Extradition

Hope someone may be able to assist in a specialist area of law. I work with the Police in London and we are looking to extradite a British citizen from Turkey. I am trying to find what legislation in Turkey covers sexual offences to identify the common offence there. In addition, is there a statute of limitations in Turkey for sexual offences against children ? If so and the statute has expired, would this preclude the person being extradited under international law ?

Many thanks in advance.

Hi,

Türkish penal Code lays down the extradition provisions, particularly by Article 18. Article 18 stipulates that :

Alıntı: A foreigner who has been convicted or subjected to a penal investigation due to an offence committed or alleged to have been committed abroad may be exradited on a formal request by the foreign Country.However, extradition is not possible, if the alleged offence : - has not been deemed as a penal crime by the Turkish law, - is of a military or political nature or pertains to the right to freedom of expression, - was committed against the national security of Turkish State or to the detriment of the Turkish State or a Turkish citizen or a legal person established pursuant to the Turkish Law, - within the criminal jurisdiction of Turkey, - has been barred by the statue of limitations or covered by amnesty.

Sexual offences against children vary, punished in a an increasing extent regarding the gravity of the conduct.If the abuse act was committed through penetration, it is punished from 8 to 15 years of imprisonment. The other acts of sexual abuse against children is punished 3 to 8 years of imprisonment.Penal Statute of limtiations(SOL) was stipulated under Articles 67-69 of the Penal Code.The Articles envisage a minimum of 8 years SOL against the offences of sexual abuse of children.The aggravated abuse is covered by an 15 years of SOL.


Hope this helps

Thanks for that. It is the last clause that is of interest. All of the privisions in that article seem to relate to the jurisdiction where the offence occured. So, where the last clause states "has been barred by the statue of limitations or covered by amnesty" does that mean whether the offence is covered by amnesty or limitations in the requesting jurisdiction or in Turkey ? I am reading it as relating to the requesting jurisdication on the basis that the judicary in Turkey could not issue an amnesty for an offence that occured in another Country. This would mean that the statute of limitations for the offence in Turkey is not relevant - it is the statute of limitations in the other Country that is the point at issue. After all, I can't see that Turkey (or any other nation) would extradite to a Country where the offence they are extraditing cannot be prosecuted once the suspect arrives there.

Any thoughts ?

Hi,

The preamble of the Article 18 states that : " The offence on which the extradition request was based should not have been statute-barred by law systems of both the requesting foreign country and Turkey.Also, the offence should not have been pardoned by both of the States."