Türkiye Adalet Akademisi Dergisi

Yazarlar: Can POLAT

Konular:Hukuk

Anahtar Kelimeler:Extradition Law,Double Criminality,Extradition Request,Right to Live,Prohibition of Torture.

Özet: Extradition of non-citizens prevents impunity of the criminal who commits a crime within the borders of a country, in other words, provides the establishment of international criminal justice. In this terms, the decent functioning of this institution enforces a good cooperation between states. In this context, there are not only multilateral agreements between states, such as the European Convention on Extradition to which Turkey is also a party, but also many bilateral agreements on extradition. The requested country in terms of extradition of non-citizens seems to be a tool at first glance but especially human rights concerns after the Second World War required a more detailed review of the requested country. It became important that the people subjected to extradition are protected regarding their right to live, providing their physical integrity and not to be subjected to mistreatment. Besides it became necessary to check whether the extradition actually serves criminal justice. In this respect, international human rights practices should also be taken into consideration in the extradition proceedings. In this study, the conditions of the extradition will be examined in considering European Convention on Extradition and The Turkish Code (Numbered 6706) on International Judicial Cooperation on Criminal Matters, only in accordance with the request for extradition from Turkey. In this context, the problematic issues will be underlined.

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