Türkiye – Çin Halk Cumhuriyeti Suçluların İadesi Andlaşmasına Dair Hukuki Bir Değerlendirme

Abstract

The Extradition Treaty between the Turkish Republic and the People’s Republic of China stirred up lively debates both domestically and internationally, particularly with regards to the Uighur Turks. These debates mainly revolved around political aspects and the consequences of ratifying the Treaty rather than its legal implications. Although the political aspects and consequences of the Treaty are also significant, this study will focus on the legal aspects, which have not been extensively explored. The Extradition Treaty, which has not been ratified by Turkey yet, is similar to treaties that Turkey has signed with other countries both in its form and content. The national legislation of both countries, the United Nations documents on extradition, the European Convention on Human Rights and the case law related to the European Convention on Human Rights (ECHR) and the Turkish Constitutional Court, particularly on the case of Uighur Turks, will be analyzed in an attempt to elaborate the ratification process and the rejection of the Extradition Treaty. In addition, reports from international human rights organizations and states on human rights violations in China, which were also referred to in court decisions, and the extradition challenges that China has experienced with other states in the past will also be examined to provide some guidance to legal practitioners regarding relevant extradition requests.