The extradition process between Russia and Turkey is the legal process in which it is assessed whether a person who is subject to a criminal investigation, prosecution, or final conviction will be surrendered from Russia to Turkey or from Turkey to Russia. This process does not conclude automatically merely upon the request of the authorities of the two countries; the extradition request is examined within the framework of court review, international treaty provisions, Law No. 6706, human rights principles, and the person’s legal status.
The “Agreement on Mutual Legal Assistance in Criminal Matters and Extradition of Offenders” was signed between Turkey and Russia, and the approval of this agreement was deemed appropriate by Law No. 6788. The law states that the agreement was signed in Ankara on December 1, 2014, and published in the Official Gazette dated March 8, 2017.
In Russia-Turkey extradition files, red notices, diffusion messages, provisional arrest, judicial control, extradition proceedings before the high criminal court, deportation procedures, and human rights risks must be assessed together.
What Is the Russia-Turkey Extradition Process?
The Russia-Turkey extradition process is an international judicial cooperation process for determining whether a person who is subject to judicial proceedings in one country and is found in the other country will be surrendered to the requesting state.
This process may arise in two directions. In the first case, the Russian Federation may request the extradition to Russia of a person located in Turkey. In the second case, Turkey may request the extradition to Turkey of a suspect, defendant, or convicted person located in Russia.
In both cases, for an extradition request to be accepted, the request documents must be duly prepared, the alleged act must constitute an extraditable offense, the act must be considered a crime under the laws of both countries, and there must be no grounds for refusal such as limitation periods or political offense.
Legal Grounds of the Russia-Turkey Extradition Process
The main legal basis in the extradition process between Russia and Turkey is the agreement on mutual legal assistance in criminal matters and extradition of offenders signed between the two countries. In the Ministry of Justice’s statement, it was noted that the agreement was signed between the Government of the Republic of Turkey and the Government of the Russian Federation and aimed to facilitate the implementation of the European conventions to which both countries are parties.
For Turkey, Law No. 6706 on International Judicial Cooperation in Criminal Matters also applies. This law regulates the procedures and principles of judicial cooperation with foreign states in criminal matters. The law also clearly states that the Central Authority is the Ministry of Justice.
The main legal sources in the Russia-Turkey extradition process are as follows:
- The agreement on mutual legal assistance in criminal matters and extradition of offenders between the Republic of Turkey and the Russian Federation
- Approval Law No. 6788
- Law No. 6706 on International Judicial Cooperation in Criminal Matters
- Constitution of the Republic of Turkey
- Code of Criminal Procedure
- International human rights conventions to which Turkey is a party
- INTERPOL rules and the red notice system
Extradition Process from Russia to Turkey
The extradition process from Russia to Turkey arises when it is determined that a person who is subject to an arrest warrant, detention order, or final conviction in Turkey is located in Russia.
In this case, Turkey may apply to the Russian authorities for the extradition of the relevant person to Turkey. The application should include the extradition request, the arrest warrant or conviction judgment, documents explaining the material elements of the offense, the applicable legal provisions, limitation-period information, and documents enabling identification.
In extradition requests from Russia to Turkey, the following points are especially important:
- The extradition request must be prepared clearly and consistently
- The arrest warrant or conviction judgment must be procedurally proper
- The act must constitute a criminal offense under Turkish law
- The act must also be an extraditable offense under Russian law
- The offense must not be time-barred
- Translation and certification requirements for the documents must be met
- The request must not be political or purely military in nature
- It must be demonstrated that the person is not at risk in terms of human rights
The Russian authorities assess requests from Turkey within the scope of their domestic law and the bilateral agreement provisions. Therefore, it is important that the documents to be sent from Turkey to Russia are complete, compliant with the agreement, and prepared persuasively.
Extradition Process from Turkey to Russia
The extradition process from Turkey to Russia begins when the Russian authorities submit an extradition request concerning a person located in Turkey. The request is transmitted to Turkey through diplomatic channels or central authorities.
In Turkey, the extradition request is first examined by the Central Authority. Under Law No. 6706, the Central Authority may examine extradition requests, request additional information and documents where necessary, and reject requests that do not meet the necessary conditions. Requests that meet the necessary conditions are sent to the chief public prosecutor’s office before the competent high criminal court.
