Interpol and extradition processes concern the international search, apprehension, and assessment of whether persons who are subject to an arrest warrant, conviction decision, or criminal investigation will be surrendered to the requesting state. In these processes, Red Notices, diffusion messages, provisional arrest, extradition proceedings before the high criminal court, deportation procedures, and human rights assessments are considered together.
In Turkey, extradition is carried out within the framework of Law No. 6706 on International Judicial Cooperation in Criminal Matters, the international treaties to which Turkey is a party, constitutional provisions, and the relevant rules of criminal procedure. According to the Ministry of Justice, extradition procedures are assessed within the scope of Law No. 6706, bilateral or multilateral international treaties, and, in cases where there is no treaty, international customary law and the principle of reciprocity.
The existence of an Interpol record or a Red Notice does not mean that the person will automatically be extradited. Interpol states that a Red Notice is not an international arrest warrant; rather, it is a request to locate a person and provisionally apprehend them for the purpose of extradition, surrender, or similar legal action.
What Is Interpol?
Interpol is an international organization that enables police cooperation between member countries. Interpol does not conduct trials directly, does not impose penalties, and does not arrest persons on its own initiative. The Interpol system enables member countries to share information about wanted persons, crimes, identity information, and criminal investigations.
One of the most common types of records encountered in Interpol processes is the Red Notice. In addition, there are different types of notices such as Blue Notices, Yellow Notices, Green Notices, and diffusion messages. According to Interpol, notices are international cooperation requests or alerts that allow member countries to share critical crime-related information.
What Is a Red Notice?
A Red Notice is an international notification used to locate a person who is subject to an arrest warrant or court decision and to provisionally apprehend that person within the scope of the extradition process.
The Ministry of Justice defines a Red Notice as a notice issued by the Interpol General Secretariat 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 country, containing identity information and judicial information regarding the alleged offense.
However, a Red Notice is not a court decision by itself. If the person is apprehended in Turkey, the process is carried out according to Turkish law. Therefore, the existence of a Red Notice does not mean automatic extradition.
What Is a Diffusion Message?
A diffusion message is a faster search mechanism used similarly to a Red Notice. Since the issuance of 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 communication sent by the relevant country’s Interpol unit to the Interpol units of other countries for the apprehension of wanted persons within the framework of the criteria relating to Red Notices.
A diffusion message also does not mean that the person will be directly extradited. When the person is apprehended, provisional arrest, judicial control, waiting for extradition documents, and extradition proceedings before the high criminal court may come into question.
The Difference Between a Red Notice and the Extradition Process
Although a Red Notice and the extradition process are connected, they are not the same thing. A Red Notice is a notification that enables a person to be searched for internationally and their location to be determined. Extradition, on the other hand, is the legal process in which courts and administrative authorities assess whether the person will be surrendered to the requesting state.
Therefore, a Red Notice may only be a tool that initiates or accelerates the process. The decisive factor is that the requesting state sends the extradition documents and that the competent high criminal court in Turkey decides whether the extradition request is admissible.
The main differences between Interpol and the extradition process may be explained as follows:
- A Red Notice is intended for search and provisional apprehension.
- Extradition proceedings determine whether the person will be surrendered.
- The Red Notice is handled through the Interpol system by the relevant authorities.
- The extradition request is assessed by the court and the central authority.
- A Red Notice is not an extradition decision by itself.
- For extradition, separate legal conditions must also be met.
How Does the Extradition Process Begin in Turkey?
The extradition process in Turkey begins when a foreign state submits an extradition request to Turkey. This request is examined by the central authority. For Turkey, the central authority is the Ministry of Justice. Requests that meet the necessary conditions are sent to the competent Chief Public Prosecutor’s Office and then to the high criminal court.
According to the explanations of the Ministry of Justice, after the extradition documents sent by the judicial authorities of the foreign state are evaluated, they are sent to the Chief Public Prosecutor’s Office before the high criminal court of the place where the person requested for extradition is located; if the person’s location is not known, the process is carried out through Ankara.
The extradition process generally consists of the following stages:
- The foreign state prepares the extradition request
- The request is transmitted to Turkey
- A preliminary examination is carried out by the central authority
- If documents are missing, additional information or documents are requested
- The file is sent to the competent Chief Public Prosecutor’s Office
- Extradition proceedings are conducted before the high criminal court
- The court decides 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 is carried out
What Happens If a Person with an Interpol Record Is Apprehended in Turkey?
