Extradition process between Kazakhstan and Turkeyis executed by applying the domestic law of the requested state together with the bilateral agreement between the two countries. The International Law on Judicial Cooperation in Criminal Matters No. 6706 in Turkey determines how the conditions in the agreement signed with Kazakhstan will be evaluated in domestic law.
The “Agreement on Mutual Legal Assistance and Extradition in Criminal Matters between the Republic of Turkey and the Republic of Kazakhstan” signed in Almaty on 15 August 1995 was approved by Law No. 4243. About the appearance of Interpol searches in Kazakhstan Kazakhstan Interpol processes is a separate area of legal investigation.
What conditions does the Kazakhstan-Turkey extradition agreement require?
According to the agreement, extradition for the purpose of investigation or prosecution is possible if the act requires at least one year of imprisonment or more severe punishment in both state laws. For the execution of the finalized conviction, the person must have been sentenced to a custodial sentence for more than six months.
Double punishability does not mean that the names of the crimes are exactly the same, but that the concrete behavior constitutes a crime in both countries. Not every claim related to financial dispute, contractual debt or company management is automatically considered fraud; fraudulent behavior and caste must be embodied.
Which authorities handle the return request?
The bilateral agreement allows correspondence to be made, as a rule, through the Ministries of Justice; diplomatic or consular channels may be used when necessary. The central authority in Turkey is the Ministry of Justice. If the request is to leave Turkey, the prosecutor’s office or court prepares the extradition document and submits it to the supervision of the Ministry.
The heavy criminal court of the place of the request from Kazakhstan to Turkey decides on the admissibility of the extradition. Stages OF extradition case IN Turkeyexplains that the court decision and the subsequent political-administrative approval are different procedures.
What documents are attached to the request?
| -Request Objective | Leading documents: |
|---|---|
| Investigation or prosecution | Approved arrest warrant, incident description and applicable law provisions |
| Execution of the sentence | Finalized decision, applied provisions and remaining penalty information |
| Both cases | Citizenship, identity, address, photo and, if possible, fingerprint |
Documents must bear the signature and seal of the competent authority. A translation is prepared in the desired state language; if there is difficulty in this translation, the agreement accepts English translation. Differences in Kazakh, Russian and Turkish spelling of names should be checked for the wrong person objection.
Missing information can be completed before the return is rejected. The agreement allows for a period not exceeding two months for this purpose, which may be extended for a valid reason.
Relationship between provisional arrest and red notice
In case of emergency, temporary arrest may be requested before the official return file. The request should include information about the nature of the crime, the penalty, the date and place of the crime, and the identity and location of the person. If the extradition request and the necessary documents are not received within 40 days from the arrest, the temporary arrest may be terminated.
Interpol red notice extradition order or international arrest warrant. It is a request for cooperation that facilitates the finding and temporary arrest of the person for the purpose of extradition. The decision of arrest or judicial control in Turkey is evaluated separately with the conditions of the Code of Criminal Procedure and the principle of proportionality.
In which cases will the refund be rejected?
The requested state does not extradite its own citizen. The fact that the request is contrary to domestic law, the crime is committed in whole or in part in the desired state country, the ongoing prosecution or final decision on the same act and the statute of limitations are among the reasons for rejection in the agreement.
In terms of Turkey, Law No. 6706 also takes into account political or purely military crimes, discriminatory prosecution and the risk of torture or ill-treatment. objection to a refund request should be based on the person’s situation and file documents, not the general country claim.
Principle of delivery and specification
If the return is accepted, the delivery date is determined. If the person is not received on the determined date, he/she may be released at the end of the following 30 days and the new request may be rejected due to the same crime. If there is an extraordinary obstacle, states can determine a new date and place.
The extradited person cannot be tried or deprived of liberty for another crime committed before the crime of extradition without the consent of the requested state. This principle of property requires that the boundaries of the crime be clearly established in the request.
What evidence is important against the arrest warrant?
Temporary arrest is not an automatic result. Fixed residence, regular work, family ties, health status, compliance with delivery calls and passport movements are important in assessing the risk of escape. The court should concretize why judicial control measures such as the obligation to sign, the ban on going abroad or not leaving the house will be inadequate.
Identity dispute, outdated arrest warrant, failure to meet the penalty threshold and translation errors should be submitted at an early stage. The objection to detention and the defense on the basis of extradition are different legal examinations.
Parallel path for Interpol registration
The legality of the national extradition case and Interpol data is not the same review. If the listing is political, belongs to the wrong person, or is out of date application for red notice removal It can be evaluated separately in front of CCF.
For assessment on the penalty threshold, translation, citizenship registration and Interpol dimension of the Kazakhstan-linked extradition file through the document with Attorney Esra Aslan contactable. The outcome of each file depends on its own facts.
Frequently Asked Questions
Is there an extradition agreement between Turkey and Kazakhstan?
Yes. The 1995 agreement was approved by Law No. 4243 and regulated the conditions for return.
Can a citizen of Kazakhstan be returned to Turkey?
The fact that the person requested from Kazakhstan is a citizen of Kazakhstan is a reason for rejection; prosecution of the file in his/her own country may be on the agenda.
Can a Turkish citizen be returned to Kazakhstan?
The Turkish citizen shall not be extradited to the foreign state with the limited exception of Law No. 6706.
How many days can the provisional arrest last?
According to the agreement, if the official extradition request and documents are not received within 40 days, the temporary arrest may be terminated.
Which court handles the extradition case?
In Turkey, the heavy criminal court where the person is located decides on admissibility.
If the return is rejected, will the red notice be deleted?
No. Interpol registration may require separate CCF application and registration review.
Can the extradited person be charged with any other offence?
As a rule, only extradition offences can be prosecuted; extending the scope may require the consent of the extraditing State.
This article is general legal information. The provisions of the agreement, terms and remedies must be verified separately through the concrete file with the current legislation.
