"Extradition of criminals" refers to the process by which a foreign national who is subject to a criminal investigation or prosecution, or who has been convicted abroad, is surrendered upon the request of the relevant foreign state in order for the investigation or prosecution to be completed or the imposed sentence to be executed.

Offenses Covered by Extradition

• An extradition request may be accepted for offenses that, according to both the law of the requesting state and Turkish law, require a custodial sentence of one year or more at the investigation or prosecution stage.
• For final convictions, acceptance of an extradition request generally requires that the sentence imposed is at least four months of imprisonment.
• If the person whose extradition is sought has committed multiple offenses, even if some offenses do not meet the above thresholds individually, the combined liability may make extradition possible.
• If multiple states request the extradition of the same individual, the Ministry of Justice determines which request takes priority based on factors such as the seriousness of the offenses, the location where they were committed, the order in which requests were received, the person's nationality, and the likelihood of subsequent re-extradition.
• Upon extradition, the person may be prosecuted or have their sentence enforced only for the offenses that form the basis of the extradition decision.
• A foreign national cannot be deported during the extradition process without the opinion of the Ministry of Justice.
• If an extradition request is rejected, the foreign national cannot be deported to the requesting state without the Ministry of Justice's opinion.

Authority Responsible for Extradition Decisions

The Heavy Penal Court where the person is located has jurisdiction to decide on extradition requests. If the person's location is not established, the Ankara Heavy Penal Court is authorized. The Public Prosecutor's Office submits the extradition request to the Heavy Penal Court for a decision.

Protective Measures for Extradition

During the extradition process, the Heavy Penal Court may apply protective measures under the Code of Criminal Procedure, such as:

• detention,
• arrest,
• search and seizure.

If the person is detained, their detention status must be reviewed by the Heavy Penal Court at least every 30 days until the extradition decision is finalized. If no extradition decision is issued within one year of the extradition decision becoming final, protective measures are lifted. The total detention period cannot exceed what the person would face for the offense that triggered the extradition request.

Temporary Detention

A person who is arrested must be brought before a criminal judge of peace within 24 hours. The judge informs the person of their rights and the possibility of consensual extradition before deciding on temporary detention.

Consensual Extradition

• If the person consents to extradition, the regular extradition procedures may be bypassed, and the person can be surrendered to the requesting state.
• The Heavy Penal Court must inform the person of their rights and the legal consequences of consenting to extradition.
• The court then assesses whether the request is admissible under Turkish law and applicable international agreements.
• Once granted, the extradition based on consent is subject to approval by the Central Authority.

Procedure for Extradition

• If the Heavy Penal Court accepts the extradition request, execution of the extradition decision requires opinions from the Ministries of Foreign Affairs and Interior, followed by the Minister of Justice's proposal and the President's approval.
• If the person fails to present themselves without a valid reason on the agreed date, protective measures are lifted 30 days after that date.
• If the individual has pending criminal proceedings, conviction enforcement, or is otherwise unable to travel, the Ministry of Justice may postpone the surrender.
• Evidence or property useful as proof may be surrendered to the requesting state, even if the person cannot be extradited due to death, escape, or similar reasons.

Circumstances Where Extradition May Be Refused

Extradition may be refused in the following cases:

• The person is a Turkish citizen (except where obligations under the International Criminal Court apply).
• There are substantial grounds to believe the person would face prosecution or punishment based on race, ethnicity, religion, nationality, social group, or political opinion, torture, or ill-treatment.
• The offense is a political offence, connected with political offences, or purely a military offence.
• The offense falls under Turkey's jurisdiction.
• The statute of limitations has expired or the person has been acquitted or pardoned.
• The extradition request concerns a crime punishable by the death penalty or a punishment incompatible with human dignity—unless assurances are provided that the death penalty will not be carried out.
• Personal circumstances (e.g., under 18 years old, long-term residence in Turkey, or marriage) would result in disproportionate harm to the person or their family relative to the offense.