer’s role is not limited to attending hearings. Whether the documents received from the United States comply with the treaty, the translations of documents, the equivalent of the offense under Turkish law, obstacles to extradition, the proportionality of the arrest measure, and human rights risks must be assessed in detail.
A U.S.–Turkey extradition lawyer provides legal support especially in the following matters:
- Examining the legal conditions of the extradition request received from the United States
- Evaluating extradition requests to be made from Turkey to the United States
- Following Red Notice and diffusion message processes
- Objecting to provisional arrest decisions
- Requesting judicial control measures
- Conducting extradition proceedings before the high criminal court
- Evaluating allegations of political offense, purely military offense, or statute of limitations
- Putting forward allegations regarding fair trial, ill-treatment, or human rights risks
- Filing applications related to deportation, restriction code, and administrative detention procedures
How Does the Extradition Process from Turkey to the United States Work?
The extradition process from Turkey to the United States begins when U.S. authorities submit an extradition request concerning a person located in Turkey. The request is generally transmitted to Turkey through diplomatic channels or central authorities. For Turkey, the central authority is the Ministry of Justice.
The request received from the United States is first examined in terms of form and legal basis. If the request is considered compliant with the treaty, Law No. 6706, and the relevant legislation, the file is sent to the competent Chief Public Prosecutor’s Office. The process then continues before the high criminal court.
The extradition process from Turkey to the United States generally consists of the following stages:
- Preparation of the extradition request by U.S. authorities
- Transmission of the request to Turkey through diplomatic channels or the central authority
- Preliminary examination by the Ministry of Justice
- 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 decision becomes final, carrying out the administrative approval process
- Organization of surrender procedures by the relevant authorities
The fact that the high criminal court finds the extradition request admissible does not mean that the person will be surrendered directly to the United States. There is also an administrative approval stage after the court decision. Therefore, extradition files to the United States have both judicial and administrative aspects.
How Does the Extradition Process from the United States to Turkey Work?
The extradition process from the United States to Turkey comes into question when it is determined that a person who is subject to an arrest warrant, detention order, or final conviction in Turkey is located in the United States of America.
In this case, Turkey may request the person’s extradition to Turkey from U.S. authorities. However, for this request to be accepted, the extradition documents must be prepared completely, clearly, and in accordance with the treaty provisions.
The extradition documents to be sent from Turkey to the United States generally include the following matters:
- Extradition request
- Arrest or detention warrant
- Copy of the judgment if there is a conviction decision
- Explanation regarding the material elements of the offense
- Applicable legal provisions
- Statute of limitations provisions
- Documents useful for identification
- Photograph, fingerprints, or similar identifying elements
- Certified translations
- In extradition files from the United States to Turkey, it is especially important that the request be prepared clearly, consistently, and with strong legal grounds. The classification of the offense must be determined correctly, the act must be capable of being evaluated as an extraditable offense under U.S. law, and sufficient explanation must be provided regarding the statute of limitations.
In criminal files arising from economic crimes, company transactions, fraud, money laundering, or commercial relations, the commercial and financial aspects of the incident must also be examined. Therefore, in some files, commercial law and financial document review may also become important alongside the criminal law assessment.
What Are the U.S.–Turkey Extradition Conditions?
One of the fundamental conditions in the extradition process between the United States and Turkey is that the act subject to the extradition request must constitute a crime under the laws of both countries. In practice, this principle is referred to as dual criminality.
In other words, in a file where the United States requests extradition from Turkey, it is not sufficient for the alleged act to be a crime only under U.S. law. The act must also have a criminal equivalent under Turkish law. Likewise, in cases where Turkey requests extradition from the United States, it is important that the act can be evaluated as an extraditable offense under U.S. law.
The main conditions in the U.S.–Turkey 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 extraditable
- Absence of a statute of limitations or amnesty obstacle
- The request not being of a political offense nature
- The request not falling within the scope of a purely military offense
- Absence of a final judgment for the same act
- Absence of serious risk regarding the person’s fundamental rights
- The extradition documents being prepared in accordance with the treaty and the law
The existence of these conditions must be examined in each file according to the specific circumstances of the concrete case. Even for the same type of offense, different outcomes may arise due to different evidentiary status, statute of limitations, citizenship, or human rights risks.
In Which Cases Can a U.S. Extradition Request Be Refused?
In extradition requests between the United States and Turkey, grounds for refusal are assessed within the scope of both the bilateral treaty and Law No. 6706. While examining whether the extradition request is admissible, the court is not limited only to the statements of the requesting country; it also investigates whether grounds for refusal exist.
