Under certain conditions, a foreign national serving a final prison sentence in Türkiye may serve it in the country of which he or she is a citizen or with which he or she has strong social ties. The international transfer of a sentenced person (hükümlü nakli) is neither a release nor an amnesty; its aim is to continue the enforcement of the sentence in another country. This process, which matters for proximity to family, language, health and social integration, requires an assessment by the competent authorities of two states.
For an application to be prepared successfully, the statement “he wants to return to his country” is not enough. The final judgment, the remaining sentence, citizenship or social ties, consent and the enforcement approach of the receiving state must be examined together. For transfers from Türkiye abroad, Article 32 of Law No. 6706 is the principal basis. [1]
Which Procedures Differ from the Transfer of a Sentenced Person?
Moving between prisons, extradition and deportation are separate institutions
Referral to another penal institution within Türkiye is not an international transfer of a sentenced person. Extradition rests on different procedures, under which another state requests a person for investigation, prosecution or enforcement. Deportation is an administrative act under the law on foreigners. The petitions, competent authorities and legal consequences of these procedures cannot be used in place of one another.
“Transfer of enforcement” and “transfer of a sentenced person” are also regulated in separate parts of Law No. 6706. Where the person is located and which mechanism is operated affect the adaptation and enforcement procedures. Before preparing the application, the applicable legal route must first be settled.
Can a detained person be sent to his or her country through the transfer of a sentenced person?
One of the basic conditions for the transfer of a sentenced person is that the conviction has become final. A detained person’s wish to return to his or her country while an investigation or prosecution is ongoing does not, on its own, satisfy the conditions of this route. Detention and travel restrictions are assessed through the application routes available in the criminal file.
While an appeal on the facts (istinaf) or on points of law (temyiz) is pending, the family can begin transfer preparations at the level of gathering information, but must not present a judgment that has not become final as if it had. Nor should the consequences of waiving legal remedies be ignored merely in the hope of speeding up the transfer.
What Are the Statutory Conditions for Transfer from Türkiye?
Citizenship or a strong social tie
Article 32 of Law No. 6706 provides that the sentenced person must be a citizen of the state to which he or she is to be transferred or have strong social ties with that state. A social tie should not be left as an abstract statement of preference. Long-term residence, the settlement of the spouse and children, education, work history and social support can be explained with documents. The acceptance criteria of the state concerned and the applicable agreement are examined separately.
Consent, finality and dual criminality
The consent of the sentenced person or his or her legal representative, a final conviction and the requirement that the act also constitute an offense under the law of the state to which the person is to be transferred are among the basic conditions. The offenses having word-for-word identical titles is not the same question as the act constituting an offense in both legal systems. The act in the judgment is assessed legally under the rules of the receiving country.
The family’s request for a transfer does not replace the sentenced person’s required consent. For consent to be meaningful, the principles of enforcement after the transfer, the remaining term and the possible consequences must be explained in an understandable way. Where there is a language problem, how the explanation and the consent procedures are carried out becomes important.
Remaining sentence and other files pending in Türkiye
Unless the central authorities decide otherwise, there is a requirement that at least six months of the prison sentence remain to be served in the institution on the date of the request. An absolute statement such as “there can be no exception when less than six months remain” should therefore not be used. The condition that there be no investigation or prosecution for another offense in Türkiye is also examined under Article 32. [1]
Where there are multiple judgments, judicial fines or arrest warrants in different files, the file must be looked at as a whole. The fine procedures specific to transfer should not be confused with the consequences of a judicial fine in ordinary enforcement. Failing to explain these items can produce additional correspondence and delay when the paperwork is believed to be complete.
Where and How Is the Application Made?
The central authority and the application channel
In international judicial cooperation, the central authority is the Ministry of Justice. In the transfer process, the explanations published by the Ministry’s Directorate General for Foreign Relations and the European Union and Circular No. 185 of November 20, 2024 should be taken into account. It is not appropriate to use earlier circular numbers as if they were current. [2]
The sentenced person, his or her legal representative or a relative can start the request. The process of preparing the necessary official documents through the institution in Türkiye and the enforcement prosecutor’s office and forwarding them to the Ministry is followed. Communication with the consulate and the competent authorities of the receiving state does not replace the official decision process between the states; it can help complete the necessary information and documents.
The main documents the application file should contain
- A petition explaining the transfer request and its grounds.
- Identity, citizenship and, where necessary, strong-social-tie documents.
- The final conviction decision and the finality information.
- The statutory provisions on which the judgment is based and enforcement information.
- Records showing the time served in the institution, set-offs and the remaining sentence.
- The statement of consent of the sentenced person or his or her legal representative.
- If necessary, medical reports and information on treatment.
- Requested translations, certifications and supplementary documents.
This list is not a closed, fixed list of documents for every country. The relevant agreement, the country’s request and the characteristics of the file may require additional documents. Documents to be issued by official authorities and supporting documents that the family can submit should be tracked separately.
The purpose of the petition should be made concrete
Family ties, rehabilitation, health and language needs should not be described in isolation from one another. For example, it can be explained in which country the children live, why visits have become difficult and to which circle of support the sentenced person will return after release. Commitments regarding income, work or residence that cannot be documented should not be written as established facts. The strength of the legal assessment depends less on the length of the narrative than on its verifiability.
What Happens to the Sentence and Release Date When the Transfer Is Accepted?
The enforcement conditions should be learned in advance
The conditions under which the receiving state will continue to enforce the sentence are basic information for the family. It cannot be assumed that the calculation of conditional release or supervised release in Türkiye will apply unchanged in another country. The relevant agreement, foreign law and the conditions communicated by the competent authorities must be examined.
