Extradition from Turkey to Germany is the process by which Turkish judicial authorities request Germany to surrender a person wanted in Turkey after that person is located in Germany. The procedure is not governed by the European Arrest Warrant system. Instead, it is conducted under the European Convention on Extradition, its additional protocols, the domestic laws of both countries and the instruments binding Turkey and Germany.

The general framework in both directions is explained on the page about extradition between Germany and Turkey. This article focuses exclusively on cases in which Turkey is the requesting state and Germany is the requested state.

When does Turkey request extradition from Germany?

Extradition may be requested to complete an investigation or prosecution in Turkey or to enforce a final prison sentence. Under Article 22 of Turkish Law No. 6706, there must be a valid arrest warrant or detention order against the person. At the investigation or prosecution stage, the maximum sentence prescribed for the offence must be at least one year of imprisonment; where there is a final judgment, a prison sentence of at least four months is required.

The European Convention on Extradition likewise applies to acts punishable in both states by deprivation of liberty for at least one year. In requests for enforcement of a sentence, the remaining term must meet the threshold set by the Convention. Both the requirements of Turkish law and those of the Convention must therefore be reviewed together.

How is the request prepared in Turkey?

1. The public prosecutor or court identifies the valid arrest warrant and the person’s connection with Germany.
2. The manner in which the offence was committed is described in the request using concise, chronological and specific statements.
3. The arrest warrant, applicable statutory provisions, limitation rules, identity information and a summary of the evidence are attached.
4. The necessary translations are prepared and the documents are sent to the Ministry of Justice.
5. The central authority reviews the request and, if it is found compliant, forwards it to the German authorities.

The full names of the relevant laws should be used in the request instead of Turkish abbreviations such as “TCK” or “CMK”. If the conviction was rendered in absentia, the guarantees concerning a retrial and the person’s right of defence must be explained separately.

Which authorities decide in Germany?

Germany examines extradition requests under the Act on International Mutual Assistance in Criminal Matters and the European Convention on Extradition. The public prosecutor’s office and the competent Higher Regional Court assess whether extradition is admissible, while the decision to surrender also requires action by the competent federal authorities. The competent place and authority may depend on the German state in which the person is located.

Because Turkey is not a member of the European Union, the European Arrest Warrant does not apply directly to Turkey’s request. This distinction is important so that the simplified surrender rules within the EU are not confused with the traditional extradition procedure.

What does Germany examine in an extradition request?

Under the German Constitution, extradition of German citizens to a state outside the European Union is generally not permitted. Limited exceptions are provided for EU member states and international courts. Dual nationality and the date on which nationality was acquired must therefore be documented.

Why might Turkey’s request be refused?

A political offence, a final decision concerning the same conduct, limitation periods, discriminatory prosecution and human-rights risks may constitute grounds for refusal. In the case of judgments rendered in absentia, particular importance is attached to whether the right of defence was genuinely exercised and whether an effective guarantee of a retrial exists.

German authorities focus on the actual conduct rather than solely on the name given to the charge under Turkish law. In cases connected with a press statement, social-media post or political activity, they may examine in detail whether the alleged offence is an ordinary criminal offence or political in nature.

Provisional arrest and Interpol records

An urgent request for provisional arrest may be sent before the formal extradition documents are completed. A Red Notice is not an automatic arrest warrant for the German authorities; action is taken in accordance with national decisions and the requirements of the Convention. The formal documents must arrive within the period prescribed by the Convention for detention to continue.

Permanent residence, employment, family ties and the absence of a risk of absconding may be considered when assessing less restrictive measures. Types of Interpol notices and national detention for extradition purposes do not produce the same legal consequences.

Within what limits may the extradited person be prosecuted in Turkey?

Under the rule of speciality, without Germany’s consent the person may not be prosecuted or have a sentence enforced for another offence committed before extradition that was not included in the request. If the legal classification of the charge changes later, it must be checked whether the conduct remains extraditable under the new classification.

After surrender, detention and criminal proceedings in Turkey are governed by the Turkish Code of Criminal Procedure. An extradition decision does not prove guilt; the presumption of innocence and the rights of defence continue to apply.

