Transfer of a Foreign Prisoner to or from Turkey: Law No. 6706, Consent, Sentence Adaptation and 2024 Circular No. 185

1. Transfer changes the state of execution, not the existence of the conviction

A person already serving a final custodial sentence can benefit from serving the remainder closer to family, language and social environment. The conviction remains a judicial fact; the transfer concerns execution.

The administering state does not simply erase the foreign sentence. It accepts execution within the treaty and domestic-law framework.

The legal file should therefore include the final judgment, sentence length, time already served and current execution calculation.

2. Law No. 6706 and international treaties operate together

Türkiye’s domestic framework is Law No. 6706. The Convention on the Transfer of Sentenced Persons and bilateral agreements can add specific conditions.

Where no treaty exists, international custom and reciprocity can be relevant if the domestic framework permits cooperation.

The applicable instrument should be identified before giving any timing or eligibility advice.

3. Prisoner transfer is not extradition

Extradition concerns surrender to another state for prosecution or execution of a sentence. Prisoner transfer normally follows a final conviction and is aimed at continuing execution in another state.

A person resisting extradition cannot assume that a later prisoner-transfer option cures the extradition issue.

Likewise, a prisoner requesting transfer is not challenging guilt merely by asking to serve the sentence elsewhere.

4. A person sentenced abroad can request transfer to Türkiye

The Ministry of Justice explains that a transfer-to-Türkiye process can begin with a request by the sentenced person, a close relative or legal representative, subject to the applicable framework.

The sentencing state supplies the required judgment, execution and identity documents with translations.

The Ministry evaluates whether statutory/treaty conditions exist and whether Türkiye will accept execution.

5. A foreign national serving a Turkish sentence can request transfer to the home state

For transfer from Türkiye, the prison and relevant public prosecutor’s office prepare the documents required under Article 32 and current Ministry guidance.

The receiving state then states how the remaining sentence would be executed and whether it accepts the transfer.

The sentenced person should understand the receiving state’s execution regime before final consent.

6. A request starts the process but does not create an automatic right

Neither the prisoner nor family can compel two sovereign states to agree merely by submitting a petition.

The authorities examine sentence, nationality/residence connection, remaining period, rehabilitation, security and other statutory/treaty conditions.

A reasoned application should therefore present the legal basis and rehabilitation rationale without promising approval.

7. Informed consent is central in the ordinary transfer model

Transfer generally requires the sentenced person’s voluntary and informed approval under the governing framework.

The person should know the sentence regime, expected remaining duration and legal effect in the receiving state.

Consent given without accurate translation or explanation can create later disputes.

8. The conviction must be sufficiently final for execution transfer

Prisoner transfer is an execution mechanism. A conviction still under ordinary appeal can present a different procedural posture.

The judgment and finality certificate should be obtained, together with execution records.

If a retrial or cassation remedy is pending, counsel should coordinate that with the transfer request.

9. Remaining sentence matters

The administering state needs a clear calculation of what remains to be served. The transfer process should not begin from the headline sentence alone.

Time already served, credited detention, conditional release and other execution factors should be documented.

Different treaties can contain minimum remaining-sentence conditions.

10. The file is document-intensive

Typical materials include the final judgment, statutory provisions, sentence-execution calculation, identity and nationality records, prison conduct information and consent documents.

Translations must be accurate because a mistranslated offence or sentence term can change the receiving state’s assessment.

Use official channels for certified judicial records.

11. The Ministry of Justice is the central authority

The Ministry coordinates with the foreign state and Turkish judicial/prison authorities.

The 2024 Circular No. 185 explains points Turkish judicial authorities should observe.

Private lawyers can prepare requests and follow communications but cannot replace the state-to-state decision process.

12. Sentence execution is determined under the legal framework of the administering state

The Ministry describes an “as-is execution” principle subject to Turkish statutory maximums when a prisoner is transferred to Türkiye.

The exact method can depend on the treaty: some systems continue the sentence, while others adapt it within permitted limits.

The receiving state cannot generally transform the conviction into an unrelated offence merely for convenience.

13. Judicial fines require separate attention

The Ministry’s guidance notes that unpaid judicial fines can affect transfer documentation and, in specified transfer-from-Türkiye circumstances, can be converted into imprisonment for purposes of the sentence calculation under Article 32.

This should be assessed from the final Turkish judgment and execution record.

Administrative fines are not automatically treated the same way.

14. Social rehabilitation is a major policy consideration

The transfer system aims in part to help reintegration by allowing the person to serve the sentence in a state with closer social ties.

Family location, language, residence history and reintegration prospects can therefore be relevant.

These factors do not override mandatory legal conditions.

15. A transfer can be refused on public-interest grounds

The Ministry explains that transfer can be rejected where conditions are absent or the transfer would not serve rehabilitation, criminal-justice purposes, national security or fundamental interests.

The decision is therefore broader than a mechanical checklist.

A request should anticipate any security, pending-case or execution concern.

16. Physical transfer is coordinated between state authorities

Once both states approve and consent requirements are complete, travel and handover are coordinated with interior/security and prison authorities.

The prisoner should not arrange private travel.

The receiving prosecutor/prison authority begins execution on handover.

17. Release is governed by the administering state’s execution decision within the transfer framework

The prisoner should obtain a formal execution calculation after transfer.

Conditional release, probation and sentence-completion rules can differ between states and treaties.

Do not promise that transfer automatically produces earlier release.

Conclusion

Sentenced-person transfer can be valuable for a foreign prisoner or Turkish citizen abroad, but it is a structured state-to-state execution process requiring final records, legal eligibility, state approval and informed consent. It should be planned separately from appeals, extradition and immigration remedies.