A Turkish lawyer’s following the file in Türkiye does not mean that he or she has the authority to carry out, alone, all procedures relating to the law of a foreign state. Where necessary, an assessment should be obtained from a competent lawyer in the country concerned, and consistency of documents between the two processes should be ensured. The date expected after the transfer should be stated with a confirmed calculation.
Why does the Court of Cassation decision matter?
In its decision of Court of Cassation 10th Criminal Chamber, October 5, 2023, E.2023/7824, K.2023/8434, the chamber examined an adaptation request from a sentenced person transferred from Iran to Türkiye. The chamber stressed that the transfer of enforcement and the transfer of a sentenced person are different mechanisms; on the ground that the adaptation route requested did not exist under the specific transfer regime, it rejected the request for reversal in the interest of the law (kanun yararına bozma). [3]
This decision is not a calculation rule that can be applied directly to the enforcement of every sentenced person going from Türkiye to another country. It is important because it shows that no expectation of a reduced sentence should be created until the direction of the transfer, the applicable agreement and the legal mechanism used are determined.
How to Act in the Face of a Refusal or a Prolonged Procedure
That the transfer conditions are met does not guarantee acceptance in every file. The law also contains assessment criteria such as the contribution to social rehabilitation, the purposes of criminal justice, national security and essential interests. The processes of the two states, missing documents and consent procedures can affect the timing; no definite completion period applicable to everyone can be promised.
When a negative answer arrives, the authority that issued the decision, its reasoning, the date of notification and whether the deficiency can be remedied are determined first. The act of the Turkish authority, the refusal decision of the foreign state and a decision belonging to the enforcement judiciary are not subject to the same route of application. The administrative or judicial route that may be used is determined for the specific act. The possibility of reassessment with a new document and an application to a legal remedy subject to a time limit should not be treated as substitutes for each other.
Practical Transfer Preparation for a Family Abroad
The Turkish file and the foreign-country information should be matched
Transfer preparation involves two separate groups of documents. The group in Türkiye contains the conviction, finality, institution and enforcement records. The group relating to the foreign country contains information on citizenship, residence, family relations and the acceptance process. The spelling of names, dates of birth and identity numbers in the two groups must be consistent. Differences arising from spellings in different alphabets or from multiple citizenships should be explained.
The family can keep an orderly list, preserving the date and source of the documents in hand. A social media image or an unverified translation should not be used in place of an official document. Which document will be submitted as the original, a certified copy or a translation is determined by the requirements of the relevant authority and the applicable agreement.
| Stage | What the family can contribute | What is examined in the legal follow-up |
|---|---|---|
| Preliminary assessment | Identity, country and family-tie information | Suitability of the transfer route and conditions |
| File preparation | Social-tie and health documents | Official judgment/enforcement records and translations |
| Inter-state review | Forwarding the additional information requested | Correspondence, deficiencies and acceptance conditions |
| Consent and handover preparation | Communication and family organization | Explanation of enforcement consequences and official decisions |
The application needs to be kept current
During the transfer review, the sentence calculation may change, a new court decision may be issued or the state of health may differ. If it becomes clear that the information in the initial application is no longer valid, the official records should be updated. If the family reports different remaining sentence terms on the same matter to more than one authority, this can create unnecessary uncertainty.
When information is obtained in the receiving country about the enforcement term, it should be asked on which date and which calculation method it is based. A general enforcement rate that the family finds on the internet may not apply to the sentenced person’s offense and the transfer regime. Consent to the transfer should be given on the basis of reliable, file-specific information.
Legal follow-up after the transfer should also be planned
After the transfer takes place, an application concerning the merits of the conviction in Türkiye, or a decision issued later, may come into play. This may create a new need for notification between the states concerned. The completion of the transfer does not mean that all legal procedures have ended; follow-up is carried out while keeping track of which authority in which country is competent.
Providing applicable information on organizing the handover to the family, placement in a penal institution and the need for a local lawyer can be considered. However, unconfirmed promises should not be given about the institution, dates and practices that the foreign authority will determine. The scope of legal follow-up by Güneş & Güneş in Türkiye and any representation relationship to be established separately in the foreign country are clearly distinguished.
Conclusion
The transfer of a sentenced person is an important route that can allow a sentence to be served in a country closer to the family and the social circle. An effective application requires that finality, consent, the remaining sentence, social ties and the receiving country’s enforcement conditions be researched together. A transfer request should not be confused with an expectation of acquittal or of an automatic reduction of the sentence.
Related articles: Rights of Foreign Convicts in Türkiye: Sentence Enforcement, Release and Application Routes for Families; Prison Transfer Request: Proximity to Family, Health, Application and Review of a Refusal Decision.
Frequently Asked Questions
Can the family file a transfer application?
The law allows relatives to make a request. However, the required consent of the sentenced person and the official acceptance process must be completed separately.
Is transfer to a country of which the person is not a citizen possible?
The law also contains the strong-social-tie criterion. The acceptance by the state concerned and the conditions of the agreement are assessed separately.
Does a transfer application stop enforcement in Türkiye?
Filing an application does not, on its own, stop the enforcement of the sentence or result in release.
Does a transfer reduce the sentence?
There is no such general outcome. The country where enforcement will take place, the agreement and the acceptance conditions are decisive.
Sources and legal bases
- Law No. 6706 on International Judicial Cooperation in Criminal Matters (Cezaî Konularda Uluslararası Adlî İş Birliği Kanunu), in particular Articles 1, 3 and 26–32.
- Ministry of Justice Directorate General for Foreign Relations and the European Union (DİABGM) — Transfer of Sentenced Persons explanations and Circular No. 185.
- Court of Cassation 10th Criminal Chamber (Yargıtay 10. Ceza Dairesi), E.2023/7824, K.2023/8434, October 5, 2023. The full text on the platform may require a login; it can be searched by case reference in the official Court of Cassation decision search system.