Challenges in Germany and applications in Turkey

Challenges to the admissibility of extradition are brought in Germany under German law. In Turkey, the relevant criminal-procedure remedies may be used against the arrest warrant, judgment or investigative measures. The page on challenging an extradition request in Turkey concerns requests in the opposite direction, so the two procedures should not be confused.

If Interpol data is outdated or incompatible with the purpose of extradition, an application to the Commission for the Control of Interpol’s Files (CCF) may also be considered. Attorney Esra Aslan may be contacted for a joint assessment of the Turkish criminal file, the German extradition documents and the Interpol record.

Frequently Asked Questions

Can Turkey bring a person back from Germany directly?

No. A formal extradition request must be sent to the German authorities in accordance with the Convention and German law.

Does the European Arrest Warrant apply to Turkey?

Because Turkey is not an EU member, the traditional extradition system, rather than the European Arrest Warrant, applies to a Turkish request addressed to Germany.

Can a German citizen be extradited to Turkey?

As a general rule, the German Constitution prevents the extradition of a German citizen to a state outside the European Union.

Is a Red Notice sufficient for arrest in Germany?

It does not produce an automatic result on its own. The German authorities decide under national law and the requirements of the Convention.

Can a conviction rendered in absentia be used for extradition?

Yes, but the right of defence and, where necessary, the guarantee of a retrial are examined in detail.

Does the case end if Germany refuses extradition?

No. The investigation or judgment in Turkey may remain in force, and the status of the case and the Interpol record must be assessed separately in light of the reason for refusal.

Can the extradited person be prosecuted for another offence?

Because of the rule of speciality, proceedings may generally be brought only for the offences on which extradition was based.

This content is provided for general legal information. The competent German authorities, treaty reservations and the time limits applicable to the individual case must be verified separately.

How Is Extradition from Turkey to Germany Carried Out? yazısı ilk önce İnterpol Avukatı üzerinde ortaya çıktı.

Extradition from Dubai to Turkey means requesting the United Arab Emirates authorities to surrender a person who has been located in Dubai and is subject to an investigation, prosecution, or final prison sentence in Turkey. Dubai is not a separate state but one of the emirates forming the UAE; therefore, the request is not limited to correspondence with Dubai Police.

The principal UAE legislation is Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters, as amended in 2023. The general national framework is explained on the UAE–Turkey extradition page; this article focuses specifically on the stages of a case directed from Dubai to Turkey.

Under what conditions may Turkey request extradition from Dubai?

Under Article 22 of Turkish Law No. 6706, a Turkish judicial authority may request the extradition of a person for whom an arrest warrant or detention order has been issued. At the investigation or trial stage, the offence must carry a maximum sentence of at least one year’s imprisonment; for a final judgment, at least four months of imprisonment must remain.

The UAE’s official judicial-cooperation guidance likewise refers to offences punishable by at least one year’s imprisonment for an accused person and a custodial sentence of at least six months for a convicted person. Dual criminality—meaning that the conduct constitutes an offence under both Turkish and UAE law—is also examined.

Which authorities participate in the Dubai proceedings?

The International Cooperation Department of the UAE Ministry of Justice conducts central coordination. Locating the person and taking the first measures in Dubai may involve Dubai Police and Dubai Public Prosecution. The legal conditions for extradition are assessed by the competent court of appeal and the judicial and administrative authorities designated by federal law.

Because of this division of responsibilities, a police record or an Interpol message alone is not sufficient for final surrender. A duly prepared Turkish extradition file must reach the UAE central authority and satisfy the conditions of federal law.

How is the extradition file prepared in Turkey?

The documents should be prepared with an Arabic translation and in the authentication format accepted by the UAE authorities. Arabic and Latin spellings of names, passport numbers, and dates of birth must be cross-checked. The translation must not use free wording that could alter the legal characterization of the conduct.

Provisional arrest and a Red Notice

If the person is found in Dubai, provisional arrest may be requested before the formal extradition file is completed. Dubai Interpol proceedings are important for locating the person and checking records, but an Interpol notice is not, by itself, a court order.

A Red Notice is an international cooperation request based on a national arrest warrant. UAE authorities decide on provisional arrest under federal law and their own procedures. Failure to deliver the formal request within the applicable time limit may result in release.