The extradition process from Turkey to Russia generally consists of the following stages:
- The Russian authorities prepare the extradition request
- The request is transmitted to Turkey
- A preliminary examination is conducted by the Ministry of Justice
- If documents are missing, additional information and documents are requested
- The file is sent to the competent chief public prosecutor’s office
- Extradition proceedings are conducted before the high criminal court
- The court decides whether the extradition request is admissible
- Legal remedies against the decision are evaluated
- If the acceptance decision becomes final, the administrative approval and surrender process is carried out
The fact that the high criminal court finds the extradition request admissible does not mean that the person will automatically be surrendered to Russia. After the judicial stage, an administrative approval and surrender stage also arises in the extradition process.
Russia-Turkey Extradition Conditions
One of the basic conditions in the Russia-Turkey extradition process is that the act subject to the extradition request must be considered a crime under the laws of both countries. This principle is referred to as dual criminality. In other words, in a file where Russia requests extradition from Turkey, it is not sufficient for the alleged act to be a crime only under Russian law; the act must also have a criminal equivalent under Turkish law.
The main conditions in the extradition process are as follows:
- The existence of a duly submitted extradition request
- The act constitutes a criminal offense under the laws of both countries
- The offense is serious enough to be extraditable
- There is no statute of limitations or amnesty bar
- The request is not political in nature
- The act does not fall within the scope of a purely military offense
- No prior decision has been rendered in Turkey for the same act
- The person is not under serious risk in terms of fundamental rights
- The extradition documents have been prepared in compliance with the agreement and the law
These conditions must be assessed in each file according to the specific circumstances of the case. Even for the same type of offense, different outcomes may arise due to citizenship, limitation periods, evidentiary status, human rights risks, or political-offense claims.
Red Notice and the Russia-Turkey Extradition Process
An INTERPOL red notice may be issued for persons wanted by Russia or Turkey. A red notice is an international notification used to locate a person and provisionally arrest them within the scope of the extradition process.
INTERPOL states that a red notice is a request made to law enforcement authorities worldwide to locate a person and provisionally arrest them for extradition, surrender, or similar legal action, but that a red notice is not an international arrest warrant. Member countries attach legal consequences to a red notice according to their own domestic law.
Therefore, the arrest in Turkey of a person who is the subject of a red notice originating from Russia does not mean that the person will be directly extradited to Russia. In Turkey, provisional arrest, judicial control, and extradition proceedings are also conducted.
In files involving a red notice, the following matters should be examined:
- The arrest warrant or court decision on which the red notice is based
- The nature of the alleged offense
- The equivalent of the act under Turkish law
- Whether the request is political in nature
- Whether the extradition documents arrived within the required period
- Whether the conditions for provisional arrest have arisen
- Whether judicial control would be sufficient
- Whether there is a human rights or fair trial risk
Provisional Arrest and Judicial Control
In Russia-Turkey extradition files, a provisional arrest or judicial control order may be issued against the person. However, a red notice or extradition request does not automatically result in arrest in every case.
Under Law No. 6706, where there is strong suspicion that an offense that may be subject to an extradition request has been committed, the person may be provisionally arrested even before the extradition request reaches the Central Authority. The same article provides that, instead of provisional arrest, a judicial control order may be issued under Article 109 of the Code of Criminal Procedure in a way that prevents the person from fleeing.
The following measures may come into consideration within the scope of judicial control:
- A ban on leaving the country
- An obligation to sign in at regular intervals
- Residing at a specified address
- Providing security
- Restrictions concerning passports or travel documents
- Other control obligations to be determined by the court
When assessing a provisional arrest or judicial control decision, the person’s fixed residence, family ties, health condition, whether the risk of flight is concrete, the status of the extradition documents, and the nature of the offense should be considered together.
Extradition Proceedings Before the High Criminal Court
In Turkey, the high criminal court is competent to assess extradition requests from Russia. Under Law No. 6706, the high criminal court of the place where the person is located is competent to decide on the extradition request. If the person’s location is not known, the Ankara high criminal court is deemed competent.
The court examines whether the extradition request is admissible. During this examination, the documents sent by the requesting state, the person’s defense, the nature of the offense, extradition conditions, grounds for refusal, and human rights risks are assessed together.
The following questions are important before the high criminal court:
- Was Russia’s extradition request made by the competent authorities?
- Are the extradition documents compliant with the agreement and Law No. 6706?
- Is the alleged act also a crime under Turkish law?
- Is the offense extraditable?
- Is the person a Turkish citizen?
- Is there an allegation of political offense or purely military offense?
- Is there a statute of limitations or amnesty bar?
- Has a prior decision been rendered in Turkey for the same act?
- Is there a risk of torture, ill-treatment, or lack of a fair trial?
