Best Extradition Lawyers in Kartal

1. About Extradition Law in Kartal, Turkey

Extradition law governs the surrender of individuals between states for trial or punishment. In Kartal, a district of Istanbul, these matters are processed under Turkish domestic law and international agreements. The framework blends the Code of Criminal Procedure with international cooperation rules handled by national authorities in Istanbul.

Key concepts include the double criminality test, proportionality, and human rights safeguards. A person in Kartal facing an extradition request may also raise concerns about the risk of torture or the death penalty, which Turkish law and international treaties address. Working with a local extradition lawyer helps ensure rights are protected at every stage.

Practical note: the Ministry of Justice oversees international judicial cooperation, while Turkish courts in Istanbul review requests and issue decisions. For up-to-date texts, you can consult official portals such as Mevzuat.gov.tr and adalet.gov.tr. Sources include the Turkish Ministry of Justice and the Mevzuat portal for current rules and amendments. adalet.gov.tr, mevzuat.gov.tr.

Source: Turkish Ministry of Justice - International Judicial Cooperation and Extradition Procedures. adalet.gov.tr

2. Why You May Need a Lawyer

• You receive an extradition request while in Kartal for alleged crimes committed abroad. A lawyer can evaluate double criminality, verify the validity of the formal request, and seek a stay of extradition while the case is reviewed in Istanbul courts.
• You are detained in Kartal on an extradition warrant or provisional arrest order. An attorney can argue against detention or push for release conditions, while preserving your rights to counsel and to contest the basis of the request.
• The case involves potential human rights risks if extradited. A lawyer can raise Article 3 and related ECHR protections, seeking to prevent extradition on risk grounds or to request assurances from the requesting state.
• You face a dispute over the scope of the request or the charges described. An attorney can assess whether the foreign indictment mirrors Turkish legal standards and whether prosecutorial discretion applies to course corrections.
• There is a possibility to challenge the decision on multiple grounds. A lawyer can prepare appeals or petitions to stop or delay extradition within the Turkish process in Istanbul.

3. Local Laws Overview

The core instruments governing extradition in Kartal include domestic criminal procedure rules and international treaties. The Turkish Code of Criminal Procedure sets out how extradition requests are received, reviewed, and decided by Turkish courts and authorities. These procedures also cover staying or delaying extradition and ensuring the suspect’s rights to defense and appeal.

Key instruments and concepts include:

• Ceza Muhakemesi Kanunu (Code of Criminal Procedure) governs domestic criminal proceedings and international cooperation, including extradition requests received by Turkish authorities. This statute forms the backbone of process in Kartal and Istanbul.
• European Convention on Extradition is an international treaty Turkey adheres to, guiding the surrender process with respect to criminal matters between Turkey and other states. It informs how requests are evaluated and what defenses are available in Kartal courts.
• European Convention on Mutual Assistance in Criminal Matters governs cross-border cooperation for collecting evidence and other procedural steps connected to extradition cases. It shapes the information exchange and practical steps in Kartal’s proceedings.

For exact texts and the latest amendments, consult official sources such as Mevzuat.gov.tr and the Ministry of Justice. These portals provide current versions of the law and updated procedures. Mevzuat.gov.tr, adalet.gov.tr.

According to the Council of Europe, treaties on extradition and mutual legal assistance require careful consideration of human rights obligations in member states, including Turkey. coe.int

4. Frequently Asked Questions

What is extradition and how does it work in Kartal?

Extradition is the formal surrender of a person to another country for trial or punishment. In Kartal, Turkish courts and authorities review requests and determine whether to grant or deny surrender based on domestic law and international commitments.

How long does an extradition procedure take in Istanbul courts?

Timeframes vary by case complexity, but preliminary decisions can occur within weeks. Full resolution often takes several months, depending on the defenses raised and the foreign country’s cooperation.

What is double criminality in extradition cases, and why does it matter in Kartal?

Double criminality means the act must be a crime in both Turkey and the requesting country. If not, the extradition may be refused unless the treaty provides otherwise. A lawyer can assess whether the alleged conduct meets this requirement.

How much does it cost to hire an extradition lawyer in Kartal?

Costs vary by lawyer experience and case complexity. Expect consultation fees, potential hourly rates, and possible fixed fees for specific motions or hearings. Some lawyers offer initial assessments for a first meeting.

Do I need a local lawyer, or can I use an international attorney for Kartal cases?

A local lawyer familiar with Turkish extradition practice in Istanbul courts is essential. An international attorney can assist with cross-border strategy, but Turkish counsel must handle the local proceedings and filings.

Can I challenge an extradition decision in Kartal?

Yes. You can challenge decisions through appeals or complex motions within the Turkish judicial system. A skilled lawyer can identify grounds such as procedural errors or human rights protections.

What rights do I have during extradition proceedings?

You have the right to legal counsel, to be informed of charges, to present evidence, and to cross-examine. Turkish law also ensures access to translation services and timely hearings.

How do I obtain a stay of extradition while the case is pending?

A stay can be requested to prevent surrender while appeals or court reviews proceed. A lawyer can file for a stay with the appropriate Istanbul court and argue material grounds for delay.

Is evidence required to be presented in Turkish or the other language?

Translations are typically required for Turkish courts, and evidence from the requesting country may be translated or accompanied by certified interpreters. Your attorney will coordinate language needs with the court.

Does extradition apply to Turkish citizens?

Turkish citizens can be extradited, but certain protections apply, and the process considers Turkish law, international obligations, and human rights standards. Counsel can challenge or negotiate terms where appropriate.

What is the difference between extradition and mutual legal assistance?

Extradition concerns surrender for trial or punishment, while mutual legal assistance focuses on cross-border cooperation to gather evidence. Extradition often ends in surrender to the requesting state, whereas legal assistance helps conduct investigations.

How soon should I start preparing after receiving an extradition request?

Begin immediately. Contact a Kartal-based extradition lawyer within 24-72 hours to preserve rights, assess the request, and plan early defenses and stays if possible.

5. Additional Resources

• Ministry of Justice of the Republic of Turkey - International Judicial Cooperation - Official government resource explaining procedures, contacts, and coordination for extradition and mutual legal assistance. adalet.gov.tr
• Mevzuat.gov.tr - Official portal providing current texts of Turkish laws and amendments, including the Code of Criminal Procedure and related extradition provisions. mevzuat.gov.tr
• Council of Europe - European Convention on Extradition - International treaty guiding extradition between Turkey and member states; background for rights and procedural standards. coe.int

6. Next Steps

1. Identify your location and the exact nature of the extradition request you face in Kartal to determine the correct jurisdiction and court pathway.
2. Find an extradition lawyer in Kartal or Istanbul through the Turkish Bar Association directory or local referrals. Look for experience with international requests and Turkish courts.
3. Schedule a bilingual consultation if needed and gather all documents including the extradition request, warrants, translations, and any correspondence.
4. Ask the lawyer to assess double criminality, human rights risks, and potential grounds for a stay or defense in Istanbul courts.
5. Prepare and file any stay applications or appeals promptly, and ensure translations and evidence are properly organized for the hearings.
6. Attend all hearings with your attorney and follow up on court decisions, ensuring timely notification of any further steps or appeals.
7. Review the outcome with your lawyer and plan any further strategy, including potential petitions for further review if available.