When may the UAE refuse extradition?

Federal Law No. 39 of 2006 provides grounds for refusal including UAE nationality, UAE jurisdiction over the offence, political or purely military offences, suspicion of discriminatory prosecution, an investigation or judgment in the UAE concerning the same conduct, and expiry of the limitation period.

Surrender may be refused where there are substantial reasons to believe that the request aims to prosecute or punish the person because of race, religion, nationality, or political opinion. In cases involving a judgment rendered in absentia, defence rights and guarantees of a retrial may also be examined according to the circumstances.

Special attention in commercial and financial offences

Dubai-related files frequently involve allegations concerning company management, investments, crypto-assets, money laundering, or international fraud. Failure to pay a contractual debt must be distinguished from fraudulent conduct existing from the outset. Bank movements and company records may demonstrate whether the allegation is merely a civil dispute.

A request to seize assets or collect evidence is a mutual legal-assistance measure separate from extradition. If Turkey seeks bank records or digital data in the same case, the legal basis and the precise measure requested must be stated clearly for each procedure.

Challenging the decision in Dubai

The person and counsel may raise mistaken identity, dual criminality, the penalty threshold, nationality, final judgment, political motivation, and human-rights risks under UAE procedure. The remedy and deadline must be determined according to the type of decision and competent court; action should not be based on estimated time limits.

In Turkey, remedies under the Code of Criminal Procedure may be used in relation to the underlying arrest warrant, investigation, or conviction. The page on extradition proceedings in Turkey describes the reverse situation in which Turkey is the requested state; the court procedure directly applicable to a Dubai case is governed by UAE law.

What happens in Turkey after surrender?

An extradited person may be prosecuted or required to serve a sentence only for the offences specified in the request. Proceedings for another offence may depend on the rule of speciality and the UAE’s consent. An extradition decision does not establish guilt; the presumption of innocence continues during investigation and trial.

An Interpol record may not be updated automatically after surrender or refusal of extradition. Where necessary, a separate application to the CCF may be required for the removal of a Red Notice record.

Coordinated assessment of the file

The local proceedings in Dubai, correspondence with the UAE central authority, and the Turkish criminal case should be monitored simultaneously. Attorney Esra Aslan may be contacted for a document-based assessment of the extradition request, translations, and Interpol record. The outcome depends on the circumstances of each case.

Frequently Asked Questions

Does Dubai directly surrender a person to Turkey?

No. Measures taken by local authorities in Dubai operate within the UAE’s federal extradition and central-authority system.

Is there a separate extradition treaty between Turkey and Dubai?

Dubai is not a separate state. The legal review is conducted under the applicable arrangements between Turkey and the UAE and UAE federal law.

Does a Red Notice lead to immediate arrest in Dubai?

Not automatically. UAE authorities assess the conditions for provisional arrest under their own law.

Can a UAE national be extradited to Turkey?

UAE nationality is listed among the grounds for refusing extradition under federal law.

Can a commercial debt constitute grounds for extradition?

A debt alone is not a ground for extradition; specific conduct such as fraud that constitutes an offence in both countries must be shown.

Which language is used in extradition from Dubai?

The Arabic translation of the request and attachments, together with the authentication format required by the UAE, should be verified before submission.

Is the Interpol record deleted if extradition is refused?

No. Although the refusal decision is important, a separate application concerning the record may still be required before the CCF.

This article is for general information only. UAE federal legislation, court deadlines, and applicable international legal grounds must be checked in their current form for each individual case.

How Is Extradition from Dubai to Turkey Carried Out? yazısı ilk önce İnterpol Avukatı üzerinde ortaya çıktı.

Detention and Deportation at the Airport yazısı ilk önce İnterpol Avukatı üzerinde ortaya çıktı.

One of the most important legal bases for extradition procedures between Turkey and France is the European Convention on Extradition. Turkey is a party to this convention and its additional protocols; the Ministry of Justice also states that extradition procedures for countries party to the European Convention on Extradition are carried out in accordance with the provisions of the convention.

In addition, in extradition processes conducted in Turkey, Law No. 6706 on International Judicial Cooperation in Criminal Matters, the Constitution, the Code of Criminal Procedure, and international principles relating to human rights are also taken into account.