When a person who is subject to a Red Notice or diffusion message is apprehended in Turkey, the basis of the record and the offense alleged by the requesting state are first examined. At this stage, a provisional arrest or judicial control decision may come into question against the person.
According to Law No. 6706, if there is strong suspicion that an offense that may be subject to an extradition request has been committed, a provisional arrest decision may be issued even before the extradition request reaches the central authority. However, this measure is applied within the framework of international treaty provisions or the principle of reciprocity.
After apprehension, the following matters become important:
- The basis of the Red Notice or diffusion message
- Whether the requesting country has sent the extradition request
- Whether the alleged act constitutes a crime under Turkish law
- Whether the person is a Turkish citizen
- Whether the conditions for provisional arrest have been met
- Whether judicial control would be sufficient
- Whether there is a human rights or political offense claim
Provisional Arrest and Judicial Control
A provisional arrest decision may be issued against a person apprehended due to an Interpol record. However, this decision is not automatic. The court must assess the possibility of the person fleeing, the nature of the file, the status of the extradition documents, the person’s fixed residence, and whether judicial control measures would be sufficient.
Judicial control may also be applied instead of provisional arrest. Within this scope, measures such as a ban on leaving the country, reporting and signing at certain intervals, residing at a specific address, or depositing security may come into question.
In extradition files, measures restricting liberty must be proportionate. Especially if the extradition documents have not yet arrived or if the suspicion of flight is not concrete, it is possible to request judicial control instead of arrest.
Extradition Proceedings Before the High Criminal Court
In Turkey, extradition requests are assessed by the high criminal court. The court examines the documents sent by the requesting state, the person’s defense, the nature of the offense, the extradition conditions, and the grounds for refusal together.
According to the Ministry of Justice, if the person does not accept the consent-based extradition procedure, the competent high criminal court opens a hearing and decides whether the extradition request is admissible.
The following questions are important in extradition proceedings:
- Was the extradition request duly submitted?
- Is the act subject to the request also a crime under Turkish law?
- Is the offense extraditable?
- Is the person a Turkish citizen?
- Is there an allegation of political offense or purely military offense?
- Is there a statute of limitations or amnesty obstacle?
- Has a decision previously been issued in Turkey for the same act?
- Is there a risk of torture, ill-treatment, or lack of a fair trial?
- Is the arrest measure proportionate?
Cases Where the Extradition Request Cannot Be Accepted
Law No. 6706 regulates the cases in which an extradition request cannot be accepted. If such cases exist, the court may not find the extradition request admissible.
The main grounds for refusal are as follows:
- The person requested for extradition being a Turkish citizen
- Risk that the person may be subjected to investigation or punishment due to race, ethnic origin, religion, citizenship, social group, or political opinions
- Risk of torture or ill-treatment
- The act being an offense of thought, a political offense, or an offense connected to a political offense
- The act being a purely military offense
- The act being an offense falling within Turkey’s jurisdiction
- The offense being time-barred or covered by amnesty
- A previous acquittal or conviction decision having been issued in Turkey for the same act
- The request relating to an offense requiring the death penalty or a punishment incompatible with human dignity
Law No. 6706 also provides that genocide and crimes against humanity will not be considered political offenses; and that an extradition request may be separately assessed if the requesting state provides sufficient assurances regarding the risk of the death penalty or a punishment incompatible with human dignity.
Can Turkish Citizens Be Extradited?
As a rule, extradition of Turkish citizens to a foreign country is not possible. The Ministry of Justice states, based on Article 38 of the Constitution, that a citizen cannot be surrendered to a foreign country due to an offense.
However, citizenship status must be examined separately in each file. Dual citizenship, the date of acquisition of citizenship, the date of the offense, and the date of the extradition request may be important in this assessment.
If a Turkish citizen is accused of an offense in a foreign country, different legal mechanisms such as conducting an investigation or prosecution in Turkey, mutual legal assistance, evidence sharing, or transfer of proceedings may come into question instead of extradition.
Blue Notice and the Extradition Process
A Blue Notice is different from a Red Notice. A Blue Notice is issued to collect information about a person’s identity information or the alleged offense, or to determine the person’s location. According to the Ministry of Justice, no apprehension procedure is carried out against a person for whom a Blue Notice has been issued.
Therefore, a Blue Notice is not a tool that directly initiates the extradition process. However, it may be important in terms of determining the person’s location, verifying identity information, or the possibility of a future Red Notice or extradition request.
