Transfer of Convicted Persons Between the USA and Türkiye: Application Conditions, the Transfer Process and Enforcement of the Sentence

Legal legislation and official practice check: October 26, 2026

What is the transfer of a convicted person, and how does it differ from extradition and deportation?

The transfer of a convicted person is an international judicial cooperation procedure that enables a convicted person held in a penal institution of the state that delivered the conviction (the sentencing state) to serve all or the remaining part of the prison sentence in another state (the administering state). The basic aim is to continue the enforcement of the existing conviction in the receiving state; it is not to hold a new trial for the same act. Although social rehabilitation and preservation of family ties are important elements of assessment, they alone do not require a decision in favor of transfer. 13

Important distinction: A person in the USA who only faces an accusation, whose case is continuing or whose judgment is not final does not meet the final-judgment condition required for transfer of a convicted person. In such a case, the path to follow is not transfer but the existing criminal procedure and, where necessary, other international judicial cooperation mechanisms. 136

What are the international and national legal bases of USA–Türkiye transfers of convicted persons?

The 1983 Convention on the Transfer of Sentenced Persons (ETS No. 112)

The Convention on the Transfer of Sentenced Persons of the Council of Europe, opened for signature on March 21, 1983, is not a closed mechanism specific to European countries; the USA is also a party to the Convention. The Convention regulates the principal conditions of transfer, the express consent of the convicted person, the agreement of the contracting states, the methods of continued enforcement and conversion, jurisdiction over the merits of the judgment and the consequences of enforcement. According to the US Department of Justice, files between the USA and Türkiye are normally processed under this multilateral convention. 258

The Türkiye–USA Bilateral Agreement on the Execution of Penal Sentences

There is also between the two states the Agreement on the Execution of Penal Sentences. This agreement contains provisions on the execution of convictions and the transfer of convicted persons. The bilateral agreement includes citizenship, the act being criminal in both countries, the consent of the convicted person, the remaining sentence and certain residence conditions. Nevertheless, without determining which convention applies to the specific file, all the conditions in the bilateral agreement cannot automatically be applied to the convicted person. In particular, the "resident" requirement in the bilateral agreement and the citizenship requirement in the multilateral convention must not be confused. 29

Law No. 6706, Law No. 5275 and Circular No. 185

The basic law for direct application in Türkiye is Law No. 6706 on International Judicial Cooperation in Criminal Matters. Transfer of convicted persons to Türkiye is regulated in Article 30, enforcement in Türkiye after transfer in Article 31, transfer of convicted persons from Türkiye to a foreign state in Article 32, the consequences of enforcement in a foreign state in Article 33 and costs in Article 34. Law No. 5275 applies to the enforcement of sentences in Türkiye to the extent relevant. 3410

The Ministry of Justice's Circular No. 185 on the Transfer of Convicted Persons of November 20, 2024 replaced the provision on transfer of convicted persons in the 2011 Circular No. 69/4. On the same date, a separate Circular No. 184 for extradition entered into force. In current practice, these two separate procedures must not be confused with each other. 14

Can everyone sentenced to prison in the USA be transferred to Türkiye?

No. Eligibility for transfer is not simply a matter of a Turkish citizen being in prison in the USA. At the first stage, the following are determined: of which state the convicted person is a citizen, the finality of the judgment, the content of the conviction, the remaining enforcement period, any open applications or other criminal files, the federal/state status of the US prison, and which international convention will apply to the specific application. 356

The principal conditions for transfer to Türkiye

Under Law No. 6706 Art. 30/1, for transfer of a convicted person to Türkiye, the following are required: the convicted person must be a Turkish citizen or have strong social ties with Türkiye; the consent of the convicted person or their legal representative; the finality of the conviction; the act also being an offense under Turkish law; and, unless the central authorities decide otherwise, at least six months of a prison sentence remaining to be enforced on the date of the request. These are assessed together. 3