What Is the France–Turkey Extradition Process?

The France–Turkey extradition process is the legal process concerning the determination of whether a person who has a criminal file in one country and is located in the other country will be surrendered to the requesting state.

This process may arise in two ways. In the first case, France may request the extradition to France of a person located in Turkey. In the second case, Turkey may request the extradition to Turkey of a suspect, defendant, or convicted person located in France.

In both cases, the extradition request is not automatically accepted. The legal basis of the request, the nature of the offense, the person’s citizenship, statute of limitations, allegation of political offense, human rights risk, Red Notice record, and procedural compliance of the extradition documents are evaluated together.

Legal Bases of the France–Turkey Extradition Process

One of the main sources in the extradition process between France and Turkey is the European Convention on Extradition. According to the convention, extradition applies to offenses that require a custodial sentence of a certain severity under the laws of both the requesting and requested states. The convention regulates offenses that, in investigation or prosecution files, require a custodial sentence with an upper limit of at least one year; in the case of conviction, it requires a sentence of at least four months.

For Turkey, Law No. 6706 also constitutes the domestic legal basis of the extradition process. This law applies to the examination of extradition requests from foreign states, provisional arrest, judicial control, extradition proceedings before the high criminal court, and the surrender process.

The main legal bases are as follows:

• European Convention on Extradition
• Law No. 6706 on International Judicial Cooperation in Criminal Matters
• Constitution of the Republic of Turkey
• Code of Criminal Procedure No. 5271
• Human rights conventions to which Turkey is a party
• Interpol Red Notice and diffusion system

Extradition Process from Turkey to France

The extradition process from Turkey to France begins when the French authorities submit an extradition request concerning a person located in Turkey. The request is usually transmitted to Turkey through diplomatic channels or central authorities.

In Turkey, the extradition request is first examined by the Ministry of Justice. If the request is incomplete, additional information and documents may be requested. If the request is considered compliant with the law and relevant conventions, the file is sent to the competent Chief Public Prosecutor’s Office and then to the high criminal court.

The extradition process from Turkey to France generally consists of the following stages:

• Preparation of the extradition request by the French authorities
• Transmission of the request to Turkey
• Preliminary examination by the Ministry of Justice
• Requesting additional information and documents if any documents are missing
• Sending the file to the competent Chief Public Prosecutor’s Office
• Conducting extradition proceedings before the high criminal court
• The court deciding whether the extradition request is admissible
• Evaluation of legal remedies against the decision
• If the acceptance decision becomes final, carrying out the administrative approval and surrender process

The fact that the high criminal court finds the extradition request admissible does not mean that the person will be surrendered directly to France. In the extradition process, there is also an administrative approval and surrender stage after the court stage.

Extradition Process from France to Turkey

The extradition process from France to Turkey arises when it is determined that a person who is subject to an arrest warrant, detention order, or final conviction in Turkey is located in France.

In this case, Turkey may request the extradition of the relevant person to Turkey from the French authorities. The request documents must be prepared clearly, completely, and in compliance with the provisions of the convention.

In extradition requests from France to Turkey, the following documents are generally important:

• Extradition request
• Arrest warrant or detention order
• Copy of the judgment if there is a final conviction
• Explanations regarding the place and time of the offense
• Legal classification of the offense
• Applicable legal provisions
• Information regarding statute of limitations provisions
• Identity and citizenship information
• Photograph, fingerprints, or identity verification documents
• Certified translations

The European Convention provides that the extradition request must be made in writing and that supporting documents such as the conviction judgment, detention order, description of the offense, relevant legal provisions, and identity information must be attached to the request.

France–Turkey Extradition Conditions

One of the fundamental conditions in France–Turkey extradition files is the principle of dual criminality. Accordingly, the act subject to the extradition request must constitute a crime under the law of both the requesting country and the requested country.

The main conditions in the extradition process are as follows:

• Existence of a duly submitted extradition request
• The act being considered a crime under both French and Turkish law
• The offense being serious enough to be extraditable
• Absence of a statute of limitations or amnesty obstacle
• The request not being of a political offense nature
• The act not falling solely within the scope of a military offense
• No final judgment having previously been rendered for the same act
• The person not being under serious risk in terms of fundamental rights
• The extradition documents being prepared in accordance with the convention and the law

The existence of these conditions must be examined separately in each file. Even for the same type of offense, different results may arise due to citizenship, statute of limitations, evidentiary status, human rights risk, or an allegation of political offense.

