SERVICES > LEGAL ASSISTANCE > EXTRADITION OF THE CRIMINALS
III- PREPARING EXTRADITION DOCUMENTS FOR THE REQUESTS OF TURKISH AUTHORITIES FROM FOREIGN PARTY :

Following documents should be attached to a letter of extradition:
Indictment (for accused or convicts)
Court decision containing finalization statement (for convicts)
Escape warrant or arrest warrant (defaulting)
Articles which will be employed or are employed to crimes (including the proceeding or others concerning limitation of actions)
Identity card/photocopy of passport, (if others are not available birth records)
Red bulletin
Document of finger print
Photo or record of description of the person with photo
Some significant evidence to vindicate the crime (Ex. Witness statement related to the person for whom extradition is requested or relevant crimes, photos of explosives obtained by search etc.)

Extradition request shall contain following information:
Following information is mentioned in those example letters with links under headings above. Every section shall be filled with detailed information.

  • Information about the person for whom extradition is requested
  • Information concerning the indictment
  • Information concerning the offences to be prosecuted
  • Facts about commission of the offence
  • Evidence against the extraditable person
  • Information related to his imprisonment
  • Information concerning his defense
  • Information whether the final judgment is informed to him in person (for convicts)
  • Information about time limitations
  • Conditional release and dates of release (for convicts)
  • Conventions on which legal assistance requests base
  • Guarantees
  • Result of the request

Important issues that need to be considered in preparing request of extradition
A) Issues about the content
Facts about commission of the offence:
Facts about commission of the offence section are under above mentioned links which are about the example requests. While preparing this section, the way how the crime is committed shall be detailed by mentioning place and time.
Not the facts of the offence but the facts which have been approved by the court should be in the indictment drafted for the convicts.
The facts about the offence which exist in the extradition requests for suspects shall be taken from indictment and transmitted properly   and they shall be rewritten in a plainer language. As the facts about offence may concern more than one suspects and this situation makes it difficult for the extradition request to be understood.

Using a plain language in letters:
Due to long or inverted sentences; misinterpretation and change of meaning because of translations, letters are not understood properly by foreign judicial authorities. Particularly, long and inverted sentences which are copied from indictment and added to letter of request are subject to change of meaning. Therefore, it is advised to use short and plain sentences. It should be taken into consideration that it is the translation that matters most not the Turkish version of the letter.
There is an example piece of writing below:
There is an animosity between accused M.KAYA (‘’KAYA’’) and victim Y. TOPRAK (‘’TOPRAK’’) because of money. KAYA asked TOPRAK to talk in person on 08.11.2009. KAYA and TOPRAK met near Kayadibi Beldesi in a vacant field and started quarreling. After a while the quarrel turned into fight. TOPRAK attacked KAYA with an iron which he got on the spot. KAYA fell down due to strikes on his head.  The moment when he walked towards him and said  ‘I will kill you’, KAYA shot TOPRAK with his licensed gun which he was carrying. On of the bullet went into TOPRAK’s head and the other one in his chest. KAYA deserted TOPRAK on the screen and went away. After many hours witnesses PH and FS who were walking nearby found TOPRAK wounded and taken him to hospital. TOPRAK who stayed in intensive unit at the hospital for 3 days died on 11.11.2009 as a result of the wounds sustained by being shot with a firearm.

Referring to Convention:
In the letter of extradition, multilateral conventions or bilateral convention shall be referred.  For more information concerning the conventions please look above Judicial Grounds of Extradition Process.  As it does not concern foreign judicial authorities, there is no need to write number and dates of law approving convention or agreements and the date on which they are issued in official gazette.

Evidence:
The letter of request shall deal with details which give profound information related to evidence that will help prove the case. E.g.: It is stated in  Forensic Institution’s report that the bullet core taken from victims body belongs to X’s gun.
In referring to witness’s statement, before which authority and whether he gave his statement on oath or not should be mentioned. E.g.: In witness’s sworn testimony dated …..  to Prosecution Office, he noted that he saw the accused shot at the victim.

Abbreviations in the letter of request:
European Convention on Extradition or other conventions which are basis of letters should be written with its full name. Some abbreviations such as ‘SİDAS’ etc. are not understood by foreign judicial authorities.
On the other hand names of code should not be solely written like ‘TCK’, ‘CMK’ or law no such as 3713 S.K. but full name should be mentioned.

B) Other Details
Signature, stamp, annotation of authentication:
The letters shall be signed and stamped by writing name, surname and title by Judge or Public Prosecutor. Attachments to letter (red bulletin form, finger print form etc.) do not need to be signed by Judge or Public Prosecutor, it will be enough for the authorized official to annotate with authentication and stamp then sign them.

Adding copy of ID card or passport:
It is compulsory to add copies of ID card or if available passport to request for extradition.

Filling:
Documents shall be placed in a file.  Stapler shall not be used. Documents should be prepaid as 3 sets of copies.
Posting the file physically:

Document shall be sent physically with wet signature and stamp on it. Those files which are only uploaded to UYAP or faxed and are not sent physically will not be posted to foreign judicial authorities.

Sending document also electronically: 
Those files prepaid physically shall also be scanned and sent to our Ministry via UYAP. As all files obtained via UYAP are archived, there is always access to files through the system and by this way there is no loss of data even if the files get lost physically.  Also, if foreign judicial authorities lose any of the documents, our Ministry provides those documents though e-mail and the process goes on.

Translation :
Extradition files prepaid by our judicial authorities shall be posted to our Ministry without translating them.  Those files are to be sent translation office after being reviewed by our Ministry.

   
***Click the links below to access other parts…
   
I-
GENERAL INFORMATION
   
II-
LEGAL GROUNDS OF EXTRADITION
   
IV- GUARANTEEING THE RETRIAL
   
V-
TRYING A EXTRADITED PERSON FROM THE CRIMES THAT ARE NOT THE SUBJECT MATTER OF THE EXTRADITION OR EXECUTION OF SUCH JUDGMENTS
   
VI- EXTRADITION REQUESTS FROM FOREIGN STATES
   
 
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