Extradition proceedings between the United States and Turkey are a special 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 one country to another. In this process, not only criminal law rules but also international judicial cooperation, human rights, foreigners law, administrative law, and interstate treaties are considered together.
One of the main legal bases of the US-Turkey extradition process is the Treaty on Extradition and Mutual Assistance in Criminal Matters between the Republic of Turkey and the United States of America. From Turkey’s perspective, the provisions of Law No. 6706 on International Judicial Cooperation in Criminal Matters, the Constitution, the Turkish Penal Code, and the Criminal Procedure Code are also important.
An Istanbul US-Turkey extradition lawyer provides legal support in proceedings related to red notices, diffusion messages, provisional arrest, objections to extradition requests, extradition hearings before the high criminal court, examination of extradition documents received from the United States, preparation of extradition requests from Turkey to the United States, and deportation procedures.
The extradition process between the United States and Turkey does not automatically conclude merely because one state submits a request. It must also be assessed whether the extradition request complies with the bilateral treaty, Law No. 6706, the Constitution, fundamental rights, and judicial review.
What Is the US-Turkey Extradition Process?
The US-Turkey extradition process is a legal procedure concerning whether a person who is accused of a crime or has a final sentence in one country will be surrendered to the requesting state if that person is located in the other country.
This process may arise in two different ways. In the first case, the United States requests the extradition of a person located in Turkey to the United States. In the second case, Turkey requests the extradition of a suspect, defendant, or convicted person located in the United States to Turkey.
Because an extradition request directly affects personal liberty, it is subject to strict conditions. The nationality of the requested person, the nature of the alleged offense, whether the act is considered a crime in both countries, limitation periods, claims of political offense, the right to a fair trial, the risk of ill-treatment, and the procedural compliance of extradition documents must be examined together.
In US-Turkey extradition files, the following documents and issues are especially important:
- Extradition request
- Arrest or detention warrant
- Conviction judgment or indictment
- Explanations regarding the material elements of the offense
- The classification of the offense under US federal or state law
- The corresponding act under Turkish law
- Limitation period assessment
- The person’s nationality and identity information
- Human rights and fair trial risks
Legal Grounds of the US-Turkey Extradition Process
The main basis of the extradition relationship between the United States and Turkey is the bilateral treaty signed on June 7, 1979. This treaty contains provisions not only on extradition but also on mutual judicial assistance in criminal matters.
For extradition proceedings conducted in Turkey, Law No. 6706 on International Judicial Cooperation in Criminal Matters is also a fundamental piece of legislation. This law applies to issues such as the examination of extradition requests, provisional arrest, judicial control, court proceedings, refusal of extradition requests, and surrender procedures.
In addition, the Constitution, the Turkish Penal Code, and the Criminal Procedure Code are also important in the extradition process. These laws must be assessed together, especially in relation to the extradition of Turkish citizens, arrest measures, judicial control, the equivalent of the offense under Turkish law, and fundamental rights.
The main legal grounds are as follows:
- The US-Turkey Extradition Treaty
- Law No. 6706 on International Judicial Cooperation in Criminal Matters
- The Constitution of the Republic of Turkey
- Criminal Procedure Code No. 5271
- Turkish Penal Code No. 5237
- International human rights conventions to which Turkey is a party
What Does a US-Turkey Extradition Lawyer Do?
A US-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 assists in preparing the defense during the high criminal court process.
In these files, the lawyer’s role is not limited to attending hearings. Whether the documents received from the United States comply with the treaty, translations of documents, the corresponding offense under Turkish law, obstacles to extradition, the proportionality of arrest measures, and human rights risks must be assessed in detail.
A US-Turkey extradition lawyer provides legal support particularly in the following matters:
- Examination of the legal conditions of extradition requests received from the United States
- Assessment of extradition requests to be made from Turkey to the United States
- Monitoring red notice and diffusion message procedures
- Objecting to provisional arrest decisions
- Requesting judicial control measures
- Conducting extradition proceedings before the high criminal court
- Assessment of political offense, purely military offense, or limitation period claims
- Presentation of claims concerning fair trial, ill-treatment, or human rights risks
- Filing applications related to 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 begins when US authorities submit an extradition request concerning a person located in Turkey. The request is usually transmitted to Turkey through diplomatic channels or central authorities. For Turkey, the central authority is the Ministry of Justice.