Red Notice and the France–Turkey Extradition Process

It is possible for an Interpol Red Notice to be issued for persons wanted by France or Turkey. A Red Notice is an international notification used to locate a person and provisionally arrest them within the scope of the extradition process.

Interpol states that a Red Notice is a request made to law enforcement authorities worldwide to locate a person and provisionally arrest them for extradition, surrender, or similar legal action; however, it also states that a Red Notice is not an international arrest warrant.

Therefore, the arrest in Turkey of a person who has a France-based Red Notice does not mean that the person will automatically be extradited to France. In Turkey, provisional arrest, judicial control, and extradition proceedings are also carried out separately.

In files involving a Red Notice, the following matters should be examined:

• The arrest warrant underlying the Red Notice
• The nature of the alleged offense
• The equivalent of the act under Turkish law
• Whether the request has a political nature
• Whether the extradition documents arrived within the prescribed period
• Whether the conditions for provisional arrest have been met
• Whether judicial control would be sufficient
• Whether there is a risk regarding human rights and fair trial

Provisional Arrest and Judicial Control

In France–Turkey extradition files, a provisional arrest or judicial control decision may be issued against the person. However, a Red Notice or extradition request alone does not automatically mean arrest.

According to the European Convention on Extradition, provisional arrest may be requested in urgent cases; the provisional arrest request must include the existence of an arrest or conviction decision, the fact that an extradition request will be sent, the nature of the offense, the place and time it was committed, and information enabling the identification of the person. The convention also provides that provisional arrest may be terminated if the extradition request and documents do not arrive within a certain period.

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
Deposit of security
Restrictions regarding passport or travel documents
Other control measures deemed appropriate by the court

When evaluating a provisional arrest or judicial control decision, the person’s fixed residence, family ties, health condition, whether the suspicion of flight is concrete, the nature of the offense, and the status of the extradition documents should be considered together.

Extradition Proceedings Before the High Criminal Court

In Turkey, extradition requests from France are evaluated by the high criminal court. The court examines whether the extradition request is admissible.

In this examination, not only the documents sent by the French authorities are taken into account. The person’s defense, the equivalent of the offense under Turkish law, grounds for refusal, citizenship status, statute of limitations, human rights risk, and proportionality of the arrest measure are evaluated together.

The following questions are important before the high criminal court:

• Was France’s extradition request made by the competent authorities?
• Are the extradition documents compliant with the European Convention on Extradition and Law No. 6706?
• Is the alleged act 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 regarding the same act?
• Is there a risk of torture, ill-treatment, or lack of a fair trial?
• Is the arrest or judicial control measure proportionate?

If the court does not find the submitted documents sufficient, it may decide to request additional information and documents.

In Which Cases Can France’s Extradition Request Be Refused?

Extradition requests from France may be refused under the European Convention on Extradition and Law No. 6706. While examining the documents of the requesting state, the court also evaluates whether there is an obstacle to extradition.

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 subject to statute of limitations or amnesty
• The request being of a political offense nature or related to a political offense
• The act being a purely military offense
• A previous acquittal or conviction decision having been issued in Turkey for the same act
• The person being at risk of punishment due to race, religion, ethnic origin, citizenship, social group, or political opinion
• Risk of torture or ill-treatment in the requesting state
• Serious risk regarding the right to a fair trial
• The extradition documents being incomplete, contradictory, or procedurally defective

The European Convention on Extradition provides that extradition will not be accepted for political offenses, that extradition of nationals may be refused, that extradition cannot be carried out if there is a final judgment regarding the same act, and that extradition will not be accepted in cases of statute of limitations.

Can Turkish Citizens Be Extradited to France?

As a rule, extradition of Turkish citizens to a foreign country is not possible. Therefore, whether the person requested by France is a Turkish citizen must be examined first in the extradition file.