However, in the USA's international transfer program, citizenship or nationality of the accepting country is a separate basic condition of the agreement. That Turkish law contains an alternative of strong social ties with Türkiye does not by itself remove the citizenship requirement of the applicable convention to which the USA is a party. For a person who is not a Turkish citizen, it cannot be concluded that transfer from the USA is definitely possible merely on the basis of having relatives in Türkiye. 356

The conviction must be final; a pending legal remedy matters

According to the US Department of Justice's assessment, it is important that the judgment and sentence be final, and that there be no pending appeal or other legal attack on the judgment. The effect on the file of appeals used in the USA, later review of the conviction or extraordinary remedies (for example, a pending collateral attack against the conviction) should be specifically assessed by a US lawyer. That an application has merely been prepared is not the same as its being legally pending; the file documents should be relied upon. 56

The requirement that the act be an offense in both countries, and mixed convictions

It is required that the act also constitute an offense under Turkish law; the names of the offenses and all of their elements need not be word for word identical in the two criminal codes. However, where a single judgment in the USA contains more than one act or offense, the part not eligible for transfer, the separation of the sentence and the different sentence items may require separate examination. Whether an offense has a counterpart in Türkiye cannot be determined merely by looking at the title of the foreign judgment. 39

The six-month period is not an absolute and exceptionless bar

Although the law requires a prison sentence of at least six months to be enforced on the date of the request, the possibility that the central authorities may decide otherwise is expressly regulated. Under the 1983 Convention, too, it is possible for the contracting states to agree in exceptional cases on a shorter remainder. A remainder of five months therefore does not mean a definite rejection; but because the ordinary condition is not met, an exceptional assessment is needed. Given the processing time of the application, as the remaining enforcement period decreases, the probability of actual transfer may decrease further. 38

The informed consent of the convicted person and three-way approval

Transfer proceeds with the consent of the convicted person + the USA's favorable view + Türkiye's acceptance. A petition by a family member does not replace the express consent of the convicted person. Consent must be obtained in a manner that enables the convicted person to understand the consequences of transfer; after the approval of transfer in the USA, a judicial stage called a consent verification hearing, in which consent is verified, also comes into play. The fulfillment of the conditions of transfer does not create an obligation of automatic acceptance for either the USA or Türkiye. 567

How does a Turkish convicted person in a US federal prison apply for transfer to Türkiye?

In US federal prisons, the application is not completed merely by a lawyer's petition sent to the Turkish authorities. At the federal level, the procedure is carried out through the Federal Bureau of Prisons (BOP) and the US Department of Justice's Office of International Affairs / International Prisoner Transfer Unit (OIA/IPTU). 5

Application stages for federal prisoners

The prison case manager and BOP Form 297

The convicted person meets the case manager at the federal penal institution where they are held, states that they wish to apply for international transfer of a convicted person and initiates the BOP Form 297 process. The case manager creates the file; after the documents are completed, the BOP forwards the file to the Department of Justice. The name of this form and the process flow are based on the US Department of Justice's official application description. 5

Examination by the US Department of Justice

The IPTU examines the application conditions, the type of sentence, the applicant's family and social ties, the status of harm to the victim, other criminal investigations continuing in the USA and matters of public safety. Unless the USA gives a favorable decision on transfer at the federal level, acceptance of the file by Türkiye alone does not bring about transfer. Whether the application is accepted or rejected is notified to the parties concerned. 56

Türkiye's acceptance, verification of consent and handover

After the USA's favorable assessment, the competent Turkish authorities examine the transfer file and how the sentence will be enforced in Türkiye. In the stage following the approval of the states, it is verified before a judge in the USA whether the convicted person accepts the transfer of their own free will and knowing its consequences. Then the handover date, security measures and travel program are determined in coordination. Before these procedures are completed, the convicted person cannot travel to Türkiye on their own merely on the basis of an application or an acceptance letter. 157

Why is the process different for convicted persons in US state prisons?

