The extradition process between France and Turkey is an international judicial cooperation process in which it is assessed whether a person who is subject to a criminal investigation, prosecution, or final conviction will be surrendered from France to Turkey or from Turkey to France.
One of the most important legal bases for extradition procedures between Turkey and France is the European Convention on Extradition. Turkey is a party to this convention and its additional protocols; the Ministry of Justice also states that extradition procedures for countries party to the ECE are carried out according to the provisions of the convention.
In addition, extradition processes conducted in Turkey also take into account Law No. 6706 on International Judicial Cooperation in Criminal Matters, the Constitution, the Code of Criminal Procedure, and international principles concerning human rights.
What Is the France–Turkey Extradition Process?
The France–Turkey extradition process is the legal process for determining whether a person who has a criminal file in one country will be surrendered to the requesting state when that person is located in the other country.
This process may arise in two ways. In the first case, France may request the extradition to France 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 France.
In both cases, the extradition request is not automatically accepted. The legal basis of the request, the nature of the offense, the person’s citizenship, limitation periods, allegations of political offense, human rights risks, red notice records, and the procedural compliance of extradition documents are assessed together.
Legal Bases of the France–Turkey Extradition Process
One of the main sources in the extradition process between France and Turkey is the European Convention on Extradition. Under the Convention, extradition may arise for offenses that, under the laws of both the requesting and requested states, require a custodial sentence of a certain severity. The Convention regulates offenses punishable by deprivation of liberty with an upper limit of at least one year in investigation or prosecution files, and a sentence of at least four months in conviction cases.
For Turkey, Law No. 6706 also constitutes the domestic legal basis of the extradition process. This law applies to the examination of extradition requests from foreign states, provisional arrest, judicial control, extradition proceedings before the high criminal court, and the surrender process.
The main legal bases are as follows:
- European Convention on Extradition
- Law No. 6706 on International Judicial Cooperation in Criminal Matters
- Constitution of the Republic of Turkey
- Code of Criminal Procedure No. 5271
- Human rights conventions to which Turkey is a party
- INTERPOL red notice and diffusion system
Extradition Process from Turkey to France
The extradition process from Turkey to France begins when French authorities submit an extradition request concerning a person located in Turkey. The request is usually transmitted to Turkey through diplomatic channels or central authorities.
In Turkey, the extradition request is first examined by the Ministry of Justice. If the request contains deficiencies, additional information and documents may be requested. If the request is deemed compliant with the law and the relevant conventions, the file is sent to the competent chief public prosecutor’s office and then to the high criminal court.
The extradition process from Turkey to France generally consists of the following stages:
- Preparation of the extradition request by the French authorities
- Transmission of the request to Turkey
- Preliminary examination by the Ministry of Justice
- Requesting additional information and documents if documents are missing
- Sending the file to the competent chief public prosecutor’s office
- Conducting extradition proceedings before the high criminal court
- The court deciding whether the extradition request is admissible
- Evaluation of legal remedies against the decision
- If the acceptance decision becomes final, carrying out the administrative approval and surrender process
The fact that the high criminal court finds the extradition request admissible does not mean that the person will be directly surrendered to France. In the extradition process, after the judicial stage, there is also an administrative approval and surrender stage.
Extradition Process from France to Turkey
The extradition process from France 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 France.
In this case, Turkey may request the extradition of the relevant person to Turkey from the French authorities. The request documents must be prepared clearly, completely, and in accordance with the provisions of the convention.
The following documents are generally important in extradition requests from France to Turkey:
- Extradition request
- Arrest warrant or detention order
- A copy of the judgment if there is a final conviction
- Explanations concerning the place and time of the offense
- Legal classification of the offense
- Applicable legal provisions
- Information on limitation provisions
- Identity and citizenship information
- Photographs, fingerprints, or identity verification documents
- Certified translations
The European Convention provides that extradition requests must be made in writing and that supporting documents such as the conviction judgment, detention order, description of the offense, relevant legal provisions, and identity information must be attached to the request.
France–Turkey Extradition Conditions
One of the basic conditions in France–Turkey extradition files is the principle of dual criminality. Accordingly, the act subject to the extradition request must constitute an offense under both the law of the requesting country and the law of the requested country.