- Is the arrest or judicial control measure proportionate?
If the court does not consider the documents sent by the requesting state sufficient, it may request additional information and documents.
In Which Cases Can Russia’s Extradition Request Be Rejected?
Russia’s extradition request from Turkey may be rejected within the scope of Law No. 6706 and the relevant treaty provisions. The court does not look only at the existence of the extradition request; it also examines whether there is an obstacle to extradition.
The main circumstances that may lead to rejection of the extradition request are as follows:
- The person is a Turkish citizen
- The act does not constitute a crime under Turkish law
- The offense has become time-barred or has been subject to amnesty
- The request concerns a political offense or an offense connected with a political offense
- The act is purely military in nature
- There has previously been an acquittal or conviction in Turkey for the same act
- The person is at risk of being punished because of their race, religion, ethnic origin, nationality, social group, or political opinions
- There is a risk of torture or ill-treatment in the requesting country
- There is a serious risk concerning the right to a fair trial
The request involves the death penalty or a risk of punishment incompatible with human dignity
The extradition documents are incomplete, contradictory, or procedurally improper
In Law No. 6706, circumstances such as the act underlying the extradition request being a thought offense, a political offense, or an offense connected with a political offense; being a purely military offense; being time-barred or subject to amnesty; or a previous decision in Turkey for the same act are listed among important grounds for refusal in extradition.
Can Turkish Citizens Be Extradited to Russia?
As a rule, Turkish citizens cannot be extradited to a foreign country. Therefore, if the person requested by Russia is a Turkish citizen, this is one of the issues that must be examined first in the extradition file.
However, citizenship status must be assessed concretely in each file. Dual citizenship, the date citizenship was acquired, the date of the offense, the date of the request, and civil registry records are important in this examination.
If a Turkish citizen is alleged to have committed an offense in Russia, different legal avenues may arise instead of extradition, such as conducting an investigation or prosecution in Turkey, judicial assistance, evidence sharing, or transfer of proceedings.
Extradition of Russian Citizens to Turkey
The extradition of Russian citizens to Turkey arises in files where Turkey is the requesting state. In this case, the Russian authorities assess Turkey’s request within the framework of the bilateral agreement, their own domestic law, and international obligations.
In files where Turkey requests extradition from Russia, complete preparation of the extradition documents is of great importance. The elements of the offense, evidence, legal provisions, arrest warrant or conviction judgment, limitation-period information, and translations must be clearly added to the file.
Documents and Translation Process
In Russia-Turkey extradition files, the content and translation of documents are among the most important stages of the process. Missing, erroneous, or contradictory documents may lead to rejection of the extradition request or prolong the process.
The following documents are generally included in extradition files:
- Extradition request
- Arrest warrant or detention order
- A copy of the judgment if there is a conviction
- Indictment or documents showing the criminal allegation
- Explanation regarding the material elements of the incident
- Applicable legal provisions
- Explanation regarding limitation-period provisions
- Identity and citizenship information
- Photograph, fingerprints, or identification documents
- Certified translations
It is not sufficient for the documents merely to have been translated. Whether the documents comply with the agreement, Law No. 6706, and the extradition conditions must also be examined.
Are Deportation and the Extradition Process the Same Thing?
Deportation and extradition are not the same legal institution. Deportation is an administrative act concerning the removal of a foreign national from Turkey. Extradition, on the other hand, is the process of surrendering the person to the requesting state for the purpose of a criminal investigation, prosecution, or enforcement of a final conviction.
Under Law No. 6706, a foreign national cannot be deported during the extradition process without obtaining the opinion of the Central Authority. Likewise, deportation to a state whose extradition request has been rejected cannot be carried out without obtaining the opinion of the Central Authority.
Therefore, if there is a deportation decision, restriction code, administrative detention, or residence permit issue in Russia-origin extradition files, applications under foreign nationals law and administrative law should also be assessed together with the extradition process.
How Long Does the Russia-Turkey Extradition Process Take?
How long the Russia-Turkey extradition process will take varies according to the nature of the file. It is not appropriate to give a definite period that applies to every file.
The main factors affecting the duration are as follows:
- Whether there is a red notice or diffusion message
- Whether the person is detained
- Whether the extradition documents are complete
- Whether translation and certification procedures have been completed
- Whether the court requests additional information and documents
- Whether there are political-offense or human rights objections
- Whether legal remedies against the decision are pursued
- How long the administrative approval and surrender stage will take
While some files may be concluded in a shorter time, in some files the process may be prolonged due to missing documents, requests for additional information, human rights risks, or political-offense claims.