In the USA, a sentence imposed for a federal offense and a sentence imposed by a state criminal court are not assessed through the same administrative route. A person held in a state prison must first follow the state's own application and approval procedure for international transfer of the state that delivered the judgment. A negative decision by the state cannot be overridden by force by the federal government; as a rule, the state's approval is needed before federal IPTU review can be reached. 56

Obtaining state approval likewise does not mean that the file is concluded automatically. After that, the review by the federal Department of Justice, Türkiye's acceptance, verification of the convicted person's consent and the logistical handover stages come into play. Because each state's form, application address, victim notification mechanism and evaluation criteria may differ, a general federal form alone should not be regarded as sufficient without identifying the specific state. 56

To which authority is a transfer application made in Türkiye, and who may initiate it?

In Türkiye, the Central Authority is the Ministry of Justice; the relevant procedures are carried out through the Ministry's General Directorate for Foreign Relations and the European Union. According to the practice description published by the Ministry of Justice, the transfer process to Türkiye may be initiated at the request of the convicted person, a relative of the convicted person or their legal representative. As far as Türkiye is concerned, applying by petition does not replace the prison in the USA and the federal/state processes there; official correspondence between the authorities in the two countries is essential. 134

In the application, the clear name of the prison where the convicted person is held, its federal/state status, case and conviction details, citizenship, the sentence to be enforced, family and social ties in Türkiye and the legal basis should be explained in detail. If the application is to be made through a lawyer, the power of attorney/representation documents, the method of communication and the translation of foreign documents should be prepared according to the requirements of the specific authority.

What documents should the application file contain?

Under Law No. 6706 Art. 30/2 and the Ministry of Justice's Circular No. 185, the following records are assessed according to the nature of the specific file: 34

• A certified copy of the final conviction, and records showing the date of the judgment and the finality of the decision.
• The provisions of the US federal or state law on which the judgment is based and, if necessary, comprehensible Turkish translations of them.
• An enforcement status document: the total sentence, the start of the sentence, periods set off, the remaining enforcement period and any different convictions.
• The express consent document of the convicted person or their legal representative; the mandatory consent verification procedure in the USA will be carried out separately.
• Citizenship/identity documents and, if any, family, residence and social relationship documents showing strong social ties in Türkiye.
• Medical reports and treatment recommendations, when needed.
• Status documents concerning other pending cases, criminal accusations, appeals or similar processes, for the purposes of the US authorities' review.
• Turkish translations and, where necessary, proper certifications; whether translation is required is determined by the procedure of the authority that issues and forwards the requested document.

A list prepared only by a relative of the convicted person cannot take the place of a certified enforcement record of the foreign official authority. Incomplete or contradictory conviction/enforcement records make it difficult both to assess the transfer and to prepare the sentence calculation sheet (müddetname) correctly in Türkiye.

For what reasons may the US and Turkish authorities refuse transfer?

Both states have discretion as to whether to accept the transfer. Law No. 6706 Art. 30/3 allows the request to be rejected where the conditions are absent, no benefit is seen in terms of social rehabilitation, it would not serve the purposes of criminal justice or it would not be consistent with Türkiye's national security and essential interests. The US Department of Justice also takes into account, beyond the conditions of the law and the convention, factors such as public safety, the situation of the victim and pending judicial processes. 36

Concrete risks in the US review

• The judgment not yet being final, or a legal remedy/conviction review continuing against the judgment.
• A pending indictment, detainer (a record concerning the holding of the person or the taking of the person by another authority) or investigative need in respect of other offenses.
• The gravity of the harm to the victim and the violent nature of the offense; concerns about organized crime or public safety.
• The need for the convicted person's testimony or cooperation in other prosecutions.
• Restitution ordered by the court (an obligation of compensation/redress of harm to the victim). Unpaid restitution is not an absolute refusal in every case, but it is treated by the USA as a significant element of assessment.
• Incompatibility with the citizenship or residence provisions of the agreement applicable in the specific case. 6

Is a new application possible after rejection?

In the US Department of Justice's description of the federal process, a new application as a rule after two years from a negative decision is stated, and earlier reconsideration where there is significant new evidence showing that the obstacle to rejection has been removed. This description should not be confused with the application periods in each state's own procedure. Without seeing the legal reasoning of the rejection letter and the authority to which the application was made, no definitive opinion should be given on the time limit and route. 5

At what stages is the transfer approved and how long does it take?

