Extradition process between Georgia and TürkiyeIt is carried out within the framework of the bilateral legal assistance agreement dated 1996, the Law on International Judicial Cooperation in Criminal Matters No. 6706 and other applicable international rules. Neighborhood or Interpol registration alone is not sufficient for the direct surrender of a person.
The Agreement on Legal Assistance in Civil, Commercial and Criminal Matters between the Republic of Türkiye and the Republic of Georgia was approved by Law No. 4244. Agreement; It regulates in detail the conditions of extradition, necessary documents, provisional detention, surrender and re-extradition to a third country.
What does the Georgia–Türkiye extradition agreement regulate?
According to the agreement, the parties mutually surrender the persons sought for the purpose of investigation or prosecution or execution of a final conviction, under specified conditions. For Türkiye, the Ministry of Justice is the central authority; Court and prosecutor’s office correspondence is coordinated through the central authority.
Extradition and criminal legal assistance are not the same process. Requesting witness testimony, bank records or digital evidence may be within the scope of letters rogatory; Physical delivery of the person requires the extradition procedure. This distinction changes the subject of the request and the documents to be attached.
Sentencing thresholds and double punishability
Extradition for the purpose of investigation or prosecution is possible if the offense requires imprisonment of more than 12 months or a heavier penalty under the law of both countries. In the execution of the final decision, the person must be sentenced to more than six months’ imprisonment. If at least one of multiple crimes meets the threshold, it may be possible for other crimes to be evaluated together.
In the double punishability examination, the behavior described is examined, not the title of the crime. For example, border crossing with forged documents, human smuggling, drug dealing or fraud through informatics are compared based on the elements of the two legal systems. A legal obligation or breach of contract does not constitute a basis for restitution unless there is a separate fraudulent act.
How does the extradition process proceed step by step with Georgia?
- A valid arrest, detention or final conviction decision is determined for the wanted person.
- Act description, law texts, penalty threshold, statute of limitations and identity documents are prepared.
- The request is forwarded to the competent authorities of the other state through the Ministry of Justice.
- In case of emergency, provisional arrest may be requested through Interpol or diplomatic channels.
- The requested state examines the conditions of extradition and the reasons for rejection in accordance with its own law.
- After acceptance, the place and date of delivery are agreed between the states.
If extradition is requested from Turkey to Georgia, the high criminal court of the person’s location decides on admissibility. Extradition proceedings in Turkey, indicates that court decision and final delivery approval are different stages.
What documents and translations are required
For investigation or prosecution, a certified copy of the arrest warrant, a statement describing the commission of the crime and the penalties to be applied are submitted. The final decision, the applicable law articles and the remaining penalty information are added to the execution request. The person’s citizenship, identity, location, photograph and fingerprint should be displayed as clearly as possible.
The agreement allows the documents to be accompanied by a certified translation in the language of the requested party or in English. It may be certified by the party requesting the translation, a sworn translator, a notary or a diplomatic or consular officer. Different spellings, especially in names transferred from the Georgian alphabet, may lead to identity objection.
Temporary detention period and Interpol channel
In emergency cases, a temporary arrest request may be submitted before the official extradition file arrives. The request explains the crime for which extradition is requested, the time, place and commission of the act, and the description of the person. The request can be sent through diplomatic channels, mail, written communication or Interpol.
If the extradition request and documents are not submitted within 45 days following the provisional arrest, the measure may be terminated; In no case may the period exceed 60 days from the date of arrest. Release does not prevent the re-imposition of measures when the case is subsequently completed. Legal function of Interpol notificationsshould be evaluated taking into account that they do not replace the extradition decision.
Citizenship and other reasons for rejection
The requested state does not extradite its own citizens. In case of rejection due to citizenship, upon the request of the requesting party, the file may be forwarded to the state of citizenship for the purpose of criminal prosecution. Statute of limitations, the existence of a final decision on the same crime and the fact that the crime was committed in the country of the requested party are also among the reasons for rejection in a bilateral agreement.
In Turkey, Law No. 6706 also takes into account political or purely military crimes and the risk of discriminatory prosecution. The danger of torture, ill-treatment or serious violation of personal rights is not expressed in abstract terms; Current decisions should be made with health documents and reliable information. Objections to extradition requests It must be submitted through the law appropriate to the type of notification and decision.
Can judicial control be applied instead of arrest?
Detention for extradition purposes is not automatic. Turkish courts must evaluate the risk of flight, fixed residence, family and work ties, health status and the adequacy of less severe measures within the scope of the Criminal Procedure Code. Constitutional Court decisions attach importance to concrete justification of why judicial control will be insufficient.
A person’s frequent use of the limit does not by itself prove a flight risk; travel history is reviewed together with other circumstances of the case. Measures such as confiscating the passport, signature obligation or not leaving the house may come to the fore in a concrete case.
Feature policy and delivery implications
The extradited person cannot be tried or punished for another crime committed before extradition without the consent of the requested party. Delivery to a third state also requires permission as a rule. This protection is subject to exceptions in the agreement, such as staying for a certain period of time, although the person has the opportunity to leave the country after trial or execution.
Georgia notifies the delivery place and date after the acceptance decision. If the requesting party does not receive the person within 15 days following the appointed day, release may be considered. Border gate, air route and health conditions must be coordinated in advance in the delivery plan.
Separate application against Interpol registration
red notificationis a request for international cooperation based on a national arrest warrant; It does not create a conviction or presumption of guilt. Even if the return is rejected, Interpol data may not be automatically deleted. The justification for rejection, finalization of the decision and subsequent actions of the requesting state should also be monitored.
If the registration is out of date, belongs to the wrong person or does not comply with Interpol rules Red notice removal process via CCF assessable. The CCF does not annul the national arrest warrant and the application does not automatically stay the national extradition proceedings.
File-specific evaluation
In cases related to Georgia, border crossing records, identity information in different alphabets, dual citizenship, translations and the criminal history in the request must be checked together. With lawyer Esra Aslan for extradition, temporary arrest and Interpol data to be evaluated in the same file can be contacted. Each application is concluded based on concrete evidence.
Frequently Asked Questions
Is there an extradition agreement between Türkiye and Georgia?
Yes. The legal assistance agreement dated 1996 was approved by Law No. 4244 and regulated the extradition of criminals in detail.
Can Georgian citizens be extradited to Turkey?
According to the agreement, the fact that the person requested from Georgia is a Georgian citizen is a reason for rejection. It may be requested that the case be prosecuted in Georgia.
Can Turkish citizens be handed over to Georgia?
Extradition of a Turkish citizen to a foreign state is not accepted, except for limited exceptions in the law.
Is Interpol registration sufficient for arrest at the border gate?
It is not enough alone. Georgian or Turkish authorities consider provisional detention and other measures in accordance with their own laws.
Which court hears the extradition request from Georgia?
In Turkey, the high criminal court of the person’s location decides on the admissibility of extradition.
Can the incomplete return file be completed?
Yes. The requested party may request the completion of missing information and may set a period not exceeding two months, which may be extended for necessary reasons.
Is a return decision the same as a deportation decision?
No. Extradition is a criminal judicial cooperation process, while deportation is an administrative foreigners law procedure; Their bases and application methods are different.
Will a red notice be issued when the return is rejected?
It doesn’t get up on its own. A separate CCF application may be required to correct or delete Interpol data.
This article is for general information. Extradition conditions, deadlines, translations and legal remedies must also be verified through current legislation and concrete file documents.
