Reply to Written question | Doc. 13732 | 16 March 2015

Lack of extradition of a suspected assassin from Turkey to Denmark / Extradition requests of Turkey from Denmark

Author(s): Committee of Ministers

Co-rapporteur : Mr Martin HENRIKSEN, Denmark, EC

Co-rapporteur : Mr Ahmet Kutalmiş TÜRKEŞ, Turkey, ALDE

Origin - Adopted at the 1221st meeting of the Ministers’ Deputies (4 March 2015).

Reply to Written question: Written question no. 668 (Doc. 13635) and Written question no. 671 (Doc. 13659)

1. The Committee of Ministers considers it of utmost importance that States Parties to Council of Europe conventions fully respect their obligations under these conventions, including the European Convention on Extradition (ETS No. 24). It notes that all member States of the Council of Europe, including Denmark and Turkey, are committed to combat terrorism and to co-operating internationally for this purpose.

2. The Committee of Ministers further notes that the Convention on Extradition is based on an obligation to extradite as stated in Article 1 of the Convention, subject to exceptions provided for in the Convention and to respect of certain formalities. If extradition does not take place, the Convention includes in Article 18 an obligation for the requested party to inform the requesting party of its decision with regard to extradition and to give reasons for any complete or partial rejection.

3. With respect to the cases referred to by the Honourable Parliamentarians in the above-mentioned written questions, the Committee notes, as far as Written Question No. 668 is concerned, that the Danish authorities are still waiting to receive the relevant information from the Turkish authorities as regards the Danish request for extradition under the Convention on Extradition and for mutual legal assistance under the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30).

4. Concerning Written Question No. 671, the Committee has been informed that Turkey has made two requests to Denmark, in 2012 and 2013, for extradition of alleged members of the PKK. With respect to the first of these, a request from Denmark for additional information did not produce a result that permitted the Danish authorities to establish that the conditions for extradition were met. They informed the Turkish authorities about their decision to reject the request and indicated the reasons therefore in October 2013. The second request is still under examination. The Danish authorities are evaluating the additional information transmitted to them by Turkey.