Arrest due to a Red Notice is a temporary protective measure that may arise after a person who is subject to an Interpol Red Notice or diffusion message is apprehended in Turkey. However, the existence of a Red Notice does not mean that the person will automatically be arrested or directly extradited to a foreign state.
According to Interpol, a Red Notice is a request made to law enforcement authorities worldwide to locate a person and provisionally arrest them for the purpose of extradition, surrender, or similar legal action; a Red Notice alone is not an international arrest warrant. Countries attach consequences to a Red Notice according to their own domestic laws.
In Turkey, a person apprehended due to a Red Notice may face provisional arrest, judicial control, waiting for extradition documents, and extradition proceedings before the high criminal court. This process is carried out within the framework of Law No. 6706 on International Judicial Cooperation in Criminal Matters and the international treaties to which Turkey is a party.
What Is a Red Notice?
A Red Notice is a notification issued through the Interpol system for the apprehension, wherever found, of suspects, defendants, or convicted persons wanted by the judicial authorities of a country, for the purpose of extraditing them to the relevant state.
According to the Ministry of Justice, a Red Notice may include the clear identity of the wanted person, judicial information regarding the alleged offense, the measures to be taken when the person’s location is determined, and, if available, photograph and fingerprint information.
However, a Red Notice is not a court decision by itself. If the person is apprehended in Turkey, Turkish law applies, and whether a provisional arrest or judicial control decision will be issued against the person is separately assessed by the competent authorities.
Does Arrest Always Occur Due to a Red Notice?
No. Not everyone apprehended due to a Red Notice is automatically arrested. A Red Notice may cause the person to be searched for in terms of the extradition process and may lead to the evaluation of temporary measures in the country where the person is located. However, the legal conditions for arrest must also be met.
In order for a provisional arrest decision to be issued in Turkey, there must be strong suspicion that an offense that may be subject to an extradition request has been committed. In addition, this procedure may arise upon the request of the relevant state and the approval of the Central Authority, within the framework of the provisions of international treaties to which Turkey is a party or the principle of reciprocity.
Therefore, the following questions are important in a Red Notice file:
- Is there a valid arrest warrant underlying the Red Notice?
- Is the alleged act also considered a crime under Turkish law?
- Has the requesting state sent the extradition documents within the prescribed period?
- Is the suspicion of flight concrete?
- Could judicial control be sufficient instead of arrest?
- Is there a political offense or human rights risk?
- Is the person a Turkish citizen?
What Is Provisional Arrest?
Provisional arrest is a temporary protective measure applied to prevent the person from fleeing before the extradition documents reach Turkey, due to a foreign state’s extradition request or a Red Notice record.
According to Law No. 6706, if there is strong suspicion that an offense that may be subject to an extradition request has been committed and the necessary conditions are met, the person may be provisionally arrested before the extradition request reaches the Central Authority. The apprehended person is brought before the criminal judgeship of peace within 24 hours at the latest for a decision on provisional arrest.
The duration of provisional arrest is determined according to the provisions of the relevant international treaty. Within the framework of the principle of reciprocity, the person may remain provisionally arrested for a maximum of forty days. If the extradition documents are not sent within this period, the provisional arrest or judicial control decision is lifted.
How Does the Process Work After a Red Notice?
For a person apprehended due to a Red Notice, the process generally proceeds in several stages. These stages may not operate in the same way in every file; the requesting state, the nature of the offense, the status of the extradition documents, and the person’s legal status affect the direction of the process.
In general, the process proceeds as follows:
- The person is apprehended due to a Red Notice or diffusion message.
- The apprehension is notified to the relevant judicial authorities.
- The person is brought before the criminal judgeship of peace.
- Provisional arrest or judicial control is evaluated.
- The extradition documents are awaited from the requesting state.
- If the extradition documents arrive, the file is referred to the high criminal court.
- The high criminal court examines whether the extradition request is admissible.
- Legal remedies against the decision are evaluated.
- If the acceptance decision becomes final, the administrative approval and surrender process comes into question.
According to the Ministry of Justice, upon a Red Notice or diffusion message, the state where the wanted person is located may, if it deems necessary, ensure the person’s provisional arrest and then request the requesting state to submit the extradition request.
Arrest Due to a Diffusion Message
A diffusion message is a search notification used similarly to a Red Notice but capable of being sent more quickly. Since issuing a Red Notice may take time, it may be sent by the relevant country’s Interpol unit to the Interpol units of other countries in order to prevent delay.