A transfer application is not a single act but a set of administrative and judicial procedures running in two countries at once. The general stages are as follows:

1. Preliminary review: The judgment, citizenship, sentence and applicable convention are determined.
2. Application on the US side: If in a federal prison, the BOP/DOJ; if in a state prison, first the state, then the DOJ review proceeds.
3. Türkiye's assessment: The Ministry of Justice, as central authority, examines the information and documents; the conditions of Law No. 6706 and the consequences of enforcement are determined.
4. Mutual decision and notification: The enforcement regime to be accepted, the period and the agreement of the states concerned are notified.
5. Consent verification: The necessary judicial consent verification hearing is held on the US side.
6. Handover and transfer: Physical transfer is carried out in accordance with the program determined by the officials.
7. Enforcement in Türkiye: The convicted person and the file are handed over to the competent Office of the Chief Public Prosecutor; enforcement begins under Turkish law. 1357

There is no single binding period for concluding all applications. The US Department of Justice states that the actual transfer period after the approval of both countries can vary and that a wait of at least three months may be typical. This does not mean that transfer will take place within three months of the start of the application. 7

How is a sentence in the USA enforced when transferred to Türkiye?

Transfer does not eliminate the US conviction

Under Law No. 6706 Art. 31/1, the period to be spent in the penal institution in Türkiye is notified to the convicted person and the foreign authorities; after it is accepted by the parties, the convicted person is brought to Türkiye and handed over with the file to the Office of the Chief Public Prosecutor. According to Article 31/2, the conviction delivered against the convicted person is enforced under Turkish laws. Transfer is not an amnesty, impunity or a direct decision to release. 34

The merits of the conviction and the procedure of enforcement must be distinguished

As regards the merits of the judgment (whether the offense is established, lifting of the conviction, review of the court decision), the main jurisdiction remains with the US authorities that delivered the judgment. The conduct of enforcement, on the other hand, falls within the duties of the Turkish authorities within the framework of the applicable international convention and Turkish enforcement legislation. The general statement in the earlier article that "a retrial may be necessary in Türkiye after transfer" is therefore not correct. 378

Conversion of the sentence and continued enforcement are not the same thing

The 1983 Convention regulates the methods of continued enforcement and conversion of the sentence for different states. In Türkiye, however, the provisions of Law No. 6706 on transfer of convicted persons (Arts. 30–31) are not identical with the provisions of the same law on assuming enforcement (Arts. 26–27). Which procedure will be followed must be determined by examining together the applicable international agreement, Law No. 6706 and the authorities' decisions on transfer. No generalization can be made that in every transfer of a convicted person the Ankara high criminal court will impose a new sentence. 38

What matters are examined one by one in the enforcement calculation?

Before enforcement begins in Türkiye, the total period of conviction, the period actually spent in prison in the USA, set-offs relating to the judgment, the remainder to be enforced, conditional release and probation under the regulations in force on the date of the incident and on the date of application, transitional provisions and any special offense categories are assessed separately. It should not be assumed that a "parole", "good time" or sentence-reduction record in the USA will produce the same result in Türkiye without any conversion and legal examination. 13710

Without a concrete and official sentence calculation sheet (müddetname), it cannot be said "a person sentenced to ten years in the USA will definitely serve this many years in Türkiye". The portion of the foreign judgment already enforced, the enforcement procedure accepted by Türkiye and the current provisions of Law No. 5275 may change the result.

Amnesty, abolition of the sentence and modification of the judgment

Under Law No. 6706 Art. 31/4, if a general or special amnesty, or a reason abolishing or mitigating the offense or the sentence, arises in the state that delivered the judgment or in Türkiye, the high criminal court of the place where the convicted person is held decides on the convicted person's legal situation. An application concerning the merits of the judgment may, under Article 31/3, be made to the court of the state that delivered the judgment. This distinction is important as to what may be requested from which authority after transfer. 34

Who bears the costs of transfer; are fines and victim's losses an obstacle?

