The transfer of sentenced persons allows individuals convicted in one country to serve their sentence in their home country. This practice supports reintegration, facilitates rehabilitation, and respects the social and linguistic ties of the convicted person. Turkey is a party to the Council of Europe Convention on the Transfer of Sentenced Persons, adopted in Strasbourg in 1983 and effective in Turkey since 1988.

Legal Basis

The Convention provides a framework whereby a sentenced person may be transferred from the sentencing state to the administering state, typically their country of nationality. Turkish law reflects this mechanism through Law No. 6706 on International Judicial Cooperation in Criminal Matters, which governs both requests from abroad and transfers initiated by Turkish authorities.

Key principles include:

• Consent of the sentenced person is required.

• Dual criminality is necessary (the act must be a crime in both states).

• Both countries must agree on the transfer.

The goal is not to retry the individual but to enforce the foreign sentence within the Turkish correctional system, potentially with adaptations to the domestic sentencing regime.

Procedure in Turkish Practice

In Turkey, the Ministry of Justice acts as the central authority for implementing the Convention. A request may originate from a foreign country or from a Turkish national convicted abroad who seeks to serve their sentence in Turkey.

The procedure involves:

1. Verification of the sentence and relevant legal documentation.

2. Consent declaration by the sentenced person.

3. Review of the transfer request’s compatibility with Turkish penal law.

4. Decision by Turkish authorities to accept and implement the sentence, possibly converting the sentence to match Turkish standards.

Objectives of the Transfer

• To promote the rehabilitation of offenders through proximity to family and community.

• To ease linguistic and cultural difficulties faced in foreign prison systems.

• To enhance international cooperation in the execution of criminal judgments.

Limitations and Exceptions

Turkey may refuse transfer under specific conditions:

• If the act is not punishable under Turkish law.

• If the person has dual citizenship and Turkey does not recognize the administering state as the country of nationality.

• If the transfer would violate public order or national security.

• If the minimum sentence requirement under Turkish law is not met.

Moreover, under Turkish law, certain categories such as political or military offenses may be excluded from transfer arrangements, in line with broader principles of extradition law.

Relevance for Foreign Nationals and Turkish Citizens Abroad

For foreign nationals sentenced in Turkey, the Convention offers a path to serve their sentence in their home countries, subject to bilateral cooperation. Conversely, Turkish citizens convicted abroad may request transfer to Turkey, provided the conditions of the Convention and domestic law are met.