UncategorizedThe Extradition Process Between the United States and Turkey

The extradition process between the United States and Turkey is a special legal field in which criminal law, international judicial cooperation, human rights, and administrative procedures are assessed together, both in terms of the extradition of a person located in Turkey to the United States of America and the extradition of a person located in the United States to Turkey. One of the main legal bases in this process is the Treaty Between the Republic of Turkey and the United States of America on Extradition and Mutual Assistance in Criminal Matters, and the other is the provisions of the Law No. 6706 on International Judicial Cooperation in Criminal Matters [1], [3].

An Istanbul USA-Turkey extradition lawyer provides support in legal processes connected with Red Notices, provisional arrest, objections to extradition requests, extradition proceedings before the high criminal court, examination of extradition documents received from the United States, preparation of extradition requests to be sent from Turkey to the United States, and deportation procedures. In this field, not only the perspective of a criminal law attorney, but also the perspective of an administrative law attorney and international law is important.

Important: The extradition process between the United States and Turkey does not automatically conclude merely because a foreign country has submitted a request. Whether the extradition request complies with the bilateral treaty, Law No. 6706, the Constitution, fundamental rights, and judicial review is assessed separately.

 

What Is the USA-Turkey Extradition Process?

The USA-Turkey extradition process is the legal process concerning the determination of whether a person who is subject to a criminal investigation, prosecution, or conviction decision in one country will be surrendered to the requesting state if that person is located in the other country. From Turkey’s perspective, this process is handled both under the 1979 USA-Turkey treaty and under Law No. 6706 [1], [3].

The main purpose of the extradition process is to surrender the person to the requesting state for trial due to the alleged offense or for the enforcement of a finalized sentence. However, since extradition directly affects personal liberty, it is subject to strict conditions. The citizenship of the requested person, the nature of the alleged offense, statute of limitations, political offense claim, risk of unfair trial, risk of ill-treatment, and procedural compliance of the request documents must be examined together.

Therefore, in USA-Turkey extradition files, the extradition request, arrest warrant, conviction decision, corresponding offense under Turkish law, classification of the offense under U.S. federal or state law, and the person’s fundamental rights are assessed within the same file.

Legal Bases of the USA-Turkey Extradition Process

The main legal basis of the extradition relationship between the United States and Turkey is the bilateral treaty signed in Ankara on June 7, 1979, the approval of which was found appropriate by Law No. 2312 [1], [2]. This treaty contains provisions on mutual assistance in criminal matters as well as extradition of offenders.

In terms of Turkish law, the Turkish Penal Code No. 5237, the Criminal Procedure Code No. 5271, Law No. 6706, and constitutional provisions are also applied together [3], [5], [6], [7]. These provisions should be considered together especially in assessments concerning provisional arrest, judicial control, extradition proceedings, and fundamental rights.

What Does a USA-Turkey Extradition Lawyer Do?

A USA-Turkey extradition lawyer evaluates the client’s legal position in extradition files between the United States of America and Turkey, examines the conditions of the extradition request, and helps establish a defense strategy during the high criminal court process. In this process, criminal law, international judicial cooperation, and human rights law must be evaluated together.

In extradition requests received from the United States, the lawyer’s duty is not limited to attending the hearing. The compliance of request documents with the treaty, translation of documents, the corresponding offense under Turkish law, evidentiary standard, proportionality of the detention measure, and extradition obstacles must also be examined separately.

In this context, a USA-Turkey extradition lawyer provides legal support especially in the following matters:

• Examining the legal conditions of an extradition request received from the United States
• Evaluating an extradition request to be made from Turkey to the United States
• Following Red Notice and diffusion message procedures
• Objecting to provisional arrest and judicial control decisions
• Following extradition proceedings before the high criminal court
• Assessing whether the offense is a political offense, military offense, or time-barred offense
• Submitting claims of unfair trial, ill-treatment, or human rights risks to the file
• Applications connected with deportation, restriction codes, and administrative detention procedures

How Does the Extradition Process from Turkey to the United States Work?

The extradition process from Turkey to the United States arises when the authorities of the United States of America submit an extradition request concerning a person located in Turkey. The request is usually transmitted through diplomatic channels and central authorities. From Turkey’s perspective, the central authority is the Ministry of Justice [4].

The request received from the United States is first evaluated in formal and legal terms. If the request complies with the bilateral treaty, Law No. 6706, and the relevant legislation, the file is forwarded to the competent chief public prosecutor’s office and then to the high criminal court. The high criminal court of the place where the person is located is competent to decide on the extradition request [3].

