Extradition traffic with Turkey (Republic of Turkey) is based on the 1957 European Convention on Extradition, to which Turkey is a party. Neither side extradits its own nationals. If, in a specific case, extradition to Turkey actually seems possible, provisional arrest for extradition may be imposed in Germany. In view of recent developments in Turkey, however, German higher regional courts have become very reluctant to order provisional arrest for extradition.

In my opinion, extradition to the Republic of Turkey for prosecution or execution of sentences is inadmissible - not in principle, but under the current circumstances in Turkey since 15 July 2016. However, this is not yet a uniform case law in Germany.

However, I have just received a decision from the Higher Regional Court of Cologne of 1 February 2017, which rejected the extradition of a Turkish citizen to Turkey despite a serious "apolitical" accusation because of the conditions of detention and because the Turkish prosecution authorities have not responded to such requests at all.

The OLG Schleswig (decision of 22.09.2016 - 1 Ausl (A) 45/15 (41/15)) has already drawn the right conclusion and declared in September 2016 that the extradition to the Republic of Turkey for prosecution or execution of a sentence - although not in principle - is inadmissible under the current circumstances in Turkey. In my opinion, even individual binding assurances given by Turkey cannot change this. Due to the effects of the repeal of the ECHR on the legal position of the accused, it is not to be expected that an individual binding assurance could result in extended rights in relation to the actual and legally prevailing conditions.