If you have left your country for political reasons or for other reasons, and you have learned that there is an “extradition request” concerning you in the country where you are located, this is a very serious matter, both legally and practically.

The following sections explain, in general terms, what you may face in such a situation and which steps you should consider. This information is general in nature; you should always seek legal assistance from a local lawyer in the country where you are located.

The First Thing You Need to Know: Risk of Detention and Arrest

When a state sends an official extradition request to the state where you are located, or when mechanisms such as a Red Notice come into play, there may be a risk of:

detention,
provisional arrest,

either at the beginning of the extradition process or during the process in many countries.

This means that:

If there is an extradition request concerning you, you may one day be unexpectedly detained during a border police check, an immigration office appointment, an ordinary police control or another official procedure.

In some countries, the process may involve remand custody by court order.

In some cases, alternatives such as judicial supervision, bail or electronic monitoring may be possible; this depends entirely on the law of the country where you are located and the content of your file.

For this reason:

The idea that “I have applied for asylum / I have residence status, so they cannot detain me at all” is not always correct.

The opening of an extradition file may, in many countries, bring at least a short-term risk of deprivation of liberty.

Therefore, if you have strong reasons to believe that there may be an extradition request concerning you, it is important to act before the process begins by:

contacting a lawyer experienced in extradition and criminal law in the country where you are located;
identifying in advance the persons to be contacted in the event of detention, such as your lawyer and close family members.

General Approaches of States to Extradition Requests

Not every country handles extradition requests in the same way. Broadly speaking, three different approaches may be observed.

a) Countries Applying a Strict Initial Filter in Political Cases

Some countries, such as Germany and Belgium, apply a very strict initial review, particularly in files that:

appear to be political in nature;
or involve allegations that seem problematic from the perspective of the rule of law and human rights.

In such cases, the extradition request may be examined carefully at the initial stage by administrative authorities, such as the Ministry of Justice.

Some files may not even be brought before a court, or may be rejected at an early stage on grounds such as “political nature” or “human rights risk.”

This does not mean that no one will ever be extradited from these countries. However, factors such as:

the human rights record of the requesting state;
the nature of the allegations, such as mere membership of an organisation, peaceful activities or journalism;
and the person’s asylum status,

are taken seriously at the initial stage.

b) Countries That Remain “Politically Neutral” and Leave the Decision to the Court

Some countries, such as the United Kingdom, may, after a preliminary review by the executive authorities:

refer the extradition request directly to an independent court;
and instead of entering deeply into the question of whether the case is political or not, the executive may proceed on the basis that:

“the legal assessment of this file should be made by the court.”

In such countries:

once the file is brought before the court, the matter becomes an intensive judicial process.

Issues such as political nature, risk of torture and the possibility of denial of a fair trial become legal arguments that must be presented before the court.

c) Mixed Models and Country Differences

Some countries:

apply an initial administrative filter;
while also leaving certain aspects of the file to judicial assessment.

For this reason, the country where you are located must be assessed through a local expert lawyer in terms of:

its asylum system;
human rights standards;
case-law and practice regarding extradition requests.

If the Country Where You Are Located Handles the Request Politically: What Does This Mean?

If the country where you are located may, in certain political cases, decide not to process an extradition request at the executive level, such as through the Ministry of Justice, Ministry of Foreign Affairs or Ministry of Interior, without even referring it to a court, on the grounds that it is “political in nature” or raises human rights concerns, this may be a favourable possibility for you.

However:

this is not an automatic guarantee.

It may vary depending on the content of your file, your personal circumstances, the relations between the country where you are located and Türkiye or the requesting state, and public perception.

At this stage, what you should do, with the advice of your lawyer, is to share with the relevant authorities:

the political narrative and the pressures described in your asylum file;
objective sources on country conditions, such as ECtHR judgments, UN reports and reports by international NGOs;
documents showing how the allegations against you are political and arbitrary in nature.

These materials may, in some cases, help ensure that the extradition request is refused from the outset on the grounds that it is political in nature and involves risks contrary to human rights.

If the Request Is Referred to Court: Prepare to Explain Its Political Nature

If the country where you are located operates a system in which the extradition request is referred to a court, the centre of gravity shifts to the following point:

“You must convince the court that the allegations against you are political in nature and that, if extradited, you would face serious human rights violations.”

In this situation, the following preparations are particularly important.

a) Work With an Experienced Extradition / Criminal Lawyer

Having a lawyer experienced in international criminal cooperation, extradition and human rights is often of vital importance.

b) Establish a Framework Showing That the Allegation Is Political

The points to be explained to the court generally include the following:

The general situation in the requesting country, supported by ECtHR judgments, UN reports, NGO reports and similar sources, regarding serious problems with:

judicial independence;
the right to a fair trial;
detention and prison conditions.

In your personal case:

that the allegation against you is based less on concrete evidence and more on your identity, social circle, profession, belief, or alleged political or organisational affiliation;
that peaceful activities, such as trade union membership, association work, school or university links, bank transactions, newspaper subscriptions, civil society activities or social media posts, have been criminalised under labels such as “terrorism” or “membership of an organisation.”

Previous ECtHR judgments, extradition or asylum decisions from other countries, and recognised international reports in similar cases should also be brought to the court’s attention.

c) Document Your Personal Story

If you have experienced detention, torture or ill-treatment, collect and preserve:

official records;
medical reports;
photographs;
witness statements.

If you were targeted because of your work or professional life, document:

the institutions where you worked;
your position;
the investigations conducted against you.

If your family members or close circle have been subjected to pressure, document:

detentions;
passport cancellations;
asset-freezing or seizure measures;
decree-law procedures and similar measures.

Courts usually expect more than a general claim that “this is political.” They often want to see a concrete and documented account combining both country conditions and your personal situation.

d) Make Sure Your Asylum Status and Need for Protection Are Reflected in the File

If you have:

refugee status, subsidiary protection or humanitarian residence;
or an ongoing asylum application,

this should not contradict your extradition file.

On the contrary, it should be used in a way that strengthens the argument that:

“This person would face real persecution if returned to their country.”

General Advice: Plan Instead of Panicking

Finally, if there is an extradition request concerning you:

make a plan instead of panicking;
avoid the complacent assumption that “they will not extradite me anyway”;
act realistically, while being fully aware of your rights.

In summary:

Do not ignore the possibility of an extradition request concerning you.

The earlier you contact a lawyer experienced in extradition and criminal law in the country where you are located, the better prepared you will be.

If your file goes to court, you must explain the political nature of the allegations and the risks you would face upon return in a systematic and well-documented manner.

Your asylum file and extradition file should be structured in a way that supports each other.