The request received from the United States is first examined from formal and legal perspectives. If the request is considered compliant with the treaty, Law No. 6706, and the relevant legislation, the file is sent to the competent chief public prosecutor’s office. The process then continues before the high criminal court.
The extradition process from Turkey to the United States generally consists of the following stages:
- Preparation of the extradition request by US authorities
- Transmission of the request to Turkey through diplomatic channels or the central authority
- Preliminary examination by the Ministry of Justice
- Referral of the file to the competent chief public prosecutor’s office
- Conducting extradition proceedings before the high criminal court
- The court’s decision on whether the extradition request is admissible
- Assessment of legal remedies against the decision
- Execution of the administrative approval process if the decision becomes final
- Organization of surrender procedures by the relevant authorities
The fact that the high criminal court finds the extradition request admissible does not mean that the person will be directly surrendered to the United States. After the court decision, there is also an administrative approval stage. Therefore, extradition files to the United States have both judicial and administrative characteristics.
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 final conviction in Turkey is located in the United States of America.
In this case, Turkey may request the person’s extradition from US authorities. However, for this request to be accepted, the extradition documents must be prepared completely, clearly, and in accordance with the treaty provisions.
The extradition documents to be sent from Turkey to the United States generally include the following:
- Extradition request
- Arrest or detention warrant
- A copy of the judgment if there is a conviction
- Explanation regarding the material elements of the offense
- Applicable legal provisions
- Limitation period provisions
- Documents useful for identity determination
- Photograph, fingerprints, or similar identifying elements
- Certified translations
In extradition files from the United States to Turkey, it is especially important that the request be prepared clearly, consistently, and with strong legal grounds. The legal classification of the offense must be correctly determined, the act must be capable of being considered an extraditable offense under US law, and sufficient explanation must be provided regarding limitation periods.
In criminal files arising from economic crimes, company transactions, fraud, money laundering, or commercial relationships, the commercial and financial aspects of the incident should also be examined. Therefore, in some files, commercial law and financial document analysis may become important alongside criminal law assessment.
What Are the US-Turkey Extradition Conditions?
One of the basic conditions in the extradition process between the United States and Turkey is that the act subject to the extradition request must constitute a crime under the laws of both countries. This principle is referred to in practice as dual criminality.
In other words, in a file where the United States requests extradition from Turkey, it is not sufficient for the alleged act to be a crime only under US law. The act must also have a criminal law equivalent under Turkish law. Likewise, in cases where Turkey requests extradition from the United States, it is important that the act can be considered an extraditable offense under US law.
The main conditions in the US-Turkey extradition process are as follows:
- Existence of a duly submitted extradition request
- The act constituting a crime under the laws of both countries
- The offense being extraditable in nature
- Absence of limitation period or amnesty barriers
- The request not being political in nature
- The request not concerning a purely military offense
- No final judgment existing for the same act
- No serious risk to the person’s fundamental rights
- Preparation of extradition documents in accordance with the treaty and the law
The existence of these conditions must be examined in each file based on the specific facts of the case. Even for the same type of offense, different results may arise due to differences in evidence, limitation periods, nationality, or human rights risks.
In Which Cases Can a US Extradition Request Be Refused?
In extradition requests between the United States and Turkey, grounds for refusal are evaluated under both the bilateral treaty and Law No. 6706. While examining whether the extradition request is admissible, the court does not remain limited to the statements of the requesting state; it also investigates whether grounds for refusal exist.
The main circumstances that may lead to refusal of the extradition request are as follows:
- The request being made due to a political offense
- The request aiming to punish the person because of political opinions
- The act being a purely military offense
- The offense being time-barred
- The existence of a previous final decision for the same act
- The act falling within the scope of amnesty
- The person being under serious risk in terms of the right to a fair trial
- The existence of a risk of torture or ill-treatment
- The extradition documents being incomplete, contradictory, or procedurally defective
- The request being incompatible with fundamental rights and freedoms
In US extradition requests, the nature of the potential penalty, the state or federal court where the trial will take place, the person’s immigration status, health condition, political statements, and previous trial history should also be assessed separately.