The main conditions in the extradition process are as follows:
- The existence of a duly submitted extradition request
- The act must be considered a crime under both French and Turkish law
- The offense must be serious enough to be extraditable
- There must be no statute of limitations or amnesty bar
- The request must not concern a political offense
- The act must not fall solely within the scope of a military offense
- There must not have been a final judgment previously rendered for the same act
- The person must not be under serious risk in terms of fundamental rights
- The extradition documents must have been prepared in accordance with the convention and the law
The existence of these conditions must be examined separately in each file. Even for the same type of offense, different outcomes may arise due to citizenship, limitation periods, the state of the evidence, human rights risks, or allegations of political offense.
Red Notice and the France–Turkey Extradition Process
It is possible for an INTERPOL red notice to be issued for persons wanted by France 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 to law enforcement authorities worldwide to locate a person and provisionally arrest them for extradition, surrender, or similar legal action; however, it is not an international arrest warrant.
Therefore, the arrest in Turkey of a person who is the subject of a France-based red notice does not mean that the person will automatically be extradited to France. 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 on which the red notice is based
- The nature of the alleged offense
- The equivalent of the act under Turkish law
- Whether the request has a political nature
- Whether the extradition documents arrived within the required period
- Whether the conditions for provisional arrest have been met
- Whether judicial control would be sufficient
- Whether there is a human rights or fair trial risk
Provisional Arrest and Judicial Control
In France–Turkey extradition files, a provisional arrest or judicial control order may be issued against the person. However, a red notice or extradition request alone does not mean automatic arrest.
Under the European Convention on Extradition, provisional arrest may be requested in urgent cases; the request for provisional arrest must include the existence of an arrest warrant or conviction judgment, an indication that an extradition request will be sent, the nature of the offense, the place and time it was committed, and information useful for identifying the person. The Convention also provides that provisional arrest may be terminated if the extradition request and documents do not arrive within a specified period.
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 measures deemed appropriate by the court
When assessing a provisional arrest or judicial control order, the person’s fixed residence, family ties, health condition, whether the risk of flight is concrete, the nature of the offense, and the status of the extradition documents must be considered together.
Extradition Proceedings Before the High Criminal Court
In Turkey, extradition requests from France are assessed by the high criminal court. The court examines whether the extradition request is admissible.
In this examination, not only the documents sent by the French authorities are taken into account. The person’s defense, the equivalent of the offense under Turkish law, grounds for refusal, citizenship status, limitation periods, human rights risks, and the proportionality of the arrest measure are assessed together.
The following questions are important before the high criminal court:
- Was France’s extradition request made by the competent authorities?
- Are the extradition documents compliant with the ECE and Law No. 6706?
- Does the alleged act also constitute 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 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 find the submitted documents sufficient, it may decide to request additional information and documents.
In Which Cases May France’s Extradition Request Be Rejected?
Extradition requests from France may be rejected within the scope of the ECE and Law No. 6706. While examining the documents of the requesting state, the court also assesses whether there is any obstacle to extradition.
The main circumstances that may lead to rejection of an extradition request are as follows:
- The person is a Turkish citizen
- The act does not constitute a crime under Turkish law
- The offense is 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 a purely military offense
- 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 opinion
- There is a risk of torture or ill-treatment in the requesting state
- There is a serious risk regarding the right to a fair trial
- The extradition documents are incomplete, contradictory, or procedurally defective
The ECE provides that extradition shall not be granted for political offenses, that extradition of nationals may be refused, that extradition cannot be granted if there is a final judgment concerning the same act, and that extradition shall not be granted where the offense is time-barred.
Can Turkish Citizens Be Extradited to France?
As a rule, Turkish citizens cannot be extradited to a foreign country. Therefore, whether the person requested by France is a Turkish citizen must be examined first in the extradition file.
In the citizenship assessment, dual citizenship, the date citizenship was acquired, the date of the offense, the date of the extradition request, and civil registry records are important. If the person is a Turkish citizen, different legal avenues may arise instead of extradition, such as conducting an investigation or prosecution in Turkey, judicial assistance, or evidence sharing.
Extradition of French Citizens to Turkey
In files where Turkey requests extradition from France, the French authorities assess the request within the framework of their domestic law and the provisions of the ECE. Under the ECE, each party has the right to refuse the extradition of its own nationals.
