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Note · Law no. 6706 art. 32/6

His home country has stated how long he will serve. Do you still accept the transfer?

The Turkish sentence itself does not change. What the statement obtained under Article 32/6 of Law no. 6706 tells you is how long he will remain in a penal institution in his own country and how the sentence will be executed there. Whether that is better than staying turns on the figure you set against it — the conditional release date under Law no. 5275, not the length of the sentence. On a trafficking conviction those two are years apart.

The notification

What Article 32/6 Actually Puts in Front of You

Before a transfer out of Türkiye can be ordered, the receiving state is asked to state how long the prisoner will remain in a penal institution and how the sentence will be executed there, and that information is notified to the prisoner. That is Article 32/6 of Law no. 6706, and it is the reason nobody is asked to consent blind.

Read the statement for two separate things, because it answers two separate questions.

  • The period. Is the figure the time to be spent in prison, or the length of the sentence as the receiving state will register it? Those are different numbers in most legal systems, and the comparison below only works with the first one.
  • The manner of execution. Is release at the stated point automatic, or does it pass through a board that has yet to see him? Does supervision follow, and for how long? A stated period that depends on a discretionary decision taken abroad in four years' time is a weaker figure than one fixed by statute.

Note also where consent sits in the sequence. It is one of the six conditions in Article 32/1, so a refusal ends the request. Acceptance does not complete it: under Article 32/7 the Minister of Justice decides once the foreign state has given its consent, and the grounds of refusal in Article 32/3 remain open — that the conditions are not present, that the transfer would not contribute to the prisoner's social rehabilitation, that it would not serve the aims of criminal justice, or that it is not compatible with Türkiye's national security and fundamental interests.

The comparison

The Figure to Compare It With Is Not the Length of the Sentence

Families almost always set the foreign figure against the wrong Turkish number. A fifteen-year sentence in Türkiye is not fifteen years in prison, and it is not the same number of years for every offence. Under Article 107/1 and 107/2 of Law no. 5275, conditional release comes after half of a determinate sentence served with good conduct — but a long list of offences sits outside that default.

Fifteen-year determinate sentenceProvisionServed in Türkiye before conditional release
General rule5275 art. 107/2One half — 7 years 6 months
Drug manufacture and trafficking, TCK 1885275 art. 108/9Three quarters — 11 years 3 months
Recidivism (tekerrür)5275 art. 108/1Two thirds — 10 years
Offence committed within the activity of an organisation5275 art. 107/4Two thirds — 10 years, or the higher rate where the offence carries one

Time spent deprived of liberty before the judgment became final is deducted under TCK 63, so the real Turkish date is earlier than the table suggests and has to be read off the execution calculation rather than estimated. The arithmetic, the fractions and the applications that go with them are set out on parole and early release in Türkiye.

One Turkish route cannot be counted on either side of this decision. Article 105/A of Law no. 5275 can move a prisoner out of prison up to a year before the conditional release date, and further under the transitional articles. It is executed under a probation directorate inside Türkiye — reporting within five days, then residence, supervision and programmes until the conditional release date. It is not a route home, and it cannot run from abroad. For a foreign national whose objective is to be in his own country, it belongs in the calculation only as time he would still be spending here.
What is not in it

Three Things the Statement Will Not Tell You

Whether the judgment is finished with him

Article 33 answers this and it is the part most worth knowing before consenting. Where the judgment is executed in full by the receiving state, or loses its capacity for execution in whole or in part, the same consequences follow under Turkish law — the sentence is genuinely discharged rather than left standing behind him. Where the foreign state cannot execute the judgment, execution resumes in Türkiye. The Central Authority also asks the receiving state to report special circumstances arising during execution, the completion of execution and any escape, and what arrives is passed to the court that gave the judgment.

What the money does to the period

Under Article 32/4, where the sentence includes a judicial fine alongside imprisonment, the fine must be paid before a transfer can be ordered; if it is not, the days corresponding to the unpaid portion are converted into imprisonment, time already served is set off against that first, and any remainder is added to the term. Article 32/5 requires litigation costs to have been paid unless the prisoner is established to be unable to pay them. In a drug file with a fine running to thousands of days this can change the term itself — which means it should be settled before the foreign state is asked its question, so that the figure it answers is the corrected one.

What happens to his position in Türkiye

A transfer takes him out of the country under Law no. 6706. It is not the immigration route, which runs from TCK 59 and Article 54/1-a of Law no. 6458 and is triggered by conditional release or completion of the sentence here. Whether an entry ban is nevertheless recorded against him is a question for the immigration file, and it is a real factor for anyone with a family, a business or a residence permit in Türkiye. It is dealt with on deportation and entry bans.

If the answer is no

Refusing, and What Deciding Slowly Costs

Consent is a condition, so withholding it ends the request and nothing else in the file moves. The sentence continues here on the Turkish arithmetic, the conviction remains final, and refusing a transfer does not restore any appeal position — finality was the precondition of even asking, and what is left once a judgment is final is a narrower set of remedies, described on appeals in Türkiye.

What a slow decision costs is the route itself. One of the six conditions in Article 32/1 is that, at the date of the request and unless the central authorities decide otherwise, at least six months of the custodial sentence remains to be served. A file that spends a year weighing a statement can arrive at the point where the condition can no longer be met. The same is true of the condition that there be no other investigation or prosecution anywhere in Türkiye; a minor open file blocks the transfer for as long as it stays open.

The decision is therefore made against a clock, on two numbers that have to be produced rather than guessed — the foreign period as stated under Article 32/6, and the Turkish conditional release date read off the execution calculation. The conditions, the documents, who may make the request and what stops it are set out in full on serving a Turkish sentence and transfer home, and the Turkish half of the comparison on parole and early release.

Questions

Three Questions That Decide It

The letter says five years. Is that shorter than what he has left here?
It cannot be answered from the sentence alone. Work out the Turkish conditional release date first: half of a determinate sentence under Article 107/2 of Law no. 5275, but three quarters where the conviction is under TCK 188 by virtue of Article 108/9, two thirds on recidivism under Article 108/1, less the pre-trial detention deducted under TCK 63. Then check what the five years in the letter measures — time in prison, or a sentence registered abroad from which early release is still to be decided. Two figures on the same basis is the only comparison worth making.
If his own country releases him earlier than it stated, can Türkiye bring him back?
Article 33 of Law no. 6706 provides that where the judgment is executed in full by the receiving state, or loses its capacity for execution in whole or in part, the same consequences follow under Turkish law. Execution resumes in Türkiye only where the foreign state cannot execute the judgment. The receiving state is also asked to report special circumstances during execution, the completion of execution and any escape, and what reaches the Central Authority goes to the court that gave the judgment.
He has accepted. Is the transfer now settled?
No. His consent is one of the six conditions in Article 32/1, not the decision. Under Article 32/7 the Minister of Justice decides once the foreign state has given its consent, and Article 32/3 allows a request to be refused where the conditions are not present, where the transfer would not contribute to his social rehabilitation or serve the aims of criminal justice, or where it is not compatible with Türkiye's national security and fundamental interests. A request that asserts the six conditions and says nothing about those grounds is weaker than it needs to be.
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