Extradition is a formal, cooperative law enforcement process between two countries in which a person who is accused or convicted of a crime in the first country, but who fled to the second country, can be legally extracted from that second country and returned to the first, where they can be processed by the justice system. Ordinarily, once a person crosses a national border, representatives from the first country cannot pursue them. People seeking to evade arrest occasionally rely upon this legal loophole and cross into a different country. Extradition counteracts this tactic by establishing cooperation between the law enforcement agencies of both the first and second countries.
As advancements in technology have enabled criminal organizations to operate on an international scale, extradition has become an increasingly vital tool for law enforcement agencies. Extradition enables countries to apprehend fugitives and other wanted criminals involved in crimes such as terrorism, counterfeiting, drug trafficking, and cybercrime even if those fugitives are hiding halfway around the world—provided they are hiding in a country with which the first country has an extradition treaty.
Turkey and the United States have had an extradition treaty in place since 1979 This treaty outlines the terms and conditions under which Turkey and the US can request the extradition of individuals accused or convicted of crimes
A Brief History of US-Turkey Extradition Relations
Extradition is the process where one country surrenders an individual to another country for prosecution or to serve a sentence. The United States and Turkey have a long history of cooperation on extradition that dates back to the Ottoman Empire.
The first extradition treaty between the US and the Ottoman Empire was signed in 1874 This treaty remained in effect with the newly formed Republic of Turkey after the fall of the Ottoman Empire,
The current extradition treaty between the US and Turkey was signed on June 7, 1979 and entered into force on January 1, 1981. This treaty replaced older treaties and continues to serve as the basis for extradition relations between the two countries.
Key Points of the US-Turkey Extradition Treaty
The extradition treaty between the US and Turkey contains 25 articles that outline the rules and procedures for extradition requests between the two countries. Here are some of the key points:
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Extraditable Offenses: The treaty covers extradition for any offense that is punishable under the laws of both countries by imprisonment for more than 1 year. This is known as dual criminality.
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Political & Military Offenses: Extradition can be denied if the offense is determined to be of a political nature or purely a military offense.
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Death Penalty: Turkey may refuse extradition if the offense is punishable by death in the US, unless assured the death penalty will not be imposed.
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Extradition Requests: Requests must be submitted through diplomatic channels and include necessary documents, evidence, and information.
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Provisional Arrest: Allows for the provisional arrest of a person pending the formal extradition request. The request must include information justifying the arrest.
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Competing Requests: If extradition is requested by more than one country, the requested country has discretion on which request takes priority.
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Rule of Specialty: The requesting country can only prosecute the extradited person for the offenses specified in the extradition request.
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Surrender: The requested country should communicate its decision on extradition within a reasonable time and surrender the person once a decision to extradite is made.
Controversies and Exceptional Cases
The extradition treaty between the US and Turkey has functioned well for decades. However, there have been a few controversial cases:
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In 1982, a Turkish fugitive named Ziya Baz was assassinated in Los Angeles shortly after the US approved Turkey’s extradition request.
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In 2016, the US refused Turkey’s request to extradite cleric Fethullah Gulen, accused by Turkey of orchestrating a failed coup. This caused tension between the two countries.
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In 2020, the US arrested and charged a Turkish bank executive who was wanted in Turkey. But the US did not extradite him due to concerns he would be persecuted for political reasons.
Despite some exceptions, the longstanding extradition treaty between the US and Turkey continues to facilitate cooperation between law enforcement and judicial authorities in both countries.
The Extradition Process Step-By-Step
When either country wishes to extradite a person from the other country, they must follow established procedures as outlined in the treaty:
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The requesting country submits a formal extradition request through diplomatic channels. This includes all supporting documents, evidence and information.
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If urgent, the requesting country can ask for provisional arrest while awaiting the formal request.
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The requested country reviews the request and supporting materials to determine if it meets treaty requirements.
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If the request is valid, the requested country will proceed to arrest the person sought for extradition if not already under provisional arrest.
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The arrested person appears before a competent judicial authority to be informed of the request and right to counsel.
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The judicial authority in the requested country holds an extradition hearing to consider any evidence or defenses presented.
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The requested country makes a determination on whether to extradite the person. Extradition may be denied based on treaty exceptions.
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If approved, the person is surrendered to the requesting country’s custody at an agreed upon time and place.
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Once extradited, the rule of specialty means the person can only be prosecuted for the crimes specified in the request.
How extradition treaties work
Extraditions between any two countries are typically regulated by an extradition treaty, which outlines the specific offenses for which a person can and cannot be extradited from that country. For example, the U.S. could not extradite draft dodgers from Canada during the Vietnam era because draft evasion was not listed as an extraditable offense on the U.S./Canada extradition treaty. However, burglary and arson were listed as eligible offenses, so anyone suspected of those crimes could be apprehended by Canadian officials and handed over to U.S. law enforcement. Extradition treaties also outline the process of requesting and processing an extradition between the two countries.
The non-extradition of Edward Snowden
One of the most well-known stories surrounding the issue of extradition is the story of U.S. whistleblower Edward Snowden, a former Central Intelligence Agency (CIA) employee who first flew to Hong Kong and then leaked highly classified information from the National Security Agency (NSA) in 2013. When Snowden fled from Hong Kong to Russia (reportedly en route to Latin America), he was held at the Moscow airport for more than a month as authorities from several countries negotiated his possible safe passage or extradition.
Russia had proposed a treaty with the United States asking for the mutual extradition of criminals—however, the U.S. never agreed to the treaty, and because the U.S. had never extradited any Russian fugitives who had taken asylum in the United States, there was no established precedent to follow. Moreover, Snowden had not broken any Russian laws. Snowden was granted asylum in Russia, where he eventually found work, founded a San Francisco-based non-profit, wrote a successful book, and was joined by his girlfriend, who later became his wife. As of 2021, he continues to live in Russia.
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