Draft text revealed: Extradition decision to Turkey for Eylem Tok

A new development has emerged in the Eylem Tok case, which remains on Turkey's agenda.

According to the report by Can Kamiloğlu and Mehmet Sümer from VOA; the hearings regarding Eylem Tok's extradition to Turkey are continuing at the Boston District Court in the state of Massachusetts.

EXTRADITION DECISION EXPLAINED WITH GROUNDS

Assistant US Attorney for the District of Massachusetts Kristen A. Kearney submitted the draft decision text, prepared for the US Department of State to approve the extradition, to Judge Donald Cabell ahead of Eylem Tok's hearing on her extradition to Turkey, which is scheduled for September 11 in Boston. In the draft text, the decision for Tok's extradition to Turkey was explained with its grounds.

The draft decision text stated that the judge found the evidence coming from Turkey sufficient, and included the following statement: “I approve the extradition of the fugitive Eylem Tok to Turkey for destroying, concealing, and altering evidence in violation of Article 281 of the Turkish Penal Code; and for harboring a criminal in violation of Article 283 of the Turkish Penal Code. I am remanding her to the custody of judicial law enforcement officers to be kept under surveillance until a more detailed decision regarding extradition and surrender is made by the US Secretary of State.”

PROSECUTOR SHARED THE DRAFT DECISION TEXT PUBLICLY

It was noted that Assistant US Attorney Kearney shared the draft decision text she prepared through the publicly accessible online system where the US Justice System's Court Electronic Records are kept.

The draft extradition decision prepared regarding Tok included the following statements:

“The Court, having evaluated the certified, approved documents and evidence presented by the Republic of Turkey, as well as the mutual defenses and arguments made by both the lawyers and the prosecutor during an extradition hearing held on September 11, 2024, has determined the following points and submitted them to the US Department of State for approval.”

The draft decision text stated that the signatories also have the authority to conduct the court's trial and extradition proceedings, and used the following expression: “This Court has personal jurisdiction over Eylem Tok, who was located and arrested in this district on June 14, 2024, following a complaint filed by the US in response to Turkey's request for Tok's extradition. The extradition treaty between the US and Turkey was fully in force and valid throughout all processes related to this case. Pursuant to Article 2 of the extradition treaty between the US and Turkey, it covers the crimes for which Tok is being tried and for which her extradition is requested for trial.”

Article 2 of the treaty between Turkey and the US is as follows: Extradition is the surrender to the requesting state of a suspect, defendant, or convict who is in the territory of the requested state due to an investigation or prosecution conducted by the judicial authorities of the requesting state, or a final court judgment rendered by the courts of the requesting state.”

JUDGE: 'I APPROVE EYLEM TOK’S EXTRADITION TO TURKEY'

The draft decision text prepared by the prosecutor stated that Turkey submitted documents approved and certified in accordance with the scope of the bilateral extradition treaty signed with the US in 1979, and that these documents contained the texts related to the crimes for which Tok is being tried. The draft decision text included the following: “There is probable cause to believe that Eylem Tok, whose extradition is requested by Turkey, has committed the following crimes before this court. The evidence presented to the court is sufficient to justify her arrest for trial on felony charges if the crimes Tok is accused of had been committed in the US. The sworn statement of the Turkish prosecutor, the statements of numerous eyewitnesses, and other documents and evidence obtained by Turkish officials have been provided. Therefore, and in accordance with the above findings, I approve the extradition of the fugitive Eylem Tok to Turkey for the crimes of Destroying, Concealing, or Altering Evidence in violation of Article 281 of the Turkish Penal Code and Harboring a Criminal in violation of Article 283 of the Turkish Penal Code. I order the clerk of the court to transmit a certified copy of the extradition request, along with a copy of the evidence presented in this case and any witness statements taken in this case, to the Secretary of State.”

'THE SHARING IS EXTRAORDINARY'

Cahit Akbulut, one of the New York Bar Association lawyers who has been closely following the extradition process, evaluated the fact that Assistant US Attorney Kearney shared the draft decision text submitted to Judge Cabell on the publicly accessible judicial electronic system before Tok's extradition hearing on September 11 as “extraordinary.”

In his statement to VOA Turkish, Lawyer Akbulut stated that it is quite surprising for a draft decision text prepared by the prosecutor of the case to be published about 1.5 months before the hearing, before the hearing has even taken place.

'THERE WILL BE NO CHANGES TO THE PREPARED DRAFT DECISION TEXT'

Lawyer Akbulut stated that there can sometimes be mutual consultation and cooperation between judges, prosecutors, and defense attorneys to prepare a joint final decision text, but that in the end, the judge reviews the draft text and prepares the final decision text by making additions and subtractions.

Lawyer Akbulut stated that he does not expect any changes to be made to the draft text after the hearing, saying, “In Eylem Tok's extradition case, this cooperation method has turned into something quite extraordinary, and the draft decision text has been shared electronically in a publicly accessible manner. Judges, prosecutors, and lawyers come together many times both before and during hearings regarding the cases they have, evaluate the case process and possible decisions among themselves, and even sometimes prepare joint decision texts, but this is a cooperation or consensus that remains limited to their offices and desks. I personally do not think the court judge will make any changes to this draft text prepared by the prosecutor.”

Lawyer Akbulut stated that the prosecutor and the judge had made the decision for Tok's extradition to Turkey much earlier, and that the public sharing of the final decision draft is one of the most important proofs of this.

“THE US DEPARTMENT OF STATE WILL MAKE THE FINAL DECISION REGARDING EXTRADITION”

Lawyer Akbulut stated that a copy of the prepared draft decision text was also sent to the US Department of State and its approval was requested, saying, “Even if an extradition decision to Turkey has been issued by the court for both Tok and her son Cihantimur in their separately heard cases, the US Department of State will make the final decision. Considering the developments in the case process and the latest events, I assess that the US Department of State, the judge, and the prosecutor's office have been in favor of the extradition to Turkey from the very beginning.”

News Source: 12punto