An extradition treaty is a type of international agreement between two or more countries. This agreement regulates the extradition of people who have committed crimes from one country to another for the purpose of justice. Such agreements are used to prevent criminals from escaping and to ensure that crimes do not go unpunished. When we examine the concept of extradition of criminals in detail, we attach importance to the following issues.
1. Basic Principles: Extradition agreements are concluded in accordance with international law and the domestic law of the two countries. The basic principles of such agreements may be:
- Presence of the Criminal: Requesting extradition requires the presence of the person who committed the crime. The crime committed by the person to be extradited must be a recognized crime type in the requesting country.
- Double Criminal Case Principle: Extradition agreements are made in accordance with the principle of double criminal prosecution in order to prevent a person from being tried twice for the same crime.
- Respect for Human Rights: It is important that the fundamental human rights of the criminal person are respected during the extradition process.
2. Process: The extradition treaty process usually includes the following steps:
- Submission of Refund Request: A country submits an application requesting the extradition of a person who has committed a crime. This application includes the identity of the person to be extradited, the crime he committed and the evidence.
- Arrest or Detention: After the extradition request is received, a detention or arrest warrant may be issued for the person to be extradited. This is to prevent the person from escaping.
- Judgment and Evaluation: The extradition request is evaluated by the judicial system of the destination country. If it is determined that the request complies with international law, agreements and domestic law, the process continues.
- Arrest Decision: If the extradition request is accepted, an arrest or detention order may be issued. At this stage, it is important to act in accordance with the person's rights and agreements.
- Return Decision: Following the trial and evaluation process, the destination country may decide to extradite the criminals. If the request is appropriate, the guilty person is extradited.
- Return Process: The guilty person is sent to the extraditing country by the authorities of the extraditing country. This process may include international transportation, security measures and other details.
3. Crime Types and Scope: Extradition treaties generally apply to serious crimes (e.g. terrorism, organized crime, drug trafficking) and crimes subject to criminal proceedings. However, whether refund requests will be accepted may vary from case to case and from country to country.
Extradition agreements play a very important role in international cooperation and ensuring that crimes do not go unpunished. However, it is necessary to comply with international law, human rights and legal standards during the execution of such agreements.
EXTRADITION AGREEMENTS TO WHICH TURKEY IS A PARTY
Turkey has become a party to many agreements for international cooperation on extradition of criminals. Here are some extradition agreements to which Turkey is a party:
- European Convention on Human Rights (ECHR): Turkey, as a member of the Council of Europe, has become a party to the ECHR. The ECHR also contains various provisions on extradition of criminals and protects fundamental human rights such as the right to a fair trial.
- 1980 European Extradition Convention: With this agreement, which Turkey signed in 1982 and entered into force in 1988, it regulates the extradition of criminals among the member states of the Council of Europe. The Convention aims to accelerate the extradition of criminals and ensure cooperation.
- 1990 Baghdad Extradition Convention: Turkey has become a party to this convention, which aims to regulate the extradition of criminals among the member countries of the League of Arab States.
- 1996 Organization of Islamic Cooperation Extradition Convention: Turkey has become a party to this agreement to regulate the extradition of criminals among the member countries of the Organization of Islamic Cooperation.
- 2003 American Arrest Warrant (ATE) Agreement: Turkey has become a party to this agreement signed between the United States of America and the European Union. The agreement aims to facilitate the extradition of criminals.
- Agreement between Members of the Council of Europe on Legal Assistance and Extradition (1959): Turkey has become a party to this agreement, which regulates the extradition of criminals and legal assistance among the members of the Council of Europe.
This list includes just a few examples of extradition agreements to which Turkey is a party. Turkey has participated in various agreements regulating the extradition of criminals within the framework of international law and cooperation.
