Extradition of criminals between Saudi Arabia and TürkiyeRequesting the surrender of a wanted person from another state for the purpose of criminal investigation, prosecution or execution of a finalized prison sentence. Security cooperation arrangements between two countries do not automatically count as an extradition agreement. Since no specific bilateral extradition agreement is listed in current Turkish official sources, the legal basis must be determined separately in each file.
For Türkiye, the Law on International Judicial Cooperation in Criminal Matters No. 6706 applies. If there is no multilateral agreement to which the party is a party in terms of the concrete crime, the request can be carried out through customary international law and the principle of reciprocity. This framework does not mean that delivery is certain.
The first distinction in the Saudi Arabia–Türkiye extradition process
Extradition is based on a judicial request; Deportation or deportation is the process of taking someone out of the country for administrative reasons in foreigners law. The imposition of an immigration measure against a person cannot be used to circumvent the safeguards of extradition proceedings. The risk of serious ill-treatment in the destination country must be assessed with every transfer.
Interpol registration is also a separate layer. Function of Interpol notifications It is a request to share information and find the person; A red notice is not a universal arrest warrant issued by the court.
What are the basic conditions for a refund request?
A person to be sent from Turkey to Saudi Arabia must be a foreigner and the act subject to the request must be eligible for extradition. The upper limit of the act in the investigation or prosecution requires a prison sentence of at least one year; The prison sentence imposed upon final conviction must be at least four months. If there is more than one crime, it may be possible for crimes below the threshold to be evaluated together.
How to determine double punishability
The act must constitute a crime under the law of both countries; The same article number or crime name is not required. Particularly in financial transactions, social media posts, and allegations related to religion or public order, it should be carefully examined whether concrete behavior is a crime in Turkish law.
Does Turkish citizenship prevent extradition?
According to Law No. 6706, Turkish citizens cannot be extradited to a foreign state except for the obligations required by being a party to the International Criminal Court. The date and registration of citizenship must be documented. Rejection of extradition does not automatically eliminate the possibility of investigation in cases where Turkey has jurisdiction.
Grounds for refusal and human rights guarantees
Political or thought crimes, purely military crimes, statute of limitations, amnesty, final judgment on the same act and some cases falling within Turkey’s jurisdiction may be grounds for rejection. The request will not be accepted if there is a risk of discriminatory prosecution or punishment because of the person’s race, ethnicity, religion, citizenship, social group or political opinion.
If there is a possibility of death penalty in Saudi Arabian law for the act subject to the request, the assurance to be given must be clear and applicable. The risk of maltreatment is not an abstract claim; The person’s profile should be presented with the accusation, penalty regime, health status and current information. Scope of objection to extradition request This requires timely submission of documents.
Trial and protection measures in Turkey
The request of the foreign state is first examined by the Ministry of Justice as the central authority. If the request is deemed sufficient, it is forwarded to the high criminal court of the person’s location through the Chief Public Prosecutor’s Office. The court decides with a hearing whether the extradition is acceptable according to Law No. 6706 and applicable international regulations.
- It is determined that the identity and call record belong to the correct person.
- The arrest warrant, crime description, penalty and statute of limitations documents are inspected.
- Double punishability and legal grounds for rejection are examined.
- It is justified whether judicial control is sufficient instead of arrest.
- After the court decision is finalized, the delivery phase is carried out by the central authority.
In the ordinary extradition procedure, it is possible to appeal against the decision of the high criminal court. If the return is accepted based on consent, an appeal against the decision has been made. Consent must be given with free will in the presence of the defense attorney after being explained the consequences. Judicial and administrative stages of the extradition case should be monitored together.
How to request extradition from Saudi Arabia to Turkey
The judicial authority in Turkey may issue an extradition request when there is a valid arrest warrant or arrest warrant for the person. In the request, the acts should be explained chronologically and in short sentences; The arrest warrant, identification information, applicable law articles, statute of limitations and final judgment, if any, must be attached. The harmony of the Arabic translation with the official text is of critical importance.
The guide published by the Ministry of Justice recommends that special attention be paid to requests for legal assistance to be sent to Saudi Arabia in terms of double criminality and the country’s own jurisdiction. The extradition document should not be confused with a letter rogatory request for the purpose of taking a statement or collecting evidence.
Are a red notice and a refund request the same thing?
No. red notificationis a call for cooperation for locating the person and temporary arrest based on the national arrest warrant. The official extradition file is an interstate request that includes events, decisions, criminal provisions and guarantees. Even if there is a red notice, if the request is not completed within time and with sufficient documents, the release of the person may be on the agenda.
If Interpol data is thought to be of a political nature, out of date, or belongs to the wrong person Review and removal of Interpol registration The CCF process can be evaluated for The CCF application does not automatically stay the national court’s extradition decision.
How to set up defense in the sample file
Let’s assume that a Turkish and foreign dual citizen accused of fraud due to a commercial partnership in Saudi Arabia is caught in Turkey. First, the person’s Turkish citizenship, whether the imputation arises from contractual debt or fraudulent behavior from the beginning, and the type of penalty requested are investigated. The risk of death penalty or ill-treatment is evaluated on a crime and individual basis.
Bank records, contracts, correspondence, travel movements, the certified copy of the foreign file and its translation should be examined together. To evaluate the documents with Lawyer Esra Aslan for the extradition, Interpol or injunction file related to Saudi Arabia. Apply from the contact page can be done; The outcome of each case depends on its own facts.
Frequently Asked Questions
Is there a special extradition agreement between Türkiye and Saudi Arabia?
No specific bilateral extradition agreement is listed in current Turkish official sources. Request; It can be handled within the framework of applicable multilateral contract, custom and reciprocity.
Is a security cooperation agreement sufficient for extradition?
Not every security cooperation text is an extradition agreement. The scope of the text and its applicability in terms of concrete crime should also be examined.
Will Saudi Arabia’s red notice lead to arrests in Turkey?
It does not provide it automatically. Turkish authorities evaluate the conditions of the measure in accordance with Law No. 6706 and CMK.
How to handle risk of death penalty in extradition request
The sanction of the crime subject to the request and personal risk are investigated; Adequate, concrete and auditable assurance that the death penalty will not be applied can be sought.
How long does a refund decision take?
There is no fixed duration. Completion of the document, translation, temporary arrest, court and legal action stages change the duration.
Does consenting to return shorten the process?
The consensual procedure may proceed more quickly; However, consent must be given in the presence of the defense attorney after the results are announced.
If extradition is refused, will the person be released immediately?
The basis for extradition measures may be removed; However, if there is another judicial decision, conviction or foreigners law measure, the situation is evaluated separately.
Does CCF application stop the extradition case?
As a rule, no. The CCF process regarding Interpol data and the national extradition proceedings are separate legal remedies.
This article is general information; It is not a legal opinion or conclusion commitment. Current legislation, applicable contracts and legal remedy periods should be checked on the concrete file.