The extradition process from Turkey to the United States generally consists of the following stages:

1. Preparation of the extradition request by U.S. authorities
2. Transmission of the request to Turkey through diplomatic channels or the central authority
3. Preliminary examination by the Ministry of Justice
4. Sending the file to the competent chief public prosecutor’s office
5. Conducting extradition proceedings before the high criminal court
6. The court deciding whether the extradition request is admissible
7. Assessment of legal remedies against the decision
8. If the acceptance decision becomes final, carrying out the administrative approval and surrender process

The high criminal court finding the extradition request admissible does not mean that the person will automatically be surrendered to the United States. Under Law No. 6706, there is also an administrative approval stage after the court decision. Therefore, extradition files to the United States are mixed files with both judicial and administrative aspects.

Legal Assessment: In an extradition request received from the United States, how the offense is classified under U.S. law is important, but the corresponding offense under Turkish law is equally important. An extradition file cannot be properly examined without a dual criminality assessment.

 

How Does the Extradition Process from the United States to Turkey Work?

The extradition process from the United States to Turkey arises when it is determined that a person who is subject to an arrest warrant, detention order, or finalized conviction decision in Turkey is located in the United States of America. In this case, Turkey may submit an extradition request to U.S. authorities concerning the relevant person.

For Turkey to request extradition from the United States, the extradition request, arrest or conviction decision, explanations regarding the material elements of the offense, applicable legal provisions, and documents useful for identity verification must be prepared in due form. The USA-Turkey Treaty contains provisions on the content of the extradition request [1].

The following issues are especially important in extradition documents to be sent from Turkey to the United States:

• The extradition request must be prepared clearly and consistently
• The arrest or conviction decision must be duly issued
• The material elements of the alleged act must be explained
• The legal basis of the offense under Turkish law must be shown
• The act must be capable of being evaluated as an extraditable offense under U.S. law
• Sufficient explanation must be provided regarding statute of limitations and enforcement period
• Translation and certification requirements for documents must be fulfilled

In this process, documents connected with commercial law may also be important in the assessment of criminal files arising from economic crimes, company transactions, fraud, money laundering, or commercial relations. Therefore, in extradition files from the United States to Turkey, not only the criminal file but also the commercial or financial background of the incident should be examined.

What Are the USA-Turkey Extradition Conditions?

One of the main conditions in the extradition process between the United States and Turkey is that the act subject to the extradition request must constitute an offense under both the law of the requesting state and the law of the requested state. In practice, this is evaluated as the principle of dual criminality.

According to the USA-Turkey Treaty, offenses that may be subject to extradition are regulated as offenses requiring custodial penalties of a certain severity under the laws of both countries within the scope of the treaty provisions [1]. Law No. 6706 also provides that extradition may arise for offenses that require a custodial sentence with an upper limit of one year or more at the investigation or prosecution stage [3].

The main conditions in the USA-Turkey extradition process are as follows:

• A duly submitted extradition request by the requesting country
• The act must constitute an offense under the laws of both countries
• The offense must be extraditable in nature
• There must be no statute of limitations or amnesty obstacle
• The request must not be political or purely military in nature
• There must be no final judgment concerning the same act
• There must be no serious risk concerning the person’s fundamental rights
• The extradition documents must be prepared in accordance with the treaty and the law

In Which Cases May an Extradition Request Be Rejected?

In extradition requests between the United States and Turkey, grounds for refusal are evaluated under both the bilateral treaty and Law No. 6706. The USA-Turkey Treaty regulates that extradition shall not be accepted or may be refused in terms of political offenses, purely military offenses, statute of limitations, final judgment, and certain prosecution situations [1].

The main circumstances that may lead to rejection of an extradition request are as follows:

• The request is made due to a political offense or an offense connected with a political offense
• The request aims to prosecute or punish the person because of political opinions
• The act subject to the extradition request is purely military in nature
• The offense is time-barred
• There is a previous finalized acquittal or conviction decision concerning the same act
• Prosecution has been or will be conducted in Turkey
• The act is considered within the scope of amnesty
• There is a risk of torture, ill-treatment, or unfair trial
• The extradition documents are incomplete, contradictory, or procedurally defective

The existence of grounds for refusal must be examined according to the specific circumstances of each file. In particular, the nature of the trial to be held in the United States, the penalty threat, the person’s immigration status, political statements, health condition, and previous trial history may affect the outcome of the file.