The main situations that may lead to refusal of an extradition request are as follows:
- The request being made due to a political offense
- The request aiming to punish the person because of political opinions
- The act being of a purely military offense nature
- The offense being time-barred
- A previous final decision existing for the same act
- The act falling within the scope of amnesty
- The person being under serious risk regarding the right to a fair trial
- Risk of torture or ill-treatment
- The extradition documents being incomplete, contradictory, or procedurally defective
- The request being incompatible with fundamental rights and freedoms
In U.S. extradition requests, the nature of the threatened penalty, the state or federal court where the trial will be held, the person’s immigration status, health condition, political statements, and previous trial history should also be assessed separately.
Red Notice and the U.S.–Turkey Extradition Process
An INTERPOL Red Notice process may also come into question for persons wanted by the United States or Turkey. A Red Notice is an international notification used to locate a person and provisionally apprehend them within the scope of the extradition process.
However, a Red Notice alone is not an international arrest warrant. Each country attaches consequences to a Red Notice according to its own domestic law. Therefore, the apprehension in Turkey of a person who is subject to a Red Notice does not mean that the person will be directly extradited to the United States.
If a person with a Red Notice record is apprehended in Turkey, the process generally proceeds through the following stages:
- The person is apprehended by law enforcement units
- Evaluation of provisional arrest or judicial control measures
- Waiting for extradition documents
- Conducting extradition proceedings before the high criminal court
- Examining extradition conditions and grounds for refusal
- Evaluation of legal remedies against the decision
In files involving a Red Notice or diffusion message, the following matters should also be examined:
- The court decision or arrest warrant underlying the notice
- The nature of the alleged offense
- Whether the offense has a political or military nature
- The equivalent of the act under Turkish law
- Whether the extradition documents arrived within the prescribed period
- Whether provisional arrest is proportionate
- Whether judicial control measures would be sufficient
What Is a Diffusion Message?
A diffusion message is a search notification used similarly to a Red Notice but capable of being sent to certain countries more quickly. Since the Red Notice process may take time, in some cases country Interpol units may directly send diffusion messages.
A diffusion message also does not mean that the person will be automatically extradited. If the person is apprehended in Turkey, provisional arrest, judicial control, waiting for extradition documents, and extradition proceedings before the high criminal court may come into question.
Therefore, swift legal intervention is important in files involving a diffusion message or Red Notice. The file must be examined immediately, especially against the possibility that the person’s liberty may be restricted, that they may face a risk of deportation, or that the extradition process may begin.
Provisional Arrest and Judicial Control
In the U.S.–Turkey extradition process, provisional arrest or judicial control measures may be applied against the requested person. Provisional arrest may come into question under certain conditions even before the extradition documents are completed.
However, since provisional arrest is a severe interference with personal liberty, this measure must comply with legal conditions and be proportionate. The court must take into account matters such as the person’s suspicion of flight, fixed residence, family ties, health condition, the nature of the file, and the status of the extradition documents.
Judicial control measures may also be applied instead of arrest. Within this scope, the following measures may come into question:
Ban on leaving the country
Obligation to report and sign at certain intervals
Residence at a specific address
Deposit of security
Other control obligations to be determined by the court
In extradition files, it is important to file an effective objection against arrest decisions. Especially where the extradition documents are incomplete, the person’s suspicion of flight is not concrete, or judicial control may be sufficient, alternative measures to arrest may be requested.
Extradition Proceedings Before the High Criminal Court
In Turkey, proceedings concerning extradition requests are conducted by the high criminal court. The court examines whether the extradition request received from the United States is admissible.
In this examination, the U.S.–Turkey Extradition Treaty, Law No. 6706, constitutional provisions, and fundamental rights principles are considered together. The court evaluates the documents submitted by the requesting state, the person’s defense, the nature of the offense, grounds for refusal, and protective measures.
The following questions are important in extradition proceedings before the high criminal court:
- Was the extradition request made by the competent authority?
- Are the extradition documents compliant with the treaty?
- Is the alleged act also a crime under Turkish law?
- Is the offense extraditable?
- Is there an allegation of political offense or purely military offense?
- Is there a statute of limitations or amnesty obstacle?
- Has a previous decision been issued for the same act?
- Is the person a Turkish citizen?
- Is there a risk of lack of fair trial or ill-treatment?
- Is the arrest measure proportionate?
If the court deems it necessary, it may request additional information and documents from the requesting state. In files containing incomplete or contradictory documents, this issue is important for the defense.
Can Turkish Citizens Be Extradited to the United States?