In the citizenship assessment, dual citizenship, the date of acquisition of citizenship, the date of the offense, the date of the extradition request, and civil registry records are important. If the person is a Turkish citizen, different legal avenues such as investigation or prosecution in Turkey, mutual legal assistance, or evidence sharing may come into question instead of extradition.

Extradition of French Citizens to Turkey

In files where Turkey requests extradition from France, the French authorities evaluate the request within the framework of their domestic law and the provisions of the European Convention on Extradition. According to the convention, each party has the right to refuse extradition of its own nationals.

Therefore, the extradition of French citizens to Turkey is examined depending on the concrete circumstances of the file, the citizenship and extradition rules under French law, the nature of the offense, the evidentiary status, and the human rights assessment.

In files where Turkey requests extradition from France, it is important that the documents be prepared clearly, consistently, and with strong legal grounds. The elements of the offense, applicable legal provisions, statute of limitations information, arrest or conviction decision, and translations must be submitted completely.

Documents and Translation Process

In France–Turkey extradition files, the content, translation, and procedural compliance of the documents are among the most important points of the process. Incomplete, incorrect, or contradictory documents may cause the extradition process to be prolonged or the request to be refused.

Extradition files generally include the following documents:

• Extradition request
• Arrest warrant or detention order
• Copy of the judgment if there is a conviction decision
• Indictment or documents showing the criminal accusation
• Explanation regarding the material elements of the incident
• Legislative texts showing the legal basis of the offense
• Explanation regarding statute of limitations provisions
• Identity and citizenship information
• Identity verification documents such as photographs and fingerprints
• Certified translations

Translation of the documents alone is not sufficient. The translated documents must also be examined in terms of the European Convention on Extradition, Law No. 6706, and extradition conditions.

Are Deportation and the Extradition Process the Same Thing?

Deportation and extradition 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 the process of surrendering a person to the requesting state for the purpose of a criminal investigation, prosecution, or enforcement of a final conviction.

In France-based extradition files, the same person may also be subject to a deportation decision, restriction code, administrative detention, or residence permit issue. In such cases, applications under foreigners law and administrative law should also be evaluated together with the extradition process.

Deportation does not replace the extradition process. The situation of a person who is subject to an extradition request to France must be examined within the framework of the special rules of extradition law and the court process.

How Long Does the France–Turkey Extradition Process Take?

The duration of the France–Turkey extradition process varies depending on the nature of each file. Therefore, it is not correct to give a definite period applicable to all files.

The main factors affecting the duration are as follows:

• Whether there is a Red Notice or diffusion message
• Whether the person is under arrest
• Whether the extradition documents have been prepared completely
• Whether translation and certification procedures have been completed
• Whether the court requests additional information and documents
• Whether there are political offense or human rights objections
• Whether legal remedies have been pursued against the decision
• How long the administrative approval and surrender stage will take

While some files may be concluded in a shorter period, in other files the process may be prolonged due to missing documents, requests for additional information, human rights claims, or political offense defenses.

What Does a France–Turkey Extradition Lawyer Do?

A France–Turkey extradition lawyer evaluates the client’s legal status in extradition files between the two countries, examines extradition conditions, and helps establish the defense strategy during the court process.

An extradition lawyer or Interpol lawyer may provide legal support on the following matters:

• Examining the extradition request from France
• Evaluating the extradition request to be made from Turkey to France
• Examining Red Notice and diffusion message records
• Objecting to the provisional arrest decision
• Requesting judicial control
• Presenting an extradition defense before the high criminal court
• Putting forward political offense, statute of limitations, and human rights risks
• Examining extradition documents in terms of translation and procedure
• Following deportation, restriction code, and administrative detention procedures
• Evaluating application routes for the removal or correction of the Interpol record

Early legal intervention is important in these files. This is because the Red Notice, provisional arrest, waiting for extradition documents, and the high criminal court process may develop within a short time.

France–Turkey Extradition Lawyer Fee

The fee of a France–Turkey extradition lawyer varies depending on the scope of the file and the nature of the process. Therefore, it is not correct to determine a fixed fee for every file.