Under the third paragraph of Article 34 of Law No. 6706, the costs necessary for transferring the convicted person from a foreign state to Türkiye are, as a rule, borne by the convicted person; the convicted person or someone on their behalf makes a payment for this purpose into an account opened by the Ministry of Justice. The law also provides that, where it is established that the convicted person is not in a position to meet these costs, they may in certain conditions be met from the Ministry's budget. It cannot be said that costs are always paid by the state in a transfer from abroad to Türkiye. 34

For transfer from Türkiye to the USA, Law No. 6706 Art. 32/4–5 contains special conditions concerning judicial fines and trial costs. If a judicial fine is not paid, the conversion and set-off mechanism in the law may additionally apply; an exception for inability to pay has also been regulated for trial costs. 34

Restitution ordered by a court in the USA, fines, seizure, confiscation and other financial obligations must be distinguished from one another. In particular, the fact that the victim's loss has not been remedied may be a matter of assessment on the US side; however, it cannot be said that all pecuniary obligations lead to the same legal consequence in every case. 6

If the convicted person in Türkiye is a US citizen, can the sentence be served in the USA?

Yes, transfer of a convicted person from Türkiye to the USA is also possible when the statutory and treaty conditions are met. Under Law No. 6706 Art. 32, the following are examined: that the convicted person is a citizen of the state to which they are to be transferred or has strong social ties with it, consent, a final conviction, mutual criminality, as a rule a remaining prison sentence of six months, and that no investigation or prosecution is pending in Türkiye against the convicted person for another offense. The approval of both states, the enforcement conditions to be accepted and the powers relating to continued enforcement are also assessed separately. 34

The US Department of Justice explains that US citizens who are convicted persons in a foreign country must apply both to the authorities of the sentencing country and to the US Department of Justice, and that the relevant US consular authority can help prepare the file. The Turkish authorities before which a transfer application in Türkiye will be conducted and the necessary documents fall within the framework of Circular No. 185 and Law No. 6706 Art. 32. 145

Which law applies after transfer from Türkiye to the USA?

How the remaining sentence of a convicted person accepted into the USA will be enforced is determined within the scope of US transfer and enforcement legislation and the applicable international convention. Before transfer, the enforcement regime of the accepting state to be applied to the convicted person must be explained in an understandable manner, and consent must be given with knowledge of these consequences. The authority to discuss the merits of the conviction in Türkiye concerning the same person does not pass automatically to a US court by virtue of the transfer. 478

How do dual citizenship, long residence in the USA and social ties with Türkiye affect transfer?

Dual citizenship does not by itself produce an automatically favorable or unfavorable decision. The convicted person's citizenship of both Türkiye and the USA, long-term residence in the sentencing state, family relationships in the other country and the definitions of "national" / "domiciliary" in the applicable agreement must each be examined. Although the USA–Türkiye bilateral agreement contains a special provision on residence for the purpose of permanent residence for a certain period, the US Department of Justice explains that it normally conducts transfers with Türkiye under the multilateral 1983 Convention. It should not be asserted that a definitive rejection will be issued because of five years' residence, without determining which text applies to the specific application. 269

A strong social tie with Türkiye should be explained not only by a written statement but with factual and supporting information. In addition, the social-tie criterion of national law does not by itself remove the basic citizenship/nationality condition on the US side. Whether the main purpose of transfer serves the person's social rehabilitation is important in the assessment. 36

Why should transfer and procedures under the law on foreigners be conducted separately?

Transfer of a convicted person is not deportation/removal or an immigration administration decision facilitating deportation. That there is a separate procedure for deportation in the USA does not by itself show that the conditions of the international convention on transfer of convicted persons have been met. Likewise, the passport, travel and entry procedures of a convicted person brought to Türkiye for enforcement cannot be completed by personal travel independently of the official prison handover procedure. 57

If more than one legal procedure is on the agenda at the same time, the transfer process, enforcement of the sentence, immigration law, existing holding orders and identity/citizenship documents should be assessed under separate headings.

What results arise in frequently encountered specific situations?

