Extradition from Turkey to Germany is the process by which Turkish judicial authorities request Germany to surrender a person wanted in Turkey after that person is located in Germany. The procedure is not governed by the European Arrest Warrant system. Instead, it is conducted under the European Convention on Extradition, its additional protocols, the domestic laws of both countries and the instruments binding Turkey and Germany.
The general framework in both directions is explained on the page about extradition between Germany and Turkey. This article focuses exclusively on cases in which Turkey is the requesting state and Germany is the requested state.
When does Turkey request extradition from Germany?
Extradition may be requested to complete an investigation or prosecution in Turkey or to enforce a final prison sentence. Under Article 22 of Turkish Law No. 6706, there must be a valid arrest warrant or detention order against the person. At the investigation or prosecution stage, the maximum sentence prescribed for the offence must be at least one year of imprisonment; where there is a final judgment, a prison sentence of at least four months is required.
The European Convention on Extradition likewise applies to acts punishable in both states by deprivation of liberty for at least one year. In requests for enforcement of a sentence, the remaining term must meet the threshold set by the Convention. Both the requirements of Turkish law and those of the Convention must therefore be reviewed together.
How is the request prepared in Turkey?
- The public prosecutor or court identifies the valid arrest warrant and the person’s connection with Germany.
- The manner in which the offence was committed is described in the request using concise, chronological and specific statements.
- The arrest warrant, applicable statutory provisions, limitation rules, identity information and a summary of the evidence are attached.
- The necessary translations are prepared and the documents are sent to the Ministry of Justice.
- The central authority reviews the request and, if it is found compliant, forwards it to the German authorities.
The full names of the relevant laws should be used in the request instead of Turkish abbreviations such as “TCK” or “CMK”. If the conviction was rendered in absentia, the guarantees concerning a retrial and the person’s right of defence must be explained separately.
Which authorities decide in Germany?
Germany examines extradition requests under the Act on International Mutual Assistance in Criminal Matters and the European Convention on Extradition. The public prosecutor’s office and the competent Higher Regional Court assess whether extradition is admissible, while the decision to surrender also requires action by the competent federal authorities. The competent place and authority may depend on the German state in which the person is located.
Because Turkey is not a member of the European Union, the European Arrest Warrant does not apply directly to Turkey’s request. This distinction is important so that the simplified surrender rules within the EU are not confused with the traditional extradition procedure.
What does Germany examine in an extradition request?
| Issue examined | Key question |
|---|---|
| Dual criminality | Does the conduct also constitute an offence under German law? |
| Penalty threshold | Is the minimum level of seriousness required by the Convention met? |
| Nationality | Is the person a German citizen, and is there a constitutional obstacle? |
| Human rights | Is there a concrete risk concerning a fair trial or ill-treatment? |
| Rule of speciality | Will the person be prosecuted only for the offences stated in the request? |
Under the German Constitution, extradition of German citizens to a state outside the European Union is generally not permitted. Limited exceptions are provided for EU member states and international courts. Dual nationality and the date on which nationality was acquired must therefore be documented.
Why might Turkey’s request be refused?
A political offence, a final decision concerning the same conduct, limitation periods, discriminatory prosecution and human-rights risks may constitute grounds for refusal. In the case of judgments rendered in absentia, particular importance is attached to whether the right of defence was genuinely exercised and whether an effective guarantee of a retrial exists.
German authorities focus on the actual conduct rather than solely on the name given to the charge under Turkish law. In cases connected with a press statement, social-media post or political activity, they may examine in detail whether the alleged offence is an ordinary criminal offence or political in nature.
Provisional arrest and Interpol records
An urgent request for provisional arrest may be sent before the formal extradition documents are completed. A Red Notice is not an automatic arrest warrant for the German authorities; action is taken in accordance with national decisions and the requirements of the Convention. The formal documents must arrive within the period prescribed by the Convention for detention to continue.
Permanent residence, employment, family ties and the absence of a risk of absconding may be considered when assessing less restrictive measures. Types of Interpol notices and national detention for extradition purposes do not produce the same legal consequences.
Within what limits may the extradited person be prosecuted in Turkey?
Under the rule of speciality, without Germany’s consent the person may not be prosecuted or have a sentence enforced for another offence committed before extradition that was not included in the request. If the legal classification of the charge changes later, it must be checked whether the conduct remains extraditable under the new classification.
After surrender, detention and criminal proceedings in Turkey are governed by the Turkish Code of Criminal Procedure. An extradition decision does not prove guilt; the presumption of innocence and the rights of defence continue to apply.
Challenges in Germany and applications in Turkey
Challenges to the admissibility of extradition are brought in Germany under German law. In Turkey, the relevant criminal-procedure remedies may be used against the arrest warrant, judgment or investigative measures. The page on challenging an extradition request in Turkey concerns requests in the opposite direction, so the two procedures should not be confused.
If Interpol data is outdated or incompatible with the purpose of extradition, an application to the Commission for the Control of Interpol’s Files (CCF) may also be considered. Attorney Esra Aslan may be contacted for a joint assessment of the Turkish criminal file, the German extradition documents and the Interpol record.
Frequently Asked Questions
Can Turkey bring a person back from Germany directly?
No. A formal extradition request must be sent to the German authorities in accordance with the Convention and German law.
Does the European Arrest Warrant apply to Turkey?
Because Turkey is not an EU member, the traditional extradition system, rather than the European Arrest Warrant, applies to a Turkish request addressed to Germany.
Can a German citizen be extradited to Turkey?
As a general rule, the German Constitution prevents the extradition of a German citizen to a state outside the European Union.
Is a Red Notice sufficient for arrest in Germany?
It does not produce an automatic result on its own. The German authorities decide under national law and the requirements of the Convention.
Can a conviction rendered in absentia be used for extradition?
Yes, but the right of defence and, where necessary, the guarantee of a retrial are examined in detail.
Does the case end if Germany refuses extradition?
No. The investigation or judgment in Turkey may remain in force, and the status of the case and the Interpol record must be assessed separately in light of the reason for refusal.
Can the extradited person be prosecuted for another offence?
Because of the rule of speciality, proceedings may generally be brought only for the offences on which extradition was based.
This content is provided for general legal information. The competent German authorities, treaty reservations and the time limits applicable to the individual case must be verified separately.
