United States-Turkey Treaty on Extradition and Mutual Assistance in Criminal Matters Message to the Senate Transmitting the Treaty.

To the Senate of the United States:

With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty on Extradition and Mutual Assistance in Criminal Matters between the United States of America and the Republic of Turkey, signed at Ankara on June 7, 1979.

I transmit also, for the information of the Senate, the report of the Department of State with respect to the treaty.

The treaty is one of a series of modern extradition and mutual assistance treaties being negotiated by the United States. At the request of the Turkish side, the subjects are combined into one treaty. The treaty is self-executing and utilizes existing statutory authority.

The extradition portion of the treaty replaces the current treaty between the United States and Turkey which was signed in 1923. It greatly expands the list of extraditable 'offenses to include narcotics offenses, aircraft hijacking, bribery, and obstruction of justice, as well as many other offenses not now covered by our existing treaty. Upon entry into force, it will terminate and supersede the existing Treaty of Extradition. The new treaty will have only limited retroactive effect. American citizens are not extraditable to Turkey under the present treaty, although they are under the new treaty. Under the new treaty, however, they will not be extradited for extraditable offenses under the present treaty committed prior to entry into force of the new treaty. Also, the new treaty provides that extradition shall not be granted for an offense committed before this treaty enters into force which is not an extraditable offense under the present treaty.

The mutual assistance portion of the new treaty provides for a broad range of cooperation in criminal matters. Mutual assistance available under the treaty includes (1) executing requests relating to criminal matters; (2) taking of testimony or statements of persons; (3) effecting the production, preservation and authentication of documents, records, or articles of evidence; (4) returning to the Requesting Party any objects, articles or other property or assets belonging to it or obtained by an accused through offenses; (5) serving judicial documents, writs, summonses, records of judicial verdicts and court judgments or decisions; (6) effecting the appearance of a witness or expert before a court of the Requesting Party; (7) locating persons; and (8) providing judicial records, evidence and information.

I recommend that the Senate give early and favorable consideration to the treaty and give its advice and consent to ratification.

JIMMY CARTER

The White House,

August 2, 1979.