What Does a Russia-Turkey Extradition Lawyer Do?
A Russia-Turkey extradition lawyer evaluates the client’s legal status in extradition files between the two countries, examines the extradition conditions, and helps develop the defense strategy during the court process.
An extradition lawyer or INTERPOL lawyer may provide support in the following matters:
- Examining the extradition request from Russia
- Evaluating the extradition request to be made from Turkey to Russia
- Examining red notice and diffusion message records
- Objecting to the provisional arrest order
- Requesting judicial control
- Presenting an extradition defense before the high criminal court
- Setting forth political offense, limitation-period, and human rights risks
- Examining the extradition documents in terms of translation and procedure
- Following deportation, restriction code, and administrative detention procedures
- Evaluating application avenues for removing or correcting the INTERPOL record
Early legal intervention is important in these files. This is because the red notice, provisional arrest, waiting for extradition documents, and high criminal court process may develop within a short time.
Russia-Turkey Extradition Lawyer Fee
The fee of a Russia-Turkey extradition lawyer varies according to the scope of the file and the nature of the process. Therefore, it is not appropriate to set a fixed fee for every file.
The following matters are generally taken into account in fee assessment:
- Whether the file concerns extradition from Russia to Turkey or from Turkey to Russia
- Whether the person is detained
- Whether there is a red notice or diffusion message
- The scope of the extradition documents
- The need for Russian or Turkish translation
- Whether foreign law review is required
- Whether there are additional processes such as deportation, restriction code, or administrative detention
- The scope of court proceedings and legal remedies
- The urgency of the file
Since extradition files directly affect personal liberty and require technical examination, fees should be determined according to the characteristics of the specific case.
Contact for Legal Support
The extradition process between Russia and Turkey is a process that must be conducted carefully in terms of red notices, diffusion messages, provisional arrest, judicial control, extradition proceedings before the high criminal court, deportation procedures, and human rights assessments.
You may contact our law office to obtain support from a Russia-Turkey extradition lawyer, assess the legal conditions of the extradition request, file applications against provisional arrest orders, and examine the file from a human rights perspective.
Frequently Asked Questions
What is the Russia-Turkey extradition process?
The Russia-Turkey extradition process is the legal process in which it is assessed whether a person who is subject to an investigation, prosecution, or conviction in one country and is located in the other country will be surrendered to the requesting state.
Is Russia’s extradition request automatically accepted?
No. Russia’s submission of an extradition request is not sufficient by itself. The request is assessed in Turkey by the Central Authority and the competent high criminal court.
Is there an extradition agreement between Turkey and Russia?
Yes. An agreement on mutual legal assistance in criminal matters and extradition of offenders was signed between the Republic of Turkey and the Russian Federation, and approval of this agreement was deemed appropriate by Law No. 6788.
Does a red notice mean extradition to Russia?
No. A red notice is a notification used to locate a person and provisionally arrest them within the scope of the extradition process. INTERPOL states that a red notice is not an international arrest warrant.
Can a Turkish citizen be extradited to Russia?
As a rule, Turkish citizens cannot be extradited to a foreign country. However, citizenship status, dual citizenship, the date of the offense, and the date of the request must be examined separately in the specific file.
In which cases can Russia’s extradition request be rejected?
The extradition request may be rejected in cases such as political offense, purely military offense, limitation period, amnesty, a previous decision for the same act, Turkish citizenship, risk of torture or ill-treatment, lack of a fair trial, or missing documents.
Can there be arrest during the extradition process?
Yes. If the conditions exist, a provisional arrest order may be issued. However, arrest is not automatic. The court must also assess whether judicial control would be sufficient.
What happens if the extradition documents are incomplete?
If the extradition documents are incomplete or insufficient, the court or the Central Authority may request additional information and documents. If the deficiency is not remedied, rejection of the extradition request may come into consideration.
Does deportation replace extradition?
No. Deportation is an administrative act, while extradition is a criminal judicial cooperation process. While the extradition process is ongoing, deportation procedures are subject to special rules.
References
[1] Law No. 6788 on the Approval of the Agreement on Mutual Legal Assistance in Criminal Matters and Extradition of Offenders between the Republic of Turkey and the Russian Federation.
[2] Republic of Turkey Ministry of Justice – Convention Signed with the Russian Ministry of Justice.
[3] Law No. 6706 on International Judicial Cooperation in Criminal Matters.
[4] INTERPOL – Red Notices.
