Transfer to Serve a Turkish Prison Sentence in Your Home Country
Yes, a foreign national convicted in Türkiye (Turkey) can sometimes be transferred home to serve the rest of the sentence in their own country. This is called the transfer of a sentenced person, and it rests on the Council of Europe Convention on the Transfer of Sentenced Persons (1983) and Türkiye's Law No. 6706. Transfer does not cancel or shorten the sentence; the home country simply takes over the part that is left. It is not automatic, and no honest lawyer can promise it, because both Türkiye and the home country must agree and several conditions must be met. This guide explains, in plain terms, how a transfer works and what a family can realistically expect.
What does a prisoner transfer actually mean — and what does it not mean?
A transfer lets a person convicted in Türkiye finish serving their sentence back in their home country. It changes where the sentence is served, not whether it exists. The conviction stays; the home country takes over the remaining time.
Families often hope a transfer is a way out. It is important to understand clearly what it is not:
- It does not reduce or erase the sentence.
- It is not a pardon, an appeal, or a finding that the person is innocent.
- It is not the same as deportation. Deportation removes a foreigner from Türkiye; a transfer moves an ongoing sentence to another country to be served there.
After a transfer, the home country administers what remains of the sentence under its own laws. That means the way the rest of the term is served, and rules like parole or early release, are decided at home, not in Türkiye.
This page is part of our wider hub for families of foreign nationals held in Turkish prisons, where you can find related guides on visits, calls, and the criminal process.
Where is your relative's case right now?
What is the legal basis for a transfer from Türkiye?
Two main sources of law allow a sentence to be transferred out of Türkiye. Türkiye is a party to the first, and the second is its own national law.
The Convention covers many, but not all, countries. This is where Law No. 6706 matters: it also allows Türkiye to cooperate with states that are not parties to the Convention, on a case-by-case basis. So even if your country has not signed the 1983 Convention, a transfer is not automatically impossible; it depends on whether the two governments will cooperate.
Under Law No. 6706, the Ministry of Justice acts as the central authority that handles these requests, and the Minister of Justice makes the decision on the Turkish side.
Who can be transferred? The usual conditions
To be considered for transfer, a case generally has to meet several conditions at the same time. Missing even one can stop a transfer. Here are the conditions that usually apply.
| Condition | What it means in practice |
|---|---|
| A final conviction | The verdict must be final — all appeals used up, or the time to appeal has passed. Someone still on trial or held on remand is not eligible. |
| Dual criminality | The act must be a crime in both Türkiye and the home country. |
| Consent of the prisoner | The sentenced person must usually agree to be transferred; in limited situations a legal representative may act for them. |
| Consent of both states | Both Türkiye and the home country must agree. Either one can refuse. |
| A minimum remaining sentence | There is usually a minimum amount of the sentence still left to serve when the request is made. If very little time remains, a transfer may not be worthwhile or possible. |
Because these conditions overlap, a lawyer will usually check them together at the start, so a family does not wait months only to learn a basic requirement was never met.
My relative's case isn't finished yet — can they still be transferred?
No. A transfer needs a final conviction, so a relative who is still on trial or held before trial cannot be transferred yet. In Turkish practice, a person held before a final verdict is a remand prisoner (tutuklu) — unconvicted, and detained while the case continues.
Only once the case is fully decided, and the conviction becomes final, can a transfer request move forward. If the case is still open, the focus is usually on the defence itself and on the person's day-to-day rights inside the prison, not on transfer.
If you are at that earlier stage, our guide on the criminal process for foreigners arrested in Türkiye explains the steps from arrest to a final judgment, and where a transfer request can eventually fit in.
Who decides whether the transfer happens?
No single office decides alone. A transfer only happens if both countries agree — Türkiye and the home country. If either says no, the transfer does not go ahead.
On the Turkish side, the Ministry of Justice is the central authority that receives and processes the request, and the Minister of Justice makes the decision. The home country must separately agree to receive the person and to administer the rest of the sentence under its own system.
| Whose agreement is needed | Their role |
|---|---|
| The sentenced person | Must usually consent to being transferred. |
| Türkiye | The Ministry of Justice handles the request; the Minister of Justice decides. |
| The home country | Must accept the person and agree to take over the remaining sentence. |
This is why no one can promise you a transfer. A lawyer can prepare a strong, correct request and follow it properly, but the final answer sits with two governments, not with any law firm.
A transfer will shorten my relative's prison time.
It changes where the sentence is served, not whether it exists. The conviction stays in place and the home country takes over the remaining time, then administers it under its own laws — so rules like parole or early release are decided at home, not in Türkiye.
A transfer is basically the same thing as deportation.
They are different. Deportation removes a foreigner from Türkiye; a transfer moves an ongoing sentence to another country to be served there, and it usually takes many months of exchanges between two governments. Deportation and a re-entry ban are a separate question that many foreign convicts face at the end of a sentence.
If our country never signed the 1983 Convention, a transfer is impossible.
Not necessarily. Türkiye's Law No. 6706 allows cooperation with states that are not parties to the Convention, decided case by case. What matters is whether the two governments agree to cooperate in your relative's particular case.