Is It Possible to Remove an Interpol Record?
If an Interpol record is unlawful, has a political nature, arises from a private law dispute, contains a risk of human rights violations, or has been issued in violation of Interpol rules, an application may be filed for the examination and removal of the record.
Interpol states that notices must comply with its Constitution and data processing rules, and that the prohibition on intervention of a political, military, religious, or racial character is taken into account.
The following matters are important in applications to be made against a Red Notice or diffusion message:
- Whether the request has a political purpose
- Whether the alleged act is an ordinary crime or has a political nature
- Whether a private law or commercial dispute has been converted into a criminal file
- Whether the person is at risk in terms of the right to a fair trial
- Whether there is a risk of ill-treatment or discrimination in the requesting country
- Whether the information in the Interpol record is accurate and up to date
The Difference Between Deportation and the Extradition Process
Deportation and extradition are not the same thing. Deportation is an administrative procedure concerning the removal of a foreigner from Turkey. Extradition, on the other hand, is the process of surrendering a person to the requesting state for the purpose of a criminal investigation, prosecution, or enforcement of a final conviction.
According to Law No. 6706, a foreigner cannot be deported during the extradition process without obtaining the opinion of the central authority. Likewise, deportation cannot be carried out to a state whose extradition request has been refused without obtaining the opinion of the central authority.
Therefore, if there is a deportation decision, restriction code, administrative detention, or residence permit issue in Interpol and extradition files, applications under foreigners law and administrative law should also be evaluated together with the extradition process.
Lawyer Support in Interpol and Extradition Files
Interpol and extradition processes are files that directly affect personal liberty, require swift intervention, and demand technical legal knowledge. A Red Notice, diffusion message, provisional arrest, judicial control, extradition proceedings, and deportation procedures may arise together in the same file.
An Interpol lawyer or extradition lawyer may provide legal support on the following matters:
- Examining the Red Notice or diffusion message
- Assessing the lawfulness of the Interpol record
- Objecting to the provisional arrest decision
- Requesting judicial control measures
- Examining the extradition documents
- Presenting a defense before the high criminal court
- Putting forward the reasons requiring refusal of the extradition request
- Submitting human rights risks to the file
- Following deportation, restriction code, and administrative detention procedures
- Evaluating application routes for the removal of the Interpol record
Early legal intervention is important in such files. This is because the person’s apprehension, provisional arrest, waiting for extradition documents, and court process may develop within a short time.
Frequently Asked Questions
What is an Interpol Red Notice?
A Red Notice is an international notification used to locate a person who is subject to an arrest warrant or court decision and to provisionally apprehend that person within the scope of the extradition process.
Is a Red Notice an arrest warrant?
No. Interpol explicitly states that a Red Notice is not an international arrest warrant. Each country attaches consequences to a Red Notice according to its own domestic law.
What is a diffusion message?
A diffusion message is a fast notification sent by the relevant country’s Interpol unit to other countries for the purpose of apprehending the wanted person, since issuing a Red Notice may take time.
Is a person with an Interpol record immediately extradited in Turkey?
No. An Interpol record or Red Notice is not an extradition decision by itself. In Turkey, the extradition documents are examined separately, and the high criminal court decides whether the extradition request is admissible.
Which court is competent in extradition proceedings?
Extradition requests are assessed by the high criminal court of the place where the person is located. If the person’s location is not known, the process may be carried out through Ankara within the framework of the relevant legal provisions.
Can a Turkish citizen be extradited to a foreign country?
As a rule, no. Pursuant to Article 38 of the Constitution, a citizen cannot be surrendered to a foreign country due to an offense.
Can an Interpol record be removed?
Examination and removal applications may come into question for records that are unlawful, political in nature, arise from a private law dispute, or violate Interpol rules.
Does deportation replace extradition?
No. Deportation is an administrative procedure, whereas extradition is a criminal judicial cooperation process. While the extradition process continues, deportation procedures are subject to special rules.
References
[1] Republic of Turkey Ministry of Justice, Directorate General for Foreign Relations and European Union – Legal Bases of the Extradition Procedure.
[2] Law No. 6706 on International Judicial Cooperation in Criminal Matters.
[3] Republic of Turkey Ministry of Justice, Directorate General for Foreign Relations and European Union – Red Notice, Diffusion Message and Blue Notice.
[4] INTERPOL – Red Notices / About Notices.