The following matters are generally taken into account in fee assessment:

• Whether the file concerns extradition from France to Turkey or from Turkey to France
• Whether the person is under arrest
• Whether there is a Red Notice or diffusion message
• The scope of the extradition documents
• The need for French or Turkish translation
• Whether foreign law examination is required
• The existence of additional processes such as deportation, restriction code, or administrative detention
• The scope of the court proceedings and legal remedies
• The urgency of the file

Since extradition files directly affect personal liberty and require technical examination, the fee should be determined according to the characteristics of the concrete case.

Contact for Legal Support

The extradition process between France and Turkey is a process that must be conducted carefully in terms of Red Notice, diffusion message, provisional arrest, judicial control, extradition proceedings before the high criminal court, deportation procedures, and human rights assessments.

You may contact our law office to receive support from a France–Turkey extradition lawyer, evaluate the legal conditions of the extradition request, file applications against provisional arrest decisions, and examine the file from a human rights perspective.

Frequently Asked Questions

What is the France–Turkey extradition process?

The France–Turkey extradition process is the legal process in which it is assessed whether a person who is subject to an investigation, prosecution, or conviction in one country and is located in the other country will be surrendered to the requesting state.

Which convention is the extradition process between Turkey and France based on?

One of the main bases in the extradition process between Turkey and France is the European Convention on Extradition. Turkey is a party to this convention and its additional protocols.

Is France’s extradition request accepted automatically?

No. France submitting an extradition request is not sufficient on its own. The request is evaluated in Turkey through the Ministry of Justice and the competent high criminal court process.

Does a Red Notice mean extradition to France?

No. A Red Notice is a notification used to locate the person and provisionally arrest them within the scope of the extradition process. Interpol states that a Red Notice is not an international arrest warrant.

Can a Turkish citizen be extradited to France?

As a rule, extradition of Turkish citizens to a foreign country is not possible. However, matters such as citizenship status, dual citizenship, date of the offense, and date of the request must be examined separately in the concrete file.

In which cases can France’s extradition request be refused?

An extradition request may be refused in cases such as political offense, purely military offense, statute of limitations, amnesty, a previous decision for the same act, Turkish citizenship, risk of torture or ill-treatment, possibility of lack of a fair trial, or missing documents.

Can arrest occur during the extradition process?

Yes. If the conditions are met, a provisional arrest decision may be issued. However, arrest is not automatic. The court must also evaluate whether judicial control would be sufficient.

Which documents are required for extradition from France to Turkey?

The extradition request, arrest or conviction decision, description of the offense, applicable legal provisions, identity information, statute of limitations explanation, and certified translations are generally among the basic documents.

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 must be evaluated separately.

References

[1] Republic of Turkey Ministry of Justice, Directorate General for Foreign Relations and European Union – Legal Bases of the Extradition Procedure.
[2] European Convention on Extradition, ETS No. 024.
[3] Law No. 6706 on International Judicial Cooperation in Criminal Matters.
[4] INTERPOL – Red Notices.

The Extradition Process Between France and Turkey yazısı ilk önce İnterpol Avukatı üzerinde ortaya çıktı.

The extradition process between Russia and Turkey is a legal process in which it is assessed whether a person who is subject to a criminal investigation, prosecution, or final conviction will be surrendered from Russia to Turkey or from Turkey to Russia. This process does not conclude automatically solely upon the request of the authorities of the two countries; the extradition request is examined within the framework of judicial review, provisions of international treaties, Law No. 6706, human rights principles, and the legal status of the person.

The “Agreement on Mutual Legal Assistance in Criminal Matters and Extradition” was signed between Turkey and Russia; the ratification of this agreement was approved by Law No. 6788. The law states that the agreement was signed in Ankara on December 1, 2014, and was published in the Official Gazette dated 08.03.2017.

In Russia–Turkey extradition files, Red Notices, diffusion messages, provisional arrest, judicial control, extradition proceedings before the high criminal court, deportation procedures, and human rights risks must be evaluated together.

What Is the Russia–Turkey Extradition Process?

The Russia–Turkey extradition process is an international judicial cooperation process concerning the determination of whether a person who is subject to judicial proceedings in one country and is located in the other country will be surrendered to the requesting state.

This process may arise in two directions. In the first case, the Russian Federation may request the extradition to Russia of a person located in Turkey. In the second case, Turkey may request the extradition to Turkey of a suspect, defendant, or convicted person located in Russia.

