International Criminal Law Cases in Turkey – Atty. Ozan Soylu

Istanbul’s position as a global crossroads creates frequent international dimensions in criminal cases. These matters involve foreign defendants, transnational crimes, cross-border evidence, and coordination between multiple legal systems. Understanding how Turkish law addresses international criminal issues proves essential for foreign nationals and cases with overseas connections.

Jurisdiction Over International Crimes

Turkish courts exercise jurisdiction over crimes committed within Turkey regardless of defendant nationality. Territorial jurisdiction forms the primary basis for prosecution, covering offenses occurring on Turkish soil.

Turkey also claims jurisdiction over certain crimes committed abroad by Turkish citizens or against Turkish nationals. Serious offenses like terrorism, drug trafficking, and organized crime allow prosecution even when acts occurred outside Turkey.

Universal jurisdiction applies to specific international crimes including genocide, crimes against humanity, and torture. Turkish courts can prosecute these offenses regardless of where they occurred or perpetrator nationality.

Extradition Procedures

Extradition involves surrendering individuals to foreign countries for prosecution or sentence service. Turkey has bilateral extradition treaties with numerous countries establishing frameworks for these transfers.

Extradition requests go through diplomatic channels to the Ministry of Justice. Courts review requests to ensure they meet legal requirements including dual criminality, meaning the alleged conduct constitutes crimes in both countries.

Political offense exceptions prevent extradition for crimes deemed political rather than common criminal acts. Turkish nationals generally cannot be extradited, though exceptions exist under specific treaty provisions.

International Arrest Warrants

Interpol Red Notices alert member countries about wanted individuals. These notices request provisional arrest pending extradition proceedings. Red Notice subjects face detention when entering Turkey while authorities review extradition requests.

Defense attorneys can challenge Red Notices and extradition requests. Grounds include political motivation, human rights concerns in requesting countries, or procedural defects in requests.

Mutual Legal Assistance

Countries cooperate in gathering evidence for criminal cases through mutual legal assistance treaties. Turkey can request foreign authorities to conduct searches, interview witnesses, or produce documents relevant to Turkish prosecutions.

Reciprocal assistance allows foreign prosecutors to request similar help from Turkish authorities. These requests follow formal diplomatic procedures with judicial oversight protecting individual rights.

Letters rogatory serve as traditional methods for international judicial cooperation. Courts send formal requests to foreign counterparts seeking specific assistance in evidence collection.

Foreign Defendants’ Rights

Non-Turkish defendants receive the same procedural protections as citizens. Consular notification requirements mandate informing foreign embassies when their nationals face arrest, allowing consular officials to provide support.

Language barriers necessitate professional interpreter services during interrogations, hearings, and trials. All critical documents must be translated into languages defendants understand.

Cultural differences can affect case handling. Defense attorneys educate courts about foreign customs and contexts that may explain defendant behavior or challenge prosecution theories.

Cross-Border Evidence

Authenticating foreign documents for Turkish court use requires apostille certificates or legalization through diplomatic channels. International treaties simplify authentication procedures between signatory countries.

Digital evidence from overseas servers presents jurisdictional challenges. Courts must determine whether evidence collection violated foreign laws or international agreements.

Witness testimony from abroad can be obtained through video conferencing or depositions conducted by foreign authorities. These procedures ensure foreign witnesses can testify without traveling to Turkey.

Immigration Consequences

Foreign nationals convicted of crimes in Turkey face potential deportation following sentence completion. Entry bans prevent return for specified periods determined by offense severity.

Work permits and residence permits may be revoked due to criminal convictions. Immigration status impacts throughout criminal proceedings as defendants weigh plea options and potential immigration consequences.

Money Laundering and Financial Crimes

International financial crimes involve transfers across borders and assets in multiple countries. Turkish authorities coordinate with foreign counterparts through Financial Action Task Force mechanisms and bilateral agreements.

Tracing international money flows requires cooperation between banking authorities and law enforcement agencies across jurisdictions. Defense attorneys can challenge jurisdiction when financial activities primarily occurred abroad.

Terrorism and National Security Cases

Cases involving international terrorism receive heightened attention. Turkey’s geographic position and regional conflicts create complex prosecutions involving foreign fighters, financing networks, and cross-border operations.

Intelligence sharing between countries informs these prosecutions. Defense attorneys scrutinize evidence sources and challenge reliability of information obtained from foreign intelligence services.

Human Trafficking

Turkey serves as transit and destination country for human trafficking. These cases often involve victims and defendants from multiple countries. International cooperation proves essential for identifying trafficking networks and protecting victims.

Victim repatriation and witness protection across borders require coordination between Turkish and foreign authorities. Defense strategies must address international elements while protecting defendant rights.

International Business Disputes Turning Criminal

Commercial disputes sometimes evolve into criminal fraud or embezzlement allegations when they involve international transactions. Jurisdiction questions arise when business activities span multiple countries.

Forum shopping concerns emerge when parties attempt to manipulate venue by choosing favorable jurisdictions. Turkish courts determine whether they have proper jurisdiction over international business disputes with criminal dimensions.

Maritime and Aviation Offenses

Crimes on vessels or aircraft create special jurisdictional issues. Turkish law applies to Turkish-flagged ships and aircraft regardless of location. Port and airport crimes clearly fall under Turkish jurisdiction.

 

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Work With Experienced Legal Counsel

Soylu Law handles criminal cases with international dimensions throughout Istanbul courts.

Our firm coordinates with foreign legal systems and manages extradition defense matters. We work with clients from diverse countries and understand the complexities of cross-border criminal proceedings.

We maintain extensive experience assisting international clients and managing multi-jurisdictional evidence. Our team handles document authentication, coordinates with overseas counsel, and communicates with foreign consulates to ensure comprehensive representation.

For more assistance or consultation on this matter, you can contact us.