Red Notice and the US-Turkey Extradition Process
An INTERPOL red notice process may also arise for persons sought by the United States or Turkey. A red notice is an international notice used to locate a person and provisionally arrest them within the scope of the extradition process.
However, a red notice is not an international arrest warrant by itself. Each country gives effect to a red notice according to its own domestic law. Therefore, the arrest of a person in Turkey who is subject to a red notice does not mean that the person will be directly extradited to the United States.
If a person subject to a red notice is arrested in Turkey, the process generally proceeds through the following stages:
- Arrest of the person by law enforcement units
- Assessment of provisional arrest or judicial control measures
- Waiting for extradition documents
- Conducting extradition proceedings before the high criminal court
- Examination of extradition conditions and grounds for refusal
- Assessment of legal remedies against the decision
In files involving a red notice or diffusion message, the following issues must also be examined:
- The court decision or arrest warrant on which the notice is based
- The nature of the alleged offense
- Whether the offense is political or military in nature
- The corresponding act under Turkish law
- Whether extradition documents arrived within the required period
- Whether provisional arrest is proportionate
- Whether judicial control measures would be sufficient
What Is a Diffusion Message?
A diffusion message is a search notice similar to a red notice, but it can be sent more quickly to certain countries. Since the red notice process may take time, some national Interpol units may directly send a diffusion message.
A diffusion message also does not mean that the person will be automatically extradited. If the person is arrested in Turkey, provisional arrest, judicial control, waiting for extradition documents, and extradition proceedings before the high criminal court may come into question.
Therefore, rapid legal intervention is important in files involving a diffusion message or red notice. The file should be examined immediately, especially against the possibility that the person’s liberty may be restricted, that the person may face a risk of deportation, or that the extradition process may begin.
Provisional Arrest and Judicial Control
In the US-Turkey extradition process, provisional arrest or judicial control measures may be applied to the requested person. Provisional arrest may arise under certain conditions even before the extradition documents are completed.
However, since provisional arrest is a severe interference with personal liberty, this measure must comply with legal conditions and be proportionate. The court must consider issues such as the risk of flight, fixed residence, family ties, health condition, the nature of the file, and the status of extradition documents.
Judicial control measures may also be applied instead of arrest. In this context, the following measures may arise:
- Ban on leaving the country
- Obligation to sign in at certain intervals
- Residing at a specified address
- Depositing security
- Other control obligations determined by the court
It is important to file an effective objection against arrest decisions in extradition files. Alternative measures to arrest may be requested, especially in cases where extradition documents are incomplete, the person’s risk of flight is not concrete, or judicial control may be sufficient.
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.
In this examination, the US-Turkey Extradition Treaty, Law No. 6706, constitutional provisions, and fundamental rights principles are considered together. The court evaluates the documents submitted by the requesting state, the person’s defense, the nature of the offense, grounds for refusal, and protective measures.
The following questions are important in extradition proceedings before the high criminal court:
- Was the extradition request made by the competent authority?
- Are the extradition documents compliant with the treaty?
- Is the alleged act also a crime under Turkish law?
- Is the offense extraditable in nature?
- Is there a claim of political offense or purely military offense?
- Is there a limitation period or amnesty barrier?
- Has a previous decision been given for the same act?
- Is the person a Turkish citizen?
- Is there a risk of unfair trial or ill-treatment?
- Is the arrest measure proportionate?
If the court deems it necessary, it may request additional information and documents from the requesting state. This issue is important for the defense in files containing incomplete or contradictory documents.
Can Turkish Citizens Be Extradited to the United States?
As a rule, Turkish citizens cannot be extradited to a foreign country. Under Article 38 of the Constitution of the Republic of Turkey, except for obligations arising from being a party to the International Criminal Court, a citizen cannot be surrendered to a foreign country because of an offense.
Therefore, as a rule, Turkish citizens cannot be extradited to the United States. However, the citizenship status must be carefully examined according to the specifics of the file. Issues such as dual citizenship, the date of acquisition of citizenship, the date of the offense, and the date of the extradition request may be important.
If a Turkish citizen is alleged to have committed a crime in the United States, different legal mechanisms may arise instead of extradition, such as conducting an investigation or prosecution in Turkey, judicial assistance, evidence sharing, or transfer of prosecution.
