Remember what happened when #Turkey tried to extradite Fetulah #Gulen? Nothing. Discussion of #Czech Republic Extradition.

 

 

 

Saleh Muslim photo_2018-02-25_19-18-23

Though I’m not familiar with extradition law generally and in particular European extradition law, I will try to show some of the materials I was able to find online ahead of Tuesday’s 11:00a.m. hearing.

It appears that the Czech Republic is a member of the “European Convention on Extradition.”  So is Turkey.

Here is a link to the Czech Republic’s National Procedures that detail some of the procedures that are used there. Link >Czech Republic – National Procedures for Extradition.

Here is a link to the full text of Link >European Convention on Extradition.

Turkey adopted the procedures but with this reservation:

 Turkey

Reservation contained in a letter from the Ministry of Foreign Affairs, dated 30 November 1957, handed to the Secretary General at the time of signature, on 13 December 1957 – Or. Fr. 
The assurance mentioned in Article 11 will be limited to the following procedure:
In the event of extradition to Turkey of an individual under sentence of death or accused of an offence punishable by death, any requested Party whose law does not provide for capital punishment shall be authorised [sic] to transmit a request for commutation of death sentence to life imprisonment. Such request shall be transmitted by the Turkish Government to the Grand National Assembly, which is the final instance for confirming a death sentence, insofar as the Assembly has not already pronounced on the matter. 
Period covered: 18/04/1960 –

I have no idea of the cases in Czech Republic on political offenses but here is the text that says that unless Saleh Muslim robbed a Turkish bank or committed some other such offense he is not extraditable in my opinion as follows:

Article 3 – Political offenses:

Article 3 – Political offences

1Extradition shall not be granted if the offence in respect of which it is requested is regarded by the requested Party as a political offence or as an offence connected with a political offence.

2The same rule shall apply if the requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person’s position may be prejudiced for any of these reasons.

3The taking or attempted taking of the life of a Head of State or a member of his family shall not be deemed to be a political offence for the purposes of this Convention.

4This article shall not affect any obligations which the Contracting Parties may have undertaken or may undertake under any other international convention of a multilateral character.

Article 4 – Military offences

Extradition for offences under military law which are not offences under ordinary criminal law is excluded from the application of this Convention

Article 3 (emphasis added).

Noteworthy is the fact that the word “terrorism” was not found in a quick word search of the entire Convention.  So if Czech Republic follows the law, and Turkey cannot make a non-political crime, there should be no lawful basis for extraditing him.

Here is the thing I would focus on if Turkey comes in with its defective paperwork like it did with Gulen, under the Czech Republic National Procedures for Extradition, the notice can be done without a Red Notice but there must be no question as to the authenticity of the request as follows:

Authorities of the Czech Republic may initiate proceeding
on the basis of a request from an authority of a foreign state
delivered by telephone, electronically, by fax, by the means
of international police cooperation (INTERPOL), personally
or otherwise, in accordance with the relevant legal
provisions, provided they have no doubts regarding its
authenticity and the case does not allow for delay.
However, it is necessary for the original of the request to be
submitted subsequently within the time limit determined
by the requested authority.

Hopefully he will have competent counsel there to protect him. At least Czech Republic hasn’t thrown most of its attorney is prison, unlike the Islamic Republic of Erdogan.

 

 

 

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