For this reason, the extradition of French citizens to Turkey is examined depending on the concrete circumstances of the file, French citizenship and extradition rules, the nature of the offense, the state of the evidence, and human rights assessment.
In files where Turkey requests extradition from France, it is important that the documents be prepared clearly, consistently, and with strong legal grounds. The elements of the offense, applicable legal provisions, limitation information, arrest warrant or conviction judgment, and translations must be submitted completely.
Documents and Translation Process
In France–Turkey extradition files, the content, translation, and procedural compliance of documents are among the most important points of the process. Incomplete, incorrect, or contradictory documents may prolong the extradition process or lead to rejection of the request.
Extradition files generally include the following documents:
- 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
- Legislative texts showing the legal basis of the offense
- Explanation concerning limitation provisions
- Identity and citizenship information
- Identity verification documents such as photographs and fingerprints
- Certified translations
It is not sufficient for the documents merely to be translated. The translated documents must also be examined in terms of the ECE, Law No. 6706, and extradition conditions.
Are Deportation and Extradition 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 a person to the requesting state for the purpose of a criminal investigation, prosecution, or enforcement of a final conviction.
In France-based extradition files, there may also be a deportation decision, restriction code, administrative detention, or residence permit issue concerning the same person. In such cases, foreign nationals law and administrative law applications should also be assessed together with the extradition process.
Deportation does not replace the extradition process. The situation of a person subject to an extradition request to France must be examined within the framework of the special rules of extradition law and the court process.
How Long Does the France–Turkey Extradition Process Take?
How long the France–Turkey extradition process will take varies depending on the nature of each file. Therefore, it is not correct to give a fixed period applicable to all files.
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 have been prepared completely
- 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 are pursued against the decision
- How long the administrative approval and surrender stage will take
Some files may conclude in a shorter time, while in others the process may be prolonged due to missing documents, requests for additional information, human rights allegations, or a political offense defense.
What Does a France–Turkey Extradition Lawyer Do?
A France–Turkey extradition lawyer evaluates the client’s legal status in extradition files between the two countries, examines the extradition conditions, and helps create a defense strategy in the court process.
An extradition lawyer or INTERPOL lawyer may provide legal support in the following matters:
- Examining the extradition request from France
- Evaluating the extradition request to be made from Turkey to France
- Examining red notice and diffusion message records
- Objecting to a 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 extradition documents in terms of translation and procedure
- Following deportation, restriction code, and administrative detention procedures
- Evaluating application routes for the removal or correction of an 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.
France–Turkey Extradition Lawyer Fee
The France–Turkey extradition lawyer fee varies depending on the scope of the file and the nature of the process. Therefore, it is not correct 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 France to Turkey or from Turkey to France
- Whether the person is detained
- Whether there is a red notice or diffusion message
- The scope of the extradition documents
- The need for French or Turkish translation
- Whether a foreign law examination is required
- Whether there are additional processes such as deportation, restriction code, or administrative detention
- The scope of the court proceedings and legal remedies
- The urgency of the file
Because extradition files directly affect personal liberty and require technical examination, fees should be determined according to the specific features of the concrete case.
Contact for Legal Support
The extradition process between France and Turkey 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 receive support from a France–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 France–Turkey extradition process?
The France–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 will be surrendered to the requesting state when that person is located in the other country.
Which convention is the extradition process between Turkey and France based on?
One of the main bases in the extradition process between Turkey and France is the European Convention on Extradition. Turkey is a party to the ECE and its additional protocols.
Is France’s extradition request automatically accepted?
No. France’s submission of an extradition request is not sufficient by itself. The request is assessed in Turkey through the Ministry of Justice and the competent high criminal court process.
Does a red notice mean extradition to France?
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 France?
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 concrete file.
In which cases may France’s extradition request be rejected?
An 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, risk of 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 documents are required for extradition from France to Turkey?
The extradition request, arrest warrant or conviction judgment, description of the offense, applicable legal provisions, identity information, limitation explanation, and certified translations are generally among the basic documents.
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 must be assessed separately.
References
[1] Republic of Turkey Ministry of Justice DİABGM – Legal Bases of Extradition Procedure.
[2] European Convention on Extradition, ETS No. 024.
[3] Law No. 6706 on International Judicial Cooperation in Criminal Matters.
[4] INTERPOL – Red Notices.