Can US Citizens Be Extradited to Turkey?
With respect to the extradition of US citizens to Turkey, US domestic law, the US-Turkey Extradition Treaty, and the assessment of US authorities are important. The treaty provisions include rules stating that the parties are not obliged to extradite their own citizens.
Nevertheless, the competent US authorities may have discretionary power regarding the extradition of their own citizens. Therefore, the extradition of US citizens to Turkey is evaluated in each file according to the specific circumstances.
In files where Turkey requests extradition from the United States, it is highly important that the extradition documents be strong, clear, and prepared in accordance with the treaty provisions. The elements of the offense, evidence, limitation periods, applicable legal provisions, and court decisions must be submitted completely.
Documents and Translation in US-Turkey Extradition Files
In extradition requests between the United States and Turkey, the content, translation, and procedural compliance of documents are among the most important points of the process. Incomplete, incorrect, or contradictory translations may cause serious problems in the extradition process.
Extradition files generally include the following documents:
- Extradition request
- Arrest warrant
- Detention order
- Conviction judgment
- Indictment or documents showing the criminal accusation
- Explanation regarding the material elements of the incident
- Legislative texts showing the legal basis of the offense
- Explanations regarding limitation period provisions
- Identity and nationality information
- Identity determination documents such as photographs and fingerprints
- Certified translations
It is not sufficient for the documents merely to be translated. Their content must also be evaluated in terms of compliance with the treaty, Law No. 6706, and extradition conditions.
The Difference Between Deportation and the Extradition Process
Deportation and extradition 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 surrender process to the requesting state for the purpose of criminal investigation, prosecution, or enforcement of a final conviction.
In US-Turkey extradition files, there may also be a deportation decision, restriction code, administrative detention, or residence permit issue concerning the same person. In such cases, administrative law and foreigners law applications also become important together with the extradition process.
Deportation cannot replace the extradition process. The situation of a person subject to an extradition request to the United States must be evaluated within the framework of the court and central authority process. Bypassing the extradition process through deportation may lead to legal debates in terms of fundamental rights.
How Long Does the US-Turkey Extradition Process Take?
The duration of the US-Turkey extradition process differs from file to file. Therefore, it is not possible to provide a definite period applicable to all files.
The main factors affecting the duration are:
- Whether there is a red notice or diffusion message
- Whether the person is detained
- Whether the documents received from the United States are complete
- Translation and document certification processes
- The trial process before the high criminal court
- Whether additional information or documents are requested
- Whether legal remedies are pursued against the decision
- The administrative approval process
- The existence of human rights or political offense claims
Some files may be concluded in a shorter period, while in some files the process may be prolonged due to missing documents, requests for additional information, human rights objections, or political offense claims.
US-Turkey Extradition Lawyer Fee
The fee of a US-Turkey extradition lawyer varies according to the scope of the file and the nature of the legal process. Therefore, it is not appropriate to determine a fixed fee applicable to all files.
The following issues are generally taken into account when evaluating the fee:
- Whether the file concerns extradition from the United States to Turkey or from Turkey to the United States
- Whether the person is detained
- Whether there is a red notice or diffusion message
- The scope of the extradition documents
- Whether foreign-language document examination is required
- The need for translation and international correspondence
- The existence of additional procedures such as deportation, administrative detention, or restriction codes
- The scope of court proceedings and legal remedies
- The urgency of the file
When determining attorney fees, the Minimum Attorney Fee Tariff of the Union of Turkish Bar Associations is also taken into account. However, since extradition and Interpol files often require special examination, the fee should be determined based on the specific file.
What Should Be Considered When Choosing an Istanbul US-Turkey Extradition Lawyer?
Extradition files between the United States and Turkey directly affect personal liberty and often require rapid legal intervention. Therefore, general criminal law knowledge alone may not be sufficient when choosing a lawyer.
The following criteria may be considered when choosing an Istanbul US-Turkey extradition lawyer:
- Experience in criminal law and high criminal court proceedings
- Knowledge of the US-Turkey Extradition Treaty
- Experience with Law No. 6706 and international judicial cooperation
- Familiarity with red notice and diffusion message procedures
- Ability to examine foreign state documents and translations
- Ability to file effective applications against arrest and judicial control decisions
- Ability to assess human rights risks on a legal basis
- Ability to follow deportation and administrative detention procedures together
- Providing the client with regular and clear information about the process
Instead of absolute expressions such as “the best US-Turkey extradition lawyer,” it would be more appropriate to work with a lawyer experienced in international extradition law and criminal proceedings who suits the needs of the specific file.
