Extradition from Turkey to the UK

Extradition from Turkey to the UK is governed by the 1935 bilateral extradition treaty between the UK and Turkey, supplemented by subsequent cooperation agreements. Turkey does not extradite its own citizens to foreign countries — a critical protection for Turkish nationals. UK extradition requests must satisfy dual criminality and meet Turkish court standards.

Extradition between Turkey and the United Kingdom is governed primarily by the European Convention on Extradition (1957), to which both countries are signatories. This convention establishes a common legal basis for extradition, setting forth the conditions under which surrender may be granted and prohibiting extradition for political offences.

Turkey’s national extradition law is contained in the Code of Criminal Procedure and related legislation. The Turkish Ministry of Justice plays a central role in reviewing incoming requests and making the final executive decision on surrender, even after judicial approval. Turkish law incorporates international human rights standards, preventing extradition where there is a substantial risk of torture or inhuman treatment.

There are no bilateral extradition treaties between Turkey and the UK that deviate significantly from the Convention’s framework. Diplomatic channels between the UK Foreign, Commonwealth & Development Office and the Turkish Ministry of Foreign Affairs are used to formally transmit and acknowledge extradition requests.

Turkish courts and the Ministry of Justice may refuse extradition on several recognised grounds. Understanding these is critical for building an effective defence:

• Dual criminality — the conduct must constitute a criminal offence under both Turkish and UK law
• Political offence exception — extradition is prohibited for crimes of a political character
• Human rights risk — surrender is refused where there is a real risk of torture, inhuman treatment or unfair trial
• Double jeopardy (ne bis in idem) — extradition is refused if the person has already been tried for the same conduct
• Statute of limitations — the offence must not be time-barred under Turkish law
• Turkish citizenship — Turkish nationals may be tried domestically rather than surrendered abroad
• Death penalty — extradition is refused if the requesting state may impose capital punishment
• Insufficient or irregular documentation — requests with procedural defects can be challenged and rejected

The UK initiates extradition proceedings by preparing a detailed request through the Home Office or Crown Prosecution Service. This is transmitted via diplomatic channels to the Turkish Ministry of Foreign Affairs, which forwards it to the Ministry of Justice for initial review.

The Ministry of Justice assesses whether the request meets basic legal requirements: dual criminality, completeness of documentation, and the absence of human rights concerns. If accepted, the request is referred to Turkish criminal courts for judicial proceedings. The individual is notified and given the opportunity to contest the request through legal counsel.

After judicial proceedings, the Ministry of Justice makes the final executive decision. Even if a court approves extradition, the Ministry retains discretion to refuse on political, humanitarian or national interest grounds.

Our legal team employs a range of strategies tailored to the specific facts of each case:

• Political motivation challenge — demonstrating that the UK request is politically motivated or constitutes persecution based on race, religion or nationality
• Human rights arguments — presenting evidence of torture risk, prison conditions, or denial of fair trial in the UK, supported by reports from human rights bodies
• Turkish citizenship protection — invoking Turkish law provisions that allow domestic prosecution instead of surrender
• Statute of limitations — arguing that the alleged offences are time-barred under Turkish law
• Procedural defects — challenging the completeness and authenticity of the extradition documentation
• Insufficient evidence — contesting the evidential basis of the UK request
• ECHR interim measures — applying to the European Court of Human Rights to suspend extradition pending review of rights concerns

We coordinate defence in both Turkish courts and, where applicable, through the European Court of Human Rights. Our team also advises on travel safety during pending proceedings.

Turkish criminal courts conduct a full judicial review of the extradition request. Both prosecution and defence may present arguments and evidence. The court assesses three key criteria:

• Dual criminality — is the alleged conduct a crime in Turkey?
• Absence of political persecution — is the request genuine or politically motivated?
• Fair trial guarantees — will the individual receive a fair trial in the UK, free from torture and inhuman treatment?

The quality of evidence and documentation is decisive. All documents must be properly authenticated and translated into Turkish. Inadequate or poorly presented documentation frequently leads to delays or outright rejection of the request.

If the court approves extradition, the individual has the right to appeal to a higher court. The appeal must be filed within the timeframe specified in the court’s decision and involves full review of the case.

The European Court of Human Rights (ECHR) is a powerful tool in Turkey–UK extradition cases. If the individual faces a real risk of rights violations — torture, inhuman treatment, or denial of a fair trial — they may apply to the ECHR for interim measures to halt extradition while the Court examines the case.

The ECHR does not directly rule on extradition decisions but its findings carry significant weight. Countries are required to comply with interim measures or risk international sanctions. Our team has experience in engaging the ECHR simultaneously with domestic Turkish proceedings, ensuring maximum protection.

Extradition cases require immediate action. If you or a family member faces extradition from Turkey to the UK, contact Intercollegium immediately for a free confidential consultation. We provide 24/7 emergency legal assistance.

Call +357 96 447475 or use our online contact form. Our team coordinates defence in Turkish courts, through the Ministry of Justice, and before the European Court of Human Rights.