As a rule, extradition of Turkish citizens to a foreign country is not possible. Pursuant to Article 38 of the Constitution of the Republic of Turkey, except for obligations required by being a party to the International Criminal Court, a citizen cannot be surrendered to a foreign country due to an offense.
Therefore, as a rule, Turkish citizens cannot be extradited to the United States. However, citizenship status must be carefully examined in light of the specific circumstances of the file. In particular, issues such as dual citizenship, the date of acquisition of citizenship, the date of the offense, and the date of the extradition request may be important.
If it is alleged that a Turkish citizen committed an offense in the United States, different legal mechanisms may come into question instead of extradition, such as conducting an investigation or prosecution in Turkey, mutual legal assistance, evidence sharing, or transfer of proceedings.
Can U.S. Citizens Be Extradited to Turkey?
For the extradition of U.S. citizens to Turkey, U.S. domestic law, the U.S.–Turkey Extradition Treaty, and the assessment of U.S. authorities are important. The treaty provisions contain arrangements stating that the parties are not obliged to extradite their own citizens.
Nevertheless, the competent U.S. authorities may have discretion regarding the extradition of their own citizens. Therefore, the extradition of U.S. citizens to Turkey is assessed in each file according to the concrete circumstances.
In files where Turkey requests extradition from the United States, it is of great importance that the extradition documents be prepared strongly, clearly, and in accordance with the treaty provisions. The elements of the offense, evidence, statute of limitations, applicable legal provisions, and court decisions must be submitted completely.
Documents and Translation in U.S.–Turkey Extradition Files
In extradition requests between the United States and Turkey, the content of the documents, their translation, and procedural compliance are among the most important points of the process. Incomplete, incorrect, or contradictory translations may cause serious problems in the extradition process.
Extradition files generally include the following documents:
- Extradition request
- Arrest warrant
- Detention order
- Conviction decision
- Indictment or documents showing the criminal accusation
- Explanation regarding the material elements of the incident
- Legal texts showing the statutory basis of the offense
- Explanations regarding statute of limitations provisions
- Identity and citizenship information
- Identification documents such as photographs and fingerprints
- Certified translations
It is not sufficient for the documents merely to have been translated. Whether the content complies with the treaty, Law No. 6706, and extradition conditions must also be assessed separately.
The Difference Between Deportation and the Extradition Process
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 U.S.–Turkey extradition files, there may also be a deportation decision, restriction code, administrative detention, or residence permit issue concerning the same person. In such cases, applications under administrative law and foreigners law become important together with the extradition process.
Deportation cannot replace the extradition process. The situation of a person who is subject to an extradition request to the United States must be assessed within the framework of the court and central authority process. Circumventing the extradition process through deportation may lead to legal debates in terms of fundamental rights.
How Long Does the U.S.–Turkey Extradition Process Take?
The duration of the U.S.–Turkey extradition process differs in each file. Therefore, it is not possible 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 documents received from the United States are complete
- Translation and document certification processes
- The trial process before the high criminal court
- Whether additional information or documents are requested
- Whether legal remedies are pursued against the decision
- Administrative approval process
- Existence of human rights or political offense allegations
While some files may be concluded in a shorter time, in other files the process may be prolonged due to missing documents, requests for additional information, human rights objections, or political offense allegations.
U.S.–Turkey Extradition Lawyer Fee
The fee of a U.S.–Turkey extradition lawyer varies depending on the scope of the file and the nature of the legal process. Therefore, it is not correct to determine a fixed fee for all files.
The following matters are generally taken into account in fee assessment:
- Whether the file concerns extradition from the United States to Turkey or from Turkey to the United States
- Whether the person is under arrest
- Whether there is a Red Notice or diffusion message
- The scope of the extradition documents
- Whether examination of documents in a foreign language is required
- The need for translation and international correspondence
- The existence of additional processes such as deportation, administrative detention, or restriction code
- The scope of court proceedings and legal remedies
- The urgency of the file
When determining attorney fees, the Attorney Minimum Fee Tariff of the Union of Turkish Bar Associations is also taken into account. However, since extradition and Interpol files require special examination, the fee should be determined based on the concrete file.
What Should Be Considered When Choosing an Istanbul U.S.–Turkey Extradition Lawyer?
Extradition files between the United States and Turkey directly affect personal liberty and often require swift legal intervention. Therefore, general criminal law knowledge alone may not be sufficient when choosing a lawyer.