The outcomes in the table do not take the place of a definitive acceptance or rejection decision without examination of the specific file. The merger of different convictions, US state/federal jurisdiction, being a party to the international convention and current sentence enforcement records may change the assessment.

What legal review should a lawyer carry out before the application?

Identifying the applicable international convention

It must be determined whether the specific application will proceed on the basis of the 1983 Convention or the Türkiye–USA bilateral agreement, as well as the declarations of the contracting states. The special residence or limitation provisions of the bilateral agreement should not be carried over without question to applications to which the other agreement applies.

Review of the final judgment, remaining sentence and multiple convictions

The records of finality of the judgment, pending applications, any combined sentence items, set-off periods and the current prison account must be compared with separate documents. A sentence arising from a decision of a US state court and a federal sentence must be subject to different procedural steps.

Consent, family ties and the rehabilitation rationale

The express and informed consent of the convicted person, and family relationships, language, health and social ties in Türkiye, if any, should be presented with verifiable documents. Sensitive records such as health data should be shared only by the necessary procedure and through secure channels.

Explaining the enforcement regime file by file

The assessment of the likely enforcement period in Türkiye should be made not merely on general sentence reduction rates but by examining together the foreign judgment, the remaining sentence, the convention and the applicable Turkish enforcement legislation. No commitment should be given as to a definite transfer or release date.

Anticipatory response to grounds for rejection and consistency of documents

Risks such as redress of the victim's loss, other criminal files continuing in the USA, the existence of a holding record or a law enforcement need must be examined before the application. Mismatches in identity, sentence and date in the documents should be resolved; different statements should not be given to the authorities of the other country.

Conclusion: USA–Türkiye transfer of convicted persons is possible; three-way consent and an enforcement review are mandatory in every file

The transfer of convicted persons between the USA and Türkiye is a method of international judicial cooperation, different from extradition and from a new criminal trial, which allows a final sentence to be enforced in another country. Transfer of a Turkish citizen from the USA to Türkiye, and of a US citizen from Türkiye to the USA, is possible; however, citizenship and the relevant convention, a final judgment, mutual criminality, as a rule at least six months of remaining sentence, the consent of the convicted person and the approval of the two states are each required separately.

The application routes differ for federal and state convictions in the USA. After a decision to transfer to Türkiye is made, the conviction is not eliminated; it is enforced under Turkish laws within the framework of Law No. 6706 Art. 31. The authorities addressed by applications concerning the merits of the judgment and those concerning the conduct of enforcement must be kept apart. A guarantee of transfer, automatic release or a promise of a fixed enforcement period is not legally correct. 1357

Frequently Asked Questions

Can a Turkish citizen sentenced to prison in America serve the sentence in Türkiye?

Yes; when the judgment is final and the conditions of the applicable convention and Law No. 6706 are met, transfer may be possible with the consent of the convicted person and the acceptance of the US and Turkish authorities. There are different application routes for federal and state sentences. 35

My conviction in the USA is not final; can I request transfer to Türkiye?

The mechanism for transfer of convicted persons cannot be operated before the condition of a final conviction and enforcement of the sentence is met. The nature and status of pending legal remedies must be examined on the file in the USA. 36

Which form is used for a transfer application in a US federal prison?

According to the US Department of Justice's statement, a federal convicted person initiates the BOP Form 297 process by applying to the BOP case manager. The file is then assessed by the relevant federal units. 5

Can a convicted person in a US state prison apply directly to the US Department of Justice?

State convicted persons must first follow the transfer application and approval system of the state that delivered the conviction. Without state approval, the federal authorities cannot compel the state to carry out a transfer. 56

If Türkiye accepts, must the USA transfer the convicted person?

No. The USA, Türkiye and the consent of the convicted person are all required together. The favorable view of the Turkish authorities alone does not replace the approval of the USA. 56

Is it required that at least six months of the sentence remain for transfer?

The rule in Law No. 6706 Art. 30 is a remaining prison sentence of at least six months on the date of the request, unless the central authorities decide otherwise. Exceptional cases are assessed specifically. 38

Is dual citizenship or having lived in the USA for five years an obstacle to transfer?