Red Notice and the USA-Turkey Extradition Process

The INTERPOL Red Notice process may also arise concerning persons wanted by the United States or Turkey. According to INTERPOL, a Red Notice is an international notification to law enforcement authorities to locate a person and provisionally arrest them for the purpose of extradition, surrender, or similar legal action; however, it is not an international arrest warrant by itself [8].

If a person with a Red Notice record is arrested in Turkey, the process often brings forward the stages of provisional arrest, waiting for extradition documents, and extradition proceedings before the high criminal court. Therefore, swift legal assessment is important in U.S.-origin Red Notice files.

The following issues should be examined in files involving a Red Notice or diffusion message:

• The arrest warrant or court decision underlying the Red Notice
• The nature of the offense alleged by the requesting country
• Whether the offense is political or military in nature
• The corresponding act under Turkish law
• Whether the person may be provisionally arrested
• Whether the extradition documents arrived within the required period
• Whether judicial control measures are sufficient

Important: A Red Notice record does not mean that the person will necessarily be extradited. In Turkey, the court separately examines whether the extradition conditions exist, and the person’s right of defense is important in this process.

 

Provisional Arrest and Judicial Control

In the USA-Turkey extradition process, provisional arrest or judicial control measures may be applied concerning the requested person. Provisional arrest may arise under certain conditions even before the extradition documents are completed. However, these measures must be proportionate and must be strictly reviewed because they interfere with personal liberty.

Law No. 6706 contains special provisions concerning provisional arrest and protective measures in the extradition process [3]. In addition, the judicial control and arrest provisions of the Criminal Procedure Code are also important in extradition proceedings [6].

In an extradition file, judicial control may be requested instead of arrest. In this context, measures such as a travel ban, signature obligation, staying at certain addresses, or security may be evaluated. In particular, the person’s fixed residence, family ties, health condition, and whether the suspicion of flight is concrete are important for the defense.

Extradition Proceedings Before the High Criminal Court

In Turkey, proceedings concerning extradition requests are conducted by the high criminal court. The court examines whether the extradition request received from the United States is admissible. During this examination, treaty provisions, Law No. 6706, the Constitution, and fundamental rights principles are evaluated together.

In extradition proceedings before the high criminal court, the person’s defense, the requesting state’s documents, the nature of the offense, grounds for refusal, and protective measures are handled together. Therefore, it is important for the process to be followed by a lawyer experienced in high criminal court and criminal proceedings.

The following questions are especially important in the court’s examination:

• Was the extradition request made by competent authorities?
• Do the extradition documents have the content required under the treaty?
• Is the alleged act also an offense under Turkish law?
• Does the offense fall within the scope of extraditable offenses?
• Is there an obstacle due to political offense, purely military offense, or statute of limitations?
• Is it clear whether the person is a Turkish citizen?
• Is there a risk of unfair trial or ill-treatment?
• Is the detention measure proportionate?

Is Extradition of Turkish Citizens to the United States Possible?

Constitutional provisions are important in terms of the extradition of Turkish citizens to a foreign country. Pursuant to Article 38 of the Constitution of the Republic of Turkey, except for the obligations required by being a party to the International Criminal Court, a citizen cannot be extradited to a foreign country for an offense [5].

Therefore, as a rule, extradition of Turkish citizens to the United States is not possible. However, the person’s citizenship status, possibility of dual citizenship, date of offense, date of acquisition of citizenship, and the type of requested procedure must be separately examined in the specific file.

If it is alleged that a Turkish citizen committed an offense in the United States, different mechanisms such as conducting an investigation or prosecution in Turkey, mutual legal assistance, evidence sharing, or transfer of proceedings may arise instead of extradition. Therefore, citizenship status is one of the first issues to be examined in extradition files.

Is Extradition of U.S. Citizens to Turkey Possible?

In terms of extradition of U.S. citizens to Turkey, U.S. domestic law, the USA-Turkey Treaty, and the assessment of the relevant U.S. authorities are important. The USA-Turkey Treaty provides that neither party is required to extradite its own citizens; however, the competent executive authority of the United States has the authority to agree to the extradition of its own citizens at its discretion [1].

Therefore, extradition of U.S. citizens to Turkey depends on the assessment of U.S. authorities and the legal sufficiency of the extradition request in each file. In files where Turkey is the requesting state, it is of great importance that the extradition documents are prepared clearly, strongly, and in accordance with the treaty provisions.

