The man in his 50s himself fears for his own safety if he is extradited to serve time in prison in his home country.
– To put it this way: Things are not quite as they should be – in terms of legal certainty – in Turkey. This has been the situation in recent years, especially since 2015. The court’s independence and limited appeal possibilities are among the most serious problems, says the man’s defender Fanny Anne Bardoz at the law firm Staff to Dagbladet.
On Thursday last week, the Oslo district court decided to remand her client after the authorities in Turkey requested his extradition.
22 sheep and two gold bracelets
The background is a case that has been pending in the court in Turkey for a number of years – before a final, legally binding judgment was handed down in the Turkish Supreme Court in June 2018.
However, the case stretches back to 2004. Then a group of people were allegedly subjected to an armed robbery in a tent in Turkey. They are said to have been threatened, tied by the hands and robbed of 22 sheep and two gold bracelets.
The Turkish public prosecutor believes that the man contributed to the robbery, which he himself denies.
Nordmann: Life in an American prison
Over 36 years in prison
– There have been several rounds in court. At one point he was acquitted in the first instance, but then the case came up for court again. In 2017, a local court found him guilty of complicity in these acts. The verdict was upheld by the Supreme Court in 2018, says Bardoz.
It ended with a sentence of 36 years and three months in prison, the defense further states.
– He would never receive such a severe sentence in Norway, where the penalty for aggravated robbery is imprisonment for a maximum of 15 years. In addition, it is a point that this legal process has taken an extremely long time – almost 20 years. It is obviously contrary to the right to an effective trial, says Bardoz and refers to the European Convention on Human Rights.
– He also believes that he has nothing to do with this. He has explained that he repaired a car for one of the people involved, and in a sense became involved in the case via telephone contact with the perpetrators, she adds.
JUDGED: The Supreme Court here in Istanbul has ruled that the sentence against the man is correct. He himself denies it. Photo: Shutterstock / NTB
sea view
Married to a Norwegian woman
The reason why Turkey can demand the man’s extradition is that he is a Turkish citizen and because Norway has a binding extradition agreement with Turkey. He has indeed lived in Norway since 2015 – before he formally immigrated the following year. He also has a Norwegian wife, with whom he has been together for over 20 years.
The Oslo District Court nevertheless believes that there is a so-called risk of evasion, i.e. that the man will flee abroad or otherwise avoid extradition, if he is not kept in custody. In the assessment, they emphasized, among other things, that he does not have children or a permanent job in Norway.
He himself has explained that he does not want to leave the country, but “live in a democracy”, it appears from the imprisonment order, as well as help his wife who, according to the defender, has cancer.
Critical to the situation
Turkey has been criticized for human rights violations. Among other things beats Human Rights Watch stated that the human rights situation in the country has been set back several decades under President Recep Tayyip Erdogan.
Both the judges’ association and the bar association in Norway have sounded the alarm about the court’s lack of independence and persecution of political opponents.
“The Turkish rule of law is about to completely erode,” the associations wrote in a joint column in Advokatbladet in 2019.
Amnesty International is also concerned about the situation, it appears from a report from 2021.
RECEIVING CRITICISM: Turkey’s undisputed leader Recep Tayyip Erdogan. Photo: Reuters / NTB
sea view
The Venice Commission, the Council of Europe’s body for democracy through legislation, has repeatedly stated that it is critical of new laws introduced under Erdogan, characterizing them as too vague and that they open to arbitrary prosecution.
– Among other things, they engage in “court packing”, i.e. fill up the courts with state-friendly judges. Independence is not safeguarded, and it also affects my client in that his legal certainty is not ensured, says Bardoz.
– Difficult and harrowing
So far, the court in Norway has not decided whether the man should be extradited or not, but he will be kept in custody until it is clarified.
– On a general basis, it will take a lot for him not to be extradited, but we will explore the possibilities that are there to assist him, says Bardoz.
– How does he take this?
– Both he and his wife find this very difficult and upsetting. They cannot fully understand that it is real.