The court that convicted him decides whether he can go home.
On the Turkish side, the Ministry of Justice is the central authority that receives and processes the request, and the Minister of Justice makes the decision. The home country must separately agree to receive the person and administer the rest of the sentence. Either state can refuse, which is why no one can honestly promise a transfer.
How is a transfer application started?
A transfer request can be started by either country, and the sentenced person can formally ask to be considered. In practice, the process usually begins when the prisoner expresses the wish to be transferred and that request reaches the authorities on both sides.
A typical path looks like this:
- The sentenced person states, in writing, that they wish to serve the rest of the sentence at home.
- The request and supporting documents (proof of nationality, details of the conviction and the remaining sentence, the home address) are gathered.
- The matter is put before the Ministry of Justice in Türkiye and the equivalent authority in the home country.
- Both states review whether the conditions are met and whether they agree.
The home country's consulate or embassy often plays a practical role here, and a foreign detainee has the right to contact their consulate. Our guide on the lawyer and consular rights of a detainee in Türkiye explains how to reach your consulate and what help it can and cannot give.
How long does a transfer take, and can anyone guarantee it?
Be prepared for it to take a long time. A transfer usually involves many months of exchanges between two governments, and there is no guarantee it will be approved. Anyone who promises you a fast or certain result is not being honest with you.
The timing depends on things no lawyer controls: how quickly each Ministry works, whether documents are complete, whether the two states cooperate smoothly, and how much of the sentence is left. Cases with missing paperwork or a country that is slow to respond can take longer still.
Because the wait can be long, families often focus in the meantime on staying connected — visits, letters, calls, and money for canteen needs — which are covered in our other guides for prisoners' families.
On what grounds can a transfer request be refused?
A request can be refused by either state, and refusal is a real possibility, not a rare one. The conditions above act as filters, and a country can also decline for reasons of its own.
Common grounds for refusal include:
- The conditions are not met — for example, the conviction is not yet final, there is no dual criminality, or the person has not consented.
- The transfer would not aid the person's rehabilitation — for instance, if the ties to the home country are weak.
- National-security or public-order concerns.
- One of the two states simply does not agree, which it is entitled to do.
A refusal is not always the end. Sometimes a request can be renewed later, when circumstances change — for example, once a conviction becomes final or once more of the sentence has been served. A lawyer can advise whether a fresh request has a realistic basis.
What can you do now, and how can a lawyer help?
Start with the facts of your relative's own case, because they decide everything: Is the conviction final? What crime, and would it be a crime at home too? How much of the sentence is left? These answers tell you whether a transfer is even possible yet.
A lawyer registered with a Türkiye bar can review the file, check the conditions honestly, prepare and file the request, and follow it with the Ministry of Justice and the home country's authorities. This is part of our wider work in criminal defence for foreign nationals.
It also helps to think ahead about what happens on release. A transfer moves the sentence home, but many foreign convicts separately face a deportation decision and a re-entry ban that affect whether they can return to Türkiye later. Our guide on deportation and entry bans after a prison sentence and our deportation and entry-ban service explain those steps.
This article is general information about Turkish law and is not legal advice; for advice on your specific situation, consult a qualified lawyer.
Governs how transfer requests are handled inside Türkiye, makes the Ministry of Justice the central authority, and allows cooperation with states outside the 1983 Convention.
The treaty that lets member states transfer a sentenced person to their country of nationality; Türkiye is a party to it, but it does not cover every country.
What to gather before you call a lawyer
Everything turns on the facts of your relative's own case. With these in hand, a first assessment can be quick and honest instead of guesswork.
Frequently asked questions
Will a transfer reduce my relative's prison time?
No. A transfer changes the country where the sentence is served, not the length of the sentence. The conviction stays in place, and the home country takes over the remaining time. How that remainder is served, including any parole rules, is then decided under the home country's own law.
Can my relative be transferred while the trial is still going on?
No. A transfer needs a final conviction, so a person still on trial or held on remand is not eligible. Only once the verdict is final can a transfer request move forward. Before that point, the focus is usually on the defence itself.
Does my relative have to agree to the transfer?
Usually yes. The sentenced person normally has to consent to being transferred, and in only limited situations can a legal representative act for them. On top of that, both Türkiye and the home country must also agree. If any of these say no, the transfer does not happen.
How long does a prisoner transfer from Turkey take?
It usually takes many months, because two governments have to exchange documents and both must agree. There is no fixed timeline, and delays are common when paperwork is incomplete or a country is slow to respond. No one can honestly guarantee a transfer or a specific date.
What if my country hasn't signed the 1983 Convention?
A transfer may still be possible. Türkiye's Law No. 6706 allows cooperation with states that are not parties to the Council of Europe Convention, on a case-by-case basis. Whether it happens depends on whether the two governments agree to cooperate in that particular case.
What happens if the transfer request is refused?
A refusal by either state ends that particular request, but it is not always permanent. Sometimes a fresh request can be made later, once circumstances change, such as when a conviction becomes final or more of the sentence has been served. A lawyer can tell you whether a renewed request has a realistic basis.