According to the Ministry of Justice, a diffusion message is a distributed telex message sent for the apprehension of wanted persons within the framework of the criteria relating to Red Notices.
A diffusion message is also not an extradition decision by itself. If the person is apprehended in Turkey, provisional arrest, judicial control, and the process of waiting for extradition documents may come into question.
Is Judicial Control Possible?
Yes. Judicial control may be applied instead of arrest for a person apprehended due to a Red Notice. Law No. 6706 provides that, instead of provisional arrest, a judicial control decision may be issued under Article 109 of the Code of Criminal Procedure in a manner that prevents the person from fleeing.
The following measures may come into question within the scope of judicial control:
- Ban on leaving the country
- Obligation to report and sign at certain intervals
- Residence at a specific address
- Reporting to places determined by the court
- Deposit of security
- Seizure of the passport or restriction of travel documents
In a request for judicial control, the person’s fixed residence, family ties, health condition, employment status, social relations in Turkey, whether the suspicion of flight is concrete, and the status of the extradition documents are important.
Can an Arrest Decision Be Objected To?
An objection may be filed against a provisional arrest decision issued due to a Red Notice. Since arrest is a severe measure that directly restricts personal liberty, it must be proportionate and based on concrete grounds.
The following points may especially be raised in an objection:
- A Red Notice alone is not sufficient for arrest
- The extradition documents have not yet been sent
- The alleged act does not constitute a crime under Turkish law
- The person’s suspicion of flight is not concrete
- Judicial control measures would be sufficient
- Arrest is disproportionate due to the person’s health condition or family ties
- There is a political offense or human rights risk
- The requesting state’s documents are incomplete or contradictory
If an arrest decision is issued against the person during the extradition process, the detention status is reviewed by the high criminal court at intervals not exceeding thirty days. In addition, the total duration of detention cannot exceed the enforcement period of the sentence that the person may receive or has been convicted of for the offense subject to the extradition request.
Does a Red Notice Mean Extradition?
No. A Red Notice does not mean that the person will necessarily be extradited. A Red Notice is only a notification intended to locate the person and provisionally apprehend them for the purposes of the extradition process.
For extradition, the requesting state must also send an extradition request, those documents must be examined by the Central Authority, and the high criminal court must decide whether the extradition request is admissible.
In Turkey, the high criminal court of the place where the person is located is competent to decide on the extradition request. If the person’s location is unknown, the Ankara high criminal court is deemed competent.
What Happens If the Extradition Documents Do Not Arrive?
If a provisional arrest decision has been issued due to a Red Notice, the requesting state must send the extradition documents within the prescribed period. According to Law No. 6706, if the extradition documents are not sent within the relevant period, the provisional arrest or judicial control decision is lifted.
However, if the extradition documents arrive later, it is possible to resort again to protective measures in order to prevent the person from fleeing. Therefore, the lifting of the provisional arrest decision may not always mean that the extradition process has completely ended.
Grounds for Refusal in Arrest Due to a Red Notice
When the extradition process is initiated against a person apprehended due to a Red Notice, the court does not look only at the existence of the Red Notice. It separately examines whether the extradition request is legally admissible.
The main situations that may lead to refusal of an extradition request are as follows:
- The person being a Turkish citizen
- The act not constituting a crime under Turkish law
- The offense being time-barred
- The act having the nature of a political offense or an offense connected to a political offense
- The act being a purely military offense
- A previous decision having been issued in Turkey for the same act
- Risk of torture or ill-treatment in the requesting state
- Serious risk regarding the right to a fair trial
- The request containing a risk of the death penalty or a punishment incompatible with human dignity
- The extradition documents being incomplete, contradictory, or procedurally defective
If one of these reasons exists, a defense may be presented against the extradition request even if there is a Red Notice record.
Can Turkish Citizens Be Extradited Due to a Red Notice?
As a rule, extradition of Turkish citizens to a foreign country is not possible. Within the framework of the Constitution and Law No. 6706, the surrender of a citizen to a foreign state due to an offense is prohibited as a rule.
However, the existence of a Red Notice against a Turkish citizen does not mean that the person will not be apprehended in Turkey or that no procedure can be carried out against them. In this case, the person’s legal status, the alleged offense, whether an investigation will be opened in Turkey, the possibility of mutual legal assistance, and the foreign state’s documents are separately evaluated.