No absolute conclusion can be drawn on this alone. Although the USA–Türkiye bilateral agreement contains a special residence condition, the US Department of Justice states that transfers between these countries are normally conducted under the 1983 multilateral Convention. The text applicable to the application and the citizenship position are examined together. 29

If I am transferred to Türkiye, will I be tried again?

Transfer is not a new criminal trial. Applications on the merits of the conviction are directed to the authorities of the state that delivered the judgment; enforcement procedures after transfer are carried out by the relevant authorities of Türkiye. 37

Will a sentence in the USA necessarily be reduced in Türkiye?

No. Transfer does not by itself give rise to a sentence reduction, early release or a right to probation. The scope and duration of enforcement in Türkiye are determined by the judgment and set-off records and by Turkish enforcement law in force. 310

Who pays the costs of transfer?

According to Law No. 6706 Art. 34/3, the costs necessary for transfer from a foreign state to Türkiye are, as a rule, borne by the convicted person; for persons determined to be unable to pay, an exceptional public-budget facility is provided in the law. 3

What can be done if the transfer application is rejected?

The reasons for the rejection and the authority that assessed the application should be examined. Although the general period for reapplication in US federal practice is two years, earlier reconsideration may be possible with significant new information showing that the obstacle to rejection has been removed. The states' own procedures must be assessed separately. 5

Can a US citizen who is a convicted person in Türkiye be transferred to the USA?

Yes; under Law No. 6706 Art. 32 and the applicable convention, transfer in this direction is also possible when the approval of the two states, the consent of the convicted person and the other conditions are met. 35

Legal Sources

1. Ministry of Justice of the Republic of Türkiye, General Directorate for Foreign Relations and the European Union (T.C. Adalet Bakanlığı, Dış İlişkiler ve Avrupa Birliği Genel Müdürlüğü) — "Transfer of Convicted Persons" (Hükümlü Nakli), procedure for transfer to and from Türkiye, central authority and practice descriptions. Source

2. U.S. Department of Justice — "List of Participating Countries/Governments"; the statement that applications with Türkiye are ordinarily handled under the Council of Europe Convention. Source

3. Law No. 6706 on International Judicial Cooperation in Criminal Matters (6706 sayılı Cezaî Konularda Uluslararası Adlî İş Birliği Kanunu) — in particular Arts. 26–34; official copy of the law from the Grand National Assembly of Türkiye (TBMM). Source

4. Ministry of Justice of the Republic of Türkiye — Circular No. 185 of November 20, 2024, "Matters to Be Observed by Our Judicial Authorities on the Transfer of Convicted Persons" (Hükümlü Nakli Konusunda Adlî Mercilerimizce Dikkat Edilmesi Gereken Hususlar). Source

5. U.S. Department of Justice, OIA/IPTU — "How the Program Works"; federal/state files, BOP Form 297, transfer of US citizens, reapplication. Source

6. U.S. Department of Justice — "Guidelines for the Evaluation of Transfer Requests Submitted by Foreign Nationals" (update of August 28, 2025). Source

7. U.S. Department of Justice — "Post-Approval Procedures"; consent verification, handover of the transfer, enforcement and time-frame descriptions. Source

8. Council of Europe — Convention on the Transfer of Sentenced Persons of March 21, 1983 (ETS No. 112), in particular Arts. 3, 7, 9–13. Source

9. Ministry of Justice of the Republic of Türkiye — Bilateral Agreement between the Republic of Türkiye and the USA on the Execution of Penal Sentences (Ceza Yargılarının Yerine Getirilmesine İlişkin İkili Anlaşma), in particular Arts. I, III–V. Source

10. Law No. 5275 on the Execution of Sentences and Security Measures (5275 sayılı Ceza ve Güvenlik Tedbirlerinin İnfazı Hakkında Kanun) — application of the enforcement regime case by case; TBMM law information. Source

11. Ministry of Justice of the Republic of Türkiye — official announcement on the entry into force of Circulars No. 184 and 185 (November 20, 2024). Source