When Turkey submits an extradition request to a state in Europe, the requested state's courts no longer confine themselves to checking dual criminality. Particularly since 2016, courts in Europe have subjected Turkish extradition requests to a more comprehensive human rights review.

1. The main obstacles to extradition

States party to the European Convention on Human Rights (ECHR) are obliged to assess whether extradition would expose the individual to:

  • A risk under Article 3 ECHR: the possibility of torture or inhuman or degrading treatment in the requesting state
  • A risk under Article 6 ECHR: the possibility of a flagrant denial of justice
  • The political offence exception: serious indications that the request is essentially politically motivated
  • A risk of discrimination: concrete evidence that the person is being targeted based on religion, ethnicity or political opinion

This assessment is carried out notwithstanding any diplomatic assurances offered by the requesting state; courts increasingly scrutinise how such assurances function in practice.

2. Factors courts in Europe weigh in Turkey-related cases

Beyond the general extradition criteria set out above, courts in Europe have increasingly examined several recurring factors in requests originating from Turkey:

  • Whether the alleged offence is more accurately characterised as an act of political expression, dissent, journalism, academic work or civil society engagement rather than genuine criminal conduct
  • Whether the evidentiary basis for the request relies on material that courts have found to be treated as automatically conclusive of guilt, without an individualised assessment of the person's actual conduct
  • Whether the broader context of the prosecution — including the scale and timing of related proceedings — raises doubts about whether the request targets the individual specifically or reflects a wider, non-individualised pattern
  • Current, independent reporting on detention conditions and the practical functioning of the requesting state's criminal justice system

Courts assess these factors case by case; no single element is automatically decisive, and each request is weighed against the specific evidence and circumstances presented.

3. The typical judicial process

When an extradition request is received, the requested state's courts generally follow these stages:

  • Formal review: completeness of documentation, dual criminality, statute of limitations
  • Substantive review: risks under Articles 3 and 6 ECHR, allegations of political motivation
  • Individualised assessment: general country conditions are not sufficient on their own — the person's specific situation, profile and case file are assessed separately
  • Recourse to the ECtHR: before an extradition decision becomes final, interim measures under Rule 39 can be requested from the ECtHR, suspending extradition until the Court's review is complete

4. The role of the ECtHR's interim measures mechanism

Individuals facing extradition risk to Turkey can, after exhausting (or demonstrating the ineffectiveness of) domestic remedies, apply to the ECtHR for interim measures under Rule 39. If the Court identifies a serious and concrete risk of irreparable harm in the event of extradition, it can issue a measure suspending the extradition. This mechanism is critical in preventing extradition from proceeding before the substantive review is complete.

5. Practical challenges

  • Standards vary between states in Europe: some domestic courts apply stricter scrutiny to risk while others give greater weight to diplomatic assurances
  • The process is often lengthy and complex, and the individual may remain in detention throughout
  • Expert opinions and up-to-date country reports are often decisive in enabling courts to conduct a concrete risk assessment

This article is for general information only and does not constitute legal advice. Every extradition case must be assessed on its own facts and legal circumstances.

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Turkut Legal advises on preparing expert opinions for courts in Europe, applying for interim measures before the ECtHR, and managing the overall defence strategy in extradition cases originating from Turkey. To assess your situation, get in touch with us. Counsel available in Turkish, English and German.