In both cases, for the extradition request to be admissible, the request documents must be duly prepared, the alleged act must constitute an extraditable offense, the act must be considered a crime under the laws of both countries, and there must be no grounds for refusal such as statute of limitations or political offense.

Legal Bases of the Russia–Turkey Extradition Process

The main legal basis in the extradition process between Russia and Turkey is the agreement on mutual legal assistance in criminal matters and extradition signed between the two countries. In the statement of the Ministry of Justice, it was stated that the agreement was signed between the Government of the Republic of Turkey and the Government of the Russian Federation and that it aims to facilitate the implementation of the European conventions to which both countries are parties.

For Turkey, Law No. 6706 on International Judicial Cooperation in Criminal Matters also applies. This law regulates the procedures and principles of judicial cooperation with foreign states in criminal matters. The law also explicitly states that the Central Authority is the Ministry of Justice.

The main legal sources in the Russia–Turkey extradition process are as follows:

• Agreement on Mutual Legal Assistance in Criminal Matters and Extradition between the Republic of Turkey and the Russian Federation
• Ratification Law No. 6788
• Law No. 6706 on International Judicial Cooperation in Criminal Matters
• Constitution of the Republic of Turkey
• Code of Criminal Procedure
• International human rights conventions to which Turkey is a party
• Interpol rules and Red Notice system

Extradition Process from Russia to Turkey

The extradition process from Russia to Turkey arises when it is determined that a person who is subject to an arrest warrant, detention order, or final conviction in Turkey is located in Russia.

In this case, Turkey may apply to the Russian authorities for the extradition of the relevant person to Turkey. The application must include the extradition request, arrest or conviction decision, documents explaining the material elements of the offense, applicable legal provisions, statute of limitations information, and documents useful for identification.

The following matters are particularly important in extradition requests from Russia to Turkey:

• The extradition request must be prepared clearly and consistently
• The arrest or conviction decision must be procedurally proper
• The act must constitute a crime under Turkish law
• The act must also be an extraditable offense under Russian law
• The offense must not be time-barred
• Translation and certification requirements for the documents must be fulfilled
• The request must not have the nature of a political or purely military offense
• It must be shown that the person is not at risk in terms of human rights

The Russian authorities evaluate the request from Turkey within the scope of their domestic law and the provisions of the bilateral agreement. Therefore, it is important that the documents to be sent from Turkey to Russia be complete, compliant with the agreement, and prepared in a convincing manner.

Extradition Process from Turkey to Russia

The extradition process from Turkey to Russia begins when the Russian authorities submit an extradition request concerning a person located in Turkey. The request is transmitted to Turkey through diplomatic channels or central authorities.

In Turkey, the extradition request is first examined by the Central Authority. According to Law No. 6706, the Central Authority may examine extradition requests, request additional information and documents if deemed necessary, and reject requests that do not meet the required conditions. Requests that meet the required conditions are sent to the Chief Public Prosecutor’s Office before the competent high criminal court.

The extradition process from Turkey to Russia generally consists of the following stages:

• Preparation of the extradition request by the Russian authorities
• Transmission of the request to Turkey
• Preliminary examination by the Ministry of Justice
• Requesting additional information and documents if any documents are missing
• Sending the file to the competent Chief Public Prosecutor’s Office
• Conducting extradition proceedings before the high criminal court
• The court deciding whether the extradition request is admissible
• Evaluation of legal remedies against the decision
• If the acceptance decision becomes final, carrying out the administrative approval and surrender process

The fact that the high criminal court finds the extradition request admissible does not mean that the person will automatically be surrendered to Russia. In the extradition process, the administrative approval and surrender stage also comes into question after the court stage.

Russia–Turkey Extradition Conditions

One of the fundamental conditions in the Russia–Turkey extradition process is that the act subject to the extradition request must be considered a crime under the laws of both countries. This principle is referred to as dual criminality. In other words, in a file where Russia requests extradition from Turkey, it is not sufficient that the alleged act is a crime only under Russian law; the act must also have a criminal equivalent under Turkish law.

The main conditions in the extradition process are as follows:

• Existence of a duly submitted extradition request
• The act constituting a crime under the laws of both countries
