Draft document made public: Prosecutor Requests the Extradition of Eylem Tok

The prosecutor has drafted a decision requesting the extradition of writer Eylem Tok to Turkiye. Tok, who took her son Timur Cihantimur to the U.S. after he caused the death of Oğuz Murat Acı in Eyüpsultan while driving drunk without a license, faces new developments in her extradition case.

According to reports from Can Kamiloğlu and Mehmet Sümer of VOA, the extradition cases concerning Eylem Tok are ongoing at the Boston District Court in Massachusetts.

JUDGE APPROVES EXTRADITION

The draft decision prepared by the prosecutor notes that Turkiye has submitted certified and authenticated documents in accordance with the bilateral extradition agreement signed with the U.S. in 1979. These documents contain texts related to the crimes Tok is charged with.

The draft decision states, "There are probable reasons to believe that Eylem Tok, requested for extradition by Turkiye, committed the following crimes in front of this court. The evidence presented to the court justifies her arrest for serious crimes if committed in the U.S."

It also mentions that "a sworn statement by the Turkish prosecutor, testimonies from numerous eyewitnesses, and other documents and evidence obtained by Turkish officials" were provided. Based on these findings, it concludes, "I approve the extradition of the fugitive Eylem Tok to Turkiye for crimes under Articles 281 (Destroying, Hiding, or Altering Evidence) and 283 (Aiding a Criminal) of the Turkish Penal Code."

The judge orders the court clerk to send a certified copy of the decision, along with all evidence and witness statements, to the Secretary of State.

LAWYER CALLS PUBLIC RELEASE 'UNUSUAL'

Cahit Akbulut, an attorney from the New York Bar closely following the extradition case, described the early release of the draft decision by Assistant Chief Prosecutor Kearney as "extraordinary" before Tok's extradition hearing scheduled for September 11.

Attorney Akbulut stated that it is surprising to publish a draft decision prepared by the prosecutor about 1.5 months before the hearing without the hearing being conducted.

Akbulut explained that sometimes judges and lawyers collaboratively prepare a final decision draft through mutual consultation and assistance. However, the judge ultimately revises the draft, making additions and deletions as needed. He did not expect any changes to the draft decision following the hearing.

"This collaboration method has taken an unusual turn by publicly sharing the draft decision electronically in Eylem Tok's extradition case," said Akbulut. "Judges, prosecutors, and lawyers frequently meet to discuss the case process and potential decisions, preparing joint decisions within their offices. I personally do not think the judge will make any changes to the prosecutor's draft decision."

Akbulut asserted that the prosecutor and judge had already made the extradition decision for Tok to Turkiye, and the public sharing of the final draft was significant proof of this.

FINAL DECISION LIES WITH U.S.

Akbulut noted that a copy of the draft decision has been sent to the State Department for approval. "Even if the court issues extradition orders for both Tok and her son Cihantimur in their separate cases, the final decision rests with the U.S. State Department. Considering the developments and recent events in the case, it is clear that the State Department, judge, and prosecutor have decided on extradition to Turkiye from the outset," he concluded.