On the Sidelines of the Failed Coup d’ État in Turkey: Can Greece Extradite the Eight Turkish Military Officers to Turkey?

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Abstract

The article discusses the pending extradition case of eight Turkish military officers who, on the night of the recent failed coup d’ état in Turkey, defected and resorted to Greece. The analysis addresses the public emergency in Turkey, insofar it is relevant for the extradition case, against the European Convention on Extradition, the European Convention on Human Rights and the Greek Supreme Court’s case law. The discussion finds that, according to the circumstances currently prevailing in Turkey, there are substantial grounds for believing that the eight Turkish military officers will run a real risk of treatment contrary to art.3 ECHR, a real risk of a flagrant denial of justice and a risk of being subjected to the death penalty. The article concludes that it will be ill-advised for Greek authorities to grant Turkey’s extradition request.
Original languageEnglish
Pages (from-to)645-655
Number of pages11
JournalEuropean Human Rights Law Review
Volume2016
Issue number6
Publication statusPublished - 2016

Keywords

  • extradition
  • ECHR
  • European Convention on Extradition
  • European Convention on Human Rights
  • right to a fair trial
  • flagrant denial of justice
  • coup d'etat
  • death penalty
  • public emergency
  • TURKEY
  • GREECE
  • inhuman and degrading treatment

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