Contact for Legal Support
The US-Turkey extradition process, red notices, diffusion messages, 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 processes that must be handled carefully.
You may contact our law office to receive support from an Istanbul US-Turkey extradition lawyer, evaluate the legal conditions of an extradition request, file applications against arrest measures, and examine the file from a human rights perspective.
Frequently Asked Questions
What is the US-Turkey extradition process?
The US-Turkey extradition process is a 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 if that person is located in the other country.
Does extradition from Turkey to the United States happen automatically?
No. The United States submitting an extradition request alone is not sufficient for extradition. The request is examined in Turkey through the Ministry of Justice and the competent high criminal court process.
Can a Turkish citizen be extradited to the United States?
As a rule, no. According to the Constitution, except for obligations related to the International Criminal Court, a Turkish citizen cannot be surrendered to a foreign country because of an offense.
Can a US citizen be extradited to Turkey?
The extradition of US citizens to Turkey depends on US domestic law, the US-Turkey Extradition Treaty, and the assessment of US authorities. Each file is examined according to its specific circumstances.
Does a red notice mean extradition to the United States?
No. A red notice is an international notice used to locate a person and provisionally arrest them within the scope of the extradition process. It is not an extradition decision by itself.
In which cases can a US extradition request be refused?
A US extradition request may be refused for reasons such as political offense, purely military offense, limitation period, final judgment, amnesty, risk to the right to a fair trial, risk of ill-treatment, or missing documents.
Which court has jurisdiction in the US-Turkey extradition process?
In Turkey, the high criminal court of the place where the person is located has jurisdiction to decide on the extradition request. If the person’s location is not known, jurisdiction is determined according to the relevant legal regulations.
Can detention occur in the US-Turkey extradition process?
Yes. If the conditions exist, a provisional arrest decision may be issued. However, detention must be proportionate, and it must be assessed whether lighter measures such as judicial control would be sufficient.
Is the US-Turkey extradition lawyer fee fixed?
No. The fee varies depending on the scope of the file, whether the person is detained, the red notice record, foreign state documents, the need for translation, and the legal procedures to be followed.
References
[1] Treaty on Extradition and Mutual Assistance in Criminal Matters between the Republic of Turkey and the United States of America
https://diabgm.adalet.gov.tr/arsiv/sozlesmeler/ikitaraflisoz/ceza/abd.pdf
[2] Law No. 2312 on the Approval of the Treaty on Extradition and Mutual Assistance in Criminal Matters between the Republic of Turkey and the United States of America
https://www5.tbmm.gov.tr/tutanaklar/KANUNLAR_KARARLAR/kanuntbmmc064/kanunmgkc064/kanunmgkc06402312.pdf
[3] Law No. 6706 on International Judicial Cooperation in Criminal Matters
https://www5.tbmm.gov.tr/tutanaklar/KANUNLAR_KARARLAR/kanuntbmmc100/kanuntbmmc100/kanuntbmmc10006706.pdf
[4] Republic of Turkey Ministry of Justice, Directorate General for Foreign Relations and European Union – General Information on Extradition
https://diabgm.adalet.gov.tr/Home/SayfaDetay/suclularin-iadesi-genel-bilgiler18022020011743
[5] Constitution of the Republic of Turkey
https://www.anayasa.gov.tr/tr/mevzuat/anayasa/
[6] Criminal Procedure Code No. 5271
https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5271.pdf
[7] Turkish Penal Code No. 5237
https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5237.pdf
[8] INTERPOL – About Red Notices
https://www.interpol.int/en/How-we-work/Notices/Red-Notices
[9] Union of Turkish Bar Associations – 2025-2026 Minimum Attorney Fee Tariff Announcement
https://www.barobirlik.org.tr/Haberler/2025-2026-tbb-avukatlik-asgari-ucret-tarifesi-aaut-resmi-gazetede-yayimlanmistir-86023