For Turkish citizens, different legal mechanisms such as conducting an investigation or prosecution in Turkey, evidence sharing, or mutual legal assistance may come into question instead of extradition.
Is It Possible to Remove a Red Notice Record?
If a Red Notice record is unlawful, has a political nature, arises from a private law or commercial dispute, contains a risk of human rights violations, or has been issued in violation of Interpol rules, application routes for the removal of the record may be evaluated.
The following matters are important in these applications:
- Whether the request was made for political purposes
- Whether the alleged act genuinely falls within the scope of criminal law
- Whether the person is at risk in terms of the right to a fair trial
- Whether there is a possibility of ill-treatment or discrimination in the requesting country
- Whether the information in the Red Notice is accurate and up to date
- Whether the file has the nature of a private law or commercial dispute
Removal of a Red Notice is a separate process; it may be evaluated together with or independently from provisional arrest and extradition proceedings in Turkey.
Deportation and the Red Notice Process
For a foreign person apprehended due to a Red Notice, deportation, restriction code, or administrative detention procedures may also come into question at the same time. However, deportation and the extradition process are not the same legal institution.
Deportation is an administrative procedure concerning the removal of a foreigner from Turkey. Extradition, on the other hand, is a judicial cooperation process based on a foreign state’s request to take delivery of the person for the purpose of a criminal investigation, prosecution, or enforcement of a conviction.
According to Law No. 6706, a foreigner cannot be deported during the extradition process without obtaining the opinion of the Central Authority. In addition, deportation cannot be carried out to the state whose extradition request has been refused without obtaining the opinion of the Central Authority.
Lawyer Support in Arrest Due to a Red Notice
Files involving apprehension and arrest due to a Red Notice require swift action. The person may be brought before a judge within a short time, a provisional arrest decision may be issued, and extradition documents may be awaited from the requesting state.
An Interpol lawyer or extradition lawyer may provide legal support on the following matters:
- Examining the Red Notice or diffusion message
- Investigating the basis of the arrest warrant
- Objecting to the provisional arrest decision
- Requesting judicial control
- Examining the procedural compliance of the extradition documents
- Presenting an extradition defense before the high criminal court
- Putting forward political offense, statute of limitations, and human rights risks
- Following deportation, restriction code, and administrative detention procedures
- Evaluating application routes for the removal of the Red Notice record
Early legal intervention is important in these files. This is because the liberty of a person apprehended due to a Red Notice, the process of receiving extradition documents, and court decisions may take shape within a short time.
Frequently Asked Questions
Is everyone arrested due to a Red Notice?
No. A Red Notice alone is not an automatic ground for arrest. In Turkey, the legal conditions must also be met and a judge’s decision is required for provisional arrest.
Is a Red Notice an international arrest warrant?
No. Interpol explicitly states that a Red Notice is not an international arrest warrant. Countries attach consequences to a Red Notice according to their own domestic laws.
How long does provisional arrest last?
The duration of provisional arrest is determined according to the relevant international treaty. Within the framework of the principle of reciprocity, the person may remain provisionally arrested for a maximum of forty days.
If the extradition documents do not arrive, is the person released?
If the extradition documents are not sent within the prescribed period, the provisional arrest or judicial control decision is lifted. However, if the documents arrive later, new protective measures may come into question.
Can judicial control be applied instead of arrest?
Yes. Law No. 6706 provides that a judicial control decision may be issued instead of provisional arrest in a way that prevents the person from fleeing.
Does a Red Notice mean extradition?
No. A Red Notice is intended for search and provisional apprehension for the extradition process. Extradition also requires proceedings before the high criminal court.
Can a Turkish citizen be extradited due to a Red Notice?
As a rule, Turkish citizens cannot be extradited to a foreign country. However, investigation, prosecution, or mutual legal assistance processes may come into question in Turkey.
Can a Red Notice record be removed?
Application routes for removal may be evaluated for Red Notice records that are unlawful, political in nature, arise from a private law dispute, or involve human rights risks.
References
[1] INTERPOL – Red Notices.
[2] Republic of Turkey Ministry of Justice, Directorate General for Foreign Relations and European Union – Red Notice, Diffusion Message and Blue Notice.
[3] Law No. 6706 on International Judicial Cooperation in Criminal Matters.
[4] Law No. 6706 – Protective Measures for the Purpose of Extradition.