The following criteria may be taken into account when choosing an Istanbul U.S.–Turkey extradition lawyer:
- Experience in criminal law and high criminal court proceedings
- Knowledge of the U.S.–Turkey Extradition Treaty
- Experience with Law No. 6706 and international judicial cooperation
- Command of Red Notice and diffusion message processes
- Ability to examine foreign country documents and translations
- Ability to file effective applications against arrest and judicial control decisions
- Ability to assess human rights risks on a legal basis
- Ability to follow deportation and administrative detention procedures together
- Ability to provide the client with regular and clear information about the process
Instead of absolute expressions such as “the best U.S.–Turkey extradition lawyer,” it would be more accurate to work with a lawyer who is suitable for the needs of the concrete file and experienced in international extradition law and criminal proceedings.
Contact for Legal Support
The U.S.–Turkey extradition process is a process that must be conducted carefully in terms of Red Notices, diffusion messages, provisional arrest, extradition proceedings before the high criminal court, extradition requests received from the United States, preparation of extradition requests from Turkey to the United States, and deportation procedures.
You may contact our law office to receive support from an Istanbul U.S.–Turkey extradition lawyer, evaluate the legal conditions of the extradition request, file applications against arrest measures, and examine the file from a human rights perspective.
Frequently Asked Questions
What is the U.S.–Turkey extradition process?
The U.S.–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.
Does extradition from Turkey to the United States take place automatically?
No. The United States submitting an extradition request is not sufficient on its own for extradition. The request is examined in Turkey through the Ministry of Justice and the competent high criminal court process.
Can a Turkish citizen be extradited to the United States?
As a rule, no. According to the Constitution, except for obligations relating to the International Criminal Court, a Turkish citizen cannot be surrendered to a foreign country due to an offense.
Can a U.S. citizen be extradited to Turkey?
The extradition of U.S. citizens to Turkey depends on U.S. domestic law, the U.S.–Turkey Extradition Treaty, and the assessment of U.S. authorities. Each file is examined according to its concrete circumstances.
Does a Red Notice mean extradition to the United States?
No. A Red Notice is an international notification used to locate the person and provisionally apprehend them within the scope of the extradition process. It is not an extradition decision by itself.
In which cases can a U.S. extradition request be refused?
A U.S. extradition request may be refused for reasons such as political offense, purely military offense, statute of limitations, final judgment, amnesty, fair trial risk, danger of ill-treatment, or missing documents.
Which court is competent in the U.S.–Turkey extradition process?
In Turkey, the high criminal court of the place where the person is located is competent to decide on the extradition request. If the place where the person is located is not known, jurisdiction is determined according to the relevant legal regulations.
Can arrest occur in the U.S.–Turkey extradition process?
Yes. If the conditions are met, a provisional arrest decision may be issued. However, arrest must be proportionate, and it must be assessed whether lighter measures such as judicial control would be sufficient.
Is the U.S.–Turkey extradition lawyer fee fixed?
No. The fee varies according to the scope of the file, whether the person is under arrest, the Red Notice record, foreign country documents, translation needs, and the legal procedures to be followed.
References
[1] Treaty on Extradition and Mutual Assistance in Criminal Matters between the Republic of Turkey and the United States of America
https://diabgm.adalet.gov.tr/arsiv/sozlesmeler/ikitaraflisoz/ceza/abd.pdf
[2] Law No. 2312 on the Approval of the Ratification of the Treaty on Extradition and Mutual Assistance in Criminal Matters between the Republic of Turkey and the United States of America
https://www5.tbmm.gov.tr/tutanaklar/KANUNLAR_KARARLAR/kanuntbmmc064/kanunmgkc064/kanunmgkc06402312.pdf
[3] Law No. 6706 on International Judicial Cooperation in Criminal Matters
https://www5.tbmm.gov.tr/tutanaklar/KANUNLAR_KARARLAR/kanuntbmmc100/kanuntbmmc100/kanuntbmmc10006706.pdf
[4] Republic of Turkey Ministry of Justice, Directorate General for Foreign Relations and European Union – General Information on Extradition
https://diabgm.adalet.gov.tr/Home/SayfaDetay/suclularin-iadesi-genel-bilgiler18022020011743
[5] Constitution of the Republic of Turkey
https://www.anayasa.gov.tr/tr/mevzuat/anayasa/
[6] Code of Criminal Procedure No. 5271
https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5271.pdf
[7] Turkish Penal Code No. 5237
https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5237.pdf
[8] INTERPOL – About Red Notices
https://www.interpol.int/en/How-we-work/Notices/Red-Notices
[9] Union of Turkish Bar Associations – Announcement of the 2025–2026 Attorney Minimum Fee Tariff
https://www.barobirlik.org.tr/Haberler/2025-2026-tbb-avukatlik-asgari-ucret-tarifesi-aaut-resmi-gazetede-yayimlanmistir-86023
