Extradition of criminals between Germany and TürkiyeIt is carried out within the framework of the national law of the state where the wanted person is located, the European Extradition Convention and other international regulations applicable in the concrete case. Every request from Turkey to Germany or from Germany to Turkey; Valid arrest warrants are examined separately in terms of the nature of the crime, evidence and decision documents, and human rights guarantees.
Interpol red notice is not an extradition decision. It is a request for international police cooperation to locate the person and temporarily capture him for extradition. Germany or Türkiye decides on capture and extradition according to their own law.
Legal basis of the Germany-Türkiye extradition process
Both countries are part of the European Extradition Convention system. For Türkiye, the Law on International Judicial Cooperation in Criminal Matters No. 6706 regulates the internal procedure. In Germany, German legislation and court supervision regarding international criminal legal assistance are applied. Reservations and notifications placed on the contract should be checked separately according to the direction of the request.
Extradition may be requested for the purpose of investigation or prosecution or the execution of a final sentence. The request letter must include the identity of the person, description of the incident, legal nature of the crime, statute of limitations information and a suitable copy of the arrest or conviction decision.
Provisional arrest and Interpol registration
In urgent cases, temporary arrest may be requested before the official extradition document is received. The Interpol notification can be used to locate the person at this stage; however Legal effect of red notice It is separate from the national arrest warrant and extradition proceedings.
When a person is caught in Turkey, the process before the prosecutor’s office and the court is followed in terms of the necessity and proportionality of measures restricting freedom. In case of arrest in Germany, the duties of the competent high regional court and federal authorities are brought to the agenda depending on the stage of the file. Failure to submit the official request within the stipulated time may affect the continuation of the interim measure.
How to evaluate return conditions
- Double punishability: It is investigated whether the act constitutes a crime in both countries.
- Severity of crime: The penalty threshold sought in the Convention and national law is checked.
- Statute of Limitations: Deadlines are examined in terms of request and execution.
- Not being tried for the same act: The final decision or ongoing trial is taken into account.
- Political crime and discrimination: The real purpose of the request is evaluated.
- Human rights: The concrete risk of ill-treatment, fair trial and prison conditions is investigated.
Objections should be supported not by abstract claims, but by up-to-date documents related to the person’s situation and the circumstances of the case. Objection to extradition request in Turkey The type of decision and the duration should be determined immediately.
Does citizenship prevent extradition?
The issue of citizenship varies depending on the direction of the request and the constitutional/legal provisions of the relevant state. Germany’s constitutional restrictions on extradition of its citizens to third countries are not the same as Turkey’s rules on extradition of citizens. Dual citizenship and the place where the act was committed are also evaluated.
Refusing extradition does not mean impunity. Under appropriate circumstances, other means of judicial cooperation may come to the fore, such as investigating the file in the state of which the person is a citizen, transferring evidence, or transferring the execution of the sentence.
Stages of extradition case in Turkey
- The request and its attachments are transmitted through diplomatic or designated central authority.
- The form, translation and legal sufficiency of the documents are checked.
- Temporary capture or protection measures are evaluated.
- The competent high criminal court decides on the admissibility of extradition.
- After legal remedies, the administrative decision stage is carried out within the framework of applicable provisions.
Details of the extradition case in Turkey, distinguishes between court review and final delivery. If the person is in Germany, German procedure and objection authorities are taken as basis.
Is it necessary to apply separately for Interpol registration?
Defending the extradition request in a national court does not automatically delete the Interpol data. If the data is thought to be inaccurate, outdated or contrary to Interpol rules CCF application can also be prepared. CCF also does not revoke the national arrest warrant.
It is important to establish a consistent chronology between the file, extradition proceedings and the CCF process in the source country. With lawyer Esra Aslan discussing the concrete file Transactions in Germany and Turkey can be evaluated together.
Frequently Asked Questions
Does the red notice in Germany provide automatic arrest in Turkey?
No. Turkish authorities evaluate arrest and protection measures according to their own law.
Will Türkiye extradite its own citizens to Germany?
Citizenship is an important reason for rejection; Constitutional exceptions and concrete status should be examined separately.
How long does it take to return from Germany to Turkey?
There is no fixed duration. Document completion, detention, appeals and human rights review affect the time period.
Does the allegation of political crime prevent extradition?
Whether the request actually constitutes a political crime or discriminatory prosecution is evaluated with concrete data.
If the extradition is rejected, will the Interpol record be deleted?
It is not deleted automatically. Justification for rejection may be submitted separately to CCF and source authorities.
Is there extradition in cases of conviction in absentia?
The nature of the decision is examined, including guarantees of retrial or effective defense.
Is it possible to transfer the penalty instead of extradition?
If there are applicable contracts and the approval of both states, prisoner transfer or execution cooperation may be considered.
This content is for general legal information purposes. Current contract provisions, reservations, national legislation and deadlines should also be checked in the concrete file.
