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IV- GIVING GUARANTEE FOR RE-TRIAL :

Turkey is a party to additional protocol no 2 of European Convention on Extradition.  In accordance with the third article of the said Protocol, if ruling is rendered in absentia of the accused, requested state may request a retrial after extradition of the sentenced person. Requested state generally makes this request before the extradition decision.  Besides, it is also possible to do it at the same time with extradition.

Additional Protocol No 2 was approved by the law no 3732 and published on 25/09/1991 in Official Gazette no 21002.  Procedure and principle about giving guarantee for third article of the mentioned Law are dealt with:

Article 3:
If the person about whom there is Turkish court’s judgment by default is found in one of the countries which are party to the Convention and .  In accordance with the first part of the third article in order to request from the said country a guarantee for the right to a second trial for him, without taking into consideration whether the decision is final or not, the competent court gives a ruling to retry him and after he is extradited he will be subject to this procedure. 

As it is clear enough to understand from article that, when the country from which extradition is requested gives a guarantee without considering whether decision is final or not, the competent court which rendered the judgment makes the decision about this case. (In practice it is given like additional(supplementary) decision) 

In order for foreign judicial authority’s guarantee to be accepted as adequate, there shall be following statements in the paragraphs of the supplementary decision:

There shall be a proceeding against the accused and he will be retried .  In accordance with the third paragraph of additional protocol no 2 of European Convention on Extradition of Sentenced Persons. The accused shall be invited to court and be given the rights which are present in the code of criminal procedure such as representing and defending himself before the court, submitting evidence or requesting to gather proofs.

   
***Click the links below to access other parts…
   
I-
GENERAL INFORMATION
   
II-
LEGAL GROUNDS OF EXTRADITION
   
III- PREPARATION OF EXTRADITION DOCUMENTS FOR THE REQUESTS FROM TURKEY TO OTHER COUNTRIES
   
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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