Documents and Translation in USA-Turkey Extradition Files

In extradition requests between the United States and Turkey, the content and translation of documents are among the most important stages of the process. According to the USA-Turkey Treaty, the extradition request must be made in writing, and certified translations of the supporting documents in the language of the requested party must be attached [1].

The following documents generally arise in extradition files:

• Extradition request
• Arrest warrant or detention warrant
• Conviction decision or indictment
• Explanation of the material elements of the incident
• Legislative texts showing the legal basis of the offense
• Explanation concerning statute of limitations provisions
• Identity and citizenship information
• Photograph, fingerprint, or documents useful for identity verification
• Certified translations

Incomplete, contradictory, or inadequately translated documents may lead to serious problems in the extradition process. Therefore, extradition documents must be carefully examined in terms of both criminal law and international judicial cooperation rules.

The Difference Between Deportation and the Extradition Process

Deportation procedures may also arise in USA-Turkey extradition files. However, deportation and extradition of offenders are not the same legal institution. Deportation is an administrative procedure concerning the removal of a foreigner from Turkey. Extradition, on the other hand, is the process of surrendering a person to the requesting state for the purpose of a criminal investigation, prosecution, or enforcement of a conviction decision.

While an extradition file is ongoing, there may also be a deportation decision, restriction code, administrative detention, or residence permit issue concerning the same person. In such cases, administrative law applications also become important alongside the extradition process.

A deportation procedure cannot replace the extradition process. If there is an extradition request to the United States concerning a person, that request must be evaluated within the framework of the court and central authority process. Bypassing the extradition process through deportation may create a separate legal debate in terms of fundamental rights.

How Long Does the USA-Turkey Extradition Process Take?

How long the USA-Turkey extradition process will take varies depending on the nature of the file. Whether there is a Red Notice, whether the person is detained, whether the documents received from the United States are complete, the translation process, the proceedings before the high criminal court, legal remedies, and the administrative approval stage all affect the duration.

In some files, provisional arrest and the waiting period for documents may progress quickly, while in other files, the process may take longer due to missing documents, requests for additional information, human rights risks, or political offense claims. Therefore, it would not be accurate to provide a definite duration applicable to every extradition file.

USA-Turkey Extradition Lawyer Fees

USA-Turkey extradition lawyer fees vary depending on the scope of the file, whether the person is detained, whether there is a Red Notice or diffusion record, whether the extradition request comes from the United States or Turkey, whether foreign-language document review is required, and whether there are additional applications connected with administrative procedures.

When determining attorney fees, the Attorney Minimum Fee Tariff published by the Union of Turkish Bar Associations is taken into account. The Union of Turkish Bar Associations has announced that the 2025-2026 Attorney Minimum Fee Tariff was published in the Official Gazette [9].

Therefore, it would not be accurate to give a fixed amount for USA-Turkey extradition lawyer fees. The nature of the file, urgency, detention status, scope of foreign country documents, and legal procedures to be followed must be evaluated together.

What Should Be Considered When Choosing an Istanbul USA-Turkey Extradition Lawyer?

Extradition files between the United States and Turkey directly affect personal liberty and often require swift legal intervention. When choosing a USA-Turkey extradition lawyer in Istanbul, not only general criminal law knowledge but also experience in international judicial cooperation, Red Notices, high criminal court proceedings, human rights, and administrative procedures should be taken into account.

When choosing a lawyer, the following criteria should especially be evaluated:

• Experience in criminal law and high criminal courts
• Knowledge of the USA-Turkey extradition treaty
• Knowledge of Law No. 6706 and international judicial cooperation
• Experience in Red Notice and diffusion message procedures
• Ability to legally evaluate extradition documents and foreign-language documents
• Ability to make effective applications against arrest and judicial control measures
• Ability to follow deportation and administrative detention procedures together
• Ability to regularly inform the client about the process

Instead of absolute expressions such as “the best USA-Turkey extradition lawyer,” it is more appropriate to work with a lawyer who is suitable for the needs of the specific file and experienced in international extradition law and criminal proceedings.

Contact for Legal Consultation

The USA-Turkey extradition process, Red Notices, provisional arrest, extradition proceedings before the high criminal court, extradition requests received from the United States, preparation of extradition requests from Turkey to the United States, and deportation procedures are legal processes that must be handled carefully.

To receive support from an Istanbul USA-Turkey extradition lawyer, to evaluate the legal conditions of the extradition request, to file applications against detention measures, and to examine the file from a human rights perspective, you can contact our law firm.

Frequently Asked Questions