Extradition process between Azerbaijan and TürkiyeIt is carried out by applying the bilateral agreement between the two states together with the Law on International Judicial Cooperation in Criminal Matters No. 6706. The process is not based solely on searching the person in the Interpol system; A valid arrest or conviction decision, a proper extradition request and a decision of the competent authorities are required.
The Agreement on Legal Assistance in Civil, Commercial and Criminal Matters between the Republic of Türkiye and the Republic of Azerbaijan was approved by Law No. 3906. 33–46 of the Convention. Its articles regulate extradition, provisional detention, surrender and the principle of specialness. In terms of search practices in Azerbaijan Azerbaijan Interpol processes can also be examined.
Legal basis of extradition of criminals in Azerbaijan–Türkiye
According to the bilateral agreement, the parties undertake to mutually hand over, upon request, persons in their countries for the purpose of criminal prosecution or execution of the final decision. In transactions carried out in Turkey, in addition to the contract, Law No. 6706 and the Code of Criminal Procedure apply in terms of protective measures.
The Ministry of Justice is the central authority. If the request is to be sent from Turkey, the document prepared by the judicial authority is inspected by the Ministry and forwarded to the Azerbaijani authorities. The request from Azerbaijan is submitted to the admissibility review of the high criminal court of the place where the person is located in Turkey.
Which crimes are within the scope of extradition?
A bilateral contract provides that the act for extradition for prosecution is based on the law of both states. more than 12 months It requires imprisonment or a more severe punishment. In the execution of the final judgment, the person more than six months He must be sentenced to a prison sentence. These thresholds should be evaluated together with the general thresholds in Law No. 6706.
What does double punishability mean?
The alleged behavior must constitute a crime in both Turkey and Azerbaijan. Crime names or item numbers do not have to be the same. In accusations such as fraud, drug dealing, intentional murder or organized crime, the material elements of the act are compared; Mere non-payment of contractual debt is not considered an extraditable crime.
In what cases can a refund be refused?
According to the contract, the requested state does not extradite its own citizens. Statute of limitations, the existence of a final judgment for the same crime or the commission of the crime in the country of the requested party are also regulated as grounds for rejection in the contract. In case of rejection due to citizenship, the person may be prosecuted in his/her own country upon the request of the requesting party and the documents submitted.
Law No. 6706 also takes into account the risk of political or thought crimes, purely military crimes and discriminatory prosecution. Extradition from Turkey will not be accepted if there is a strong suspicion that the person will be punished or tortured or ill-treated because of his race, religion, citizenship, social group or political opinion. Objection and defense against extradition request These risks must be revealed with personal documents.
Documents that must be included in the request file
For prosecution purposes, a certified copy of the arrest warrant, a description of the act and the applicable legal provisions are attached to the request. In the request for enforcement purposes, the final decision, the provisions applied and how much of the sentence has been served must be shown. Identity, citizenship, address, photograph and, if possible, fingerprint information are important to avoid the risk of false contact.
| document or information | Item to be checked |
|---|---|
| arrest warrant | The authority that made the decision, date, number and currentness |
| Event narration | Place, time, verb and person’s connection with attribution |
| Law texts | Elements of the crime, penalty threshold and statute of limitations |
| conviction | Finalization and remaining execution time |
| identity documents | Name writing, citizenship, photo and fingerprint |
If there is incomplete information, the requested party may give a period not exceeding two months for completion; Extension is possible for valid reasons. Translation and attestation deficiencies may affect the delivery process, especially if the spelling of the name and surname in Azerbaijani and Turkish is different.
Provisional arrest and Interpol notification
In an emergency, provisional arrest may be requested before the official extradition file. According to the contract, if an extradition request is not received within 45 days following the notification, the person may be released; The period can be extended for 15 days upon the request of the requesting party. In Turkey, every protection measure must also be justified within the framework of the CMK and the principle of proportionality.
red notification It is not an international arrest warrant. It is a request for location determination and temporary arrest based on a national arrest warrant. Fixed residence, family ties, health status and lack of risk of escape may be important in the evaluation of judicial control instead of arrest.
Court and legal remedy phase in Turkey
The high criminal court of the person’s location decides with a hearing whether extradition is acceptable within the scope of the contract and Law No. 6706. An appeal against the decision is possible in the ordinary procedure. In the consent-based extradition procedure, the legal consequences of the decision are explained to the person and an objection option is applied.
The court’s admissibility decision does not alone ensure delivery. After the decision is finalized, extradition is subject to the proposal of the Minister of Justice and the approval of the President, after taking the opinion of the Ministries of Foreign Affairs and Internal Affairs. Stages of extradition case in Turkey This explains the judicial and administrative distinction.
Feature policy and limits after delivery
The extradited person cannot be tried or punished for another crime committed before the one that is the basis for extradition, unless there is the consent of the requested state. As a rule, re-delivery to a third state also requires consent. For this reason, the statement of crime in the request must be clear and its boundaries are clear.
Separate from national extradition defence, if Interpol data is inaccurate, outdated or political in nature removal of red notice registration CCF application may be evaluated for CCF application does not automatically stop the process in the high criminal court.
The function of legal support in the file
In defense, the files of the two countries must be compared, translations must be checked, penalty thresholds, citizenship and statute of limitations objections must be submitted within due time. For a documentary-based evaluation with Lawyer Esra Aslan regarding the Azerbaijan-related extradition and Interpol file. can be contacted; The legal outcome depends on the characteristics of the concrete case.
Frequently Asked Questions
Is there an extradition agreement between Türkiye and Azerbaijan?
Yes. The legal, commercial and criminal legal assistance agreement approved by Law No. 3906 also regulates the extradition of criminals.
Can Azerbaijani citizens be extradited to Turkey?
According to the contract, the fact that the person requested from Azerbaijan is an Azerbaijani citizen is a reason for rejection. Instead, the file may be forwarded to their own authorities and a prosecution may be requested.
Can Turkish citizens be extradited to Azerbaijan?
Extradition of a Turkish citizen to a foreign state is not accepted, except for the limited exceptions in Law No. 6706.
Does a red notice lead to automatic arrest in Turkey?
No. Turkish authorities evaluate the domestic legal conditions and proportionality for temporary detention or any other measure.
How long can provisional detention last?
The bilateral agreement stipulates a basic period of 45 days and a 15-day extension upon request of the requesting party; The concrete measure must also comply with Turkish law.
What happens if the returns file is missing
The requested party may request additional information and set a period for completion not exceeding two months, which may be extended for valid reasons.
Will the Interpol record be deleted if the extradition is rejected?
No. The rejection decision can be used in the CCF application, but separate review and application may be required for Interpol data.
This content has been prepared for general legal information purposes. The provisions, deadlines and remedies to be applied should be examined separately according to the current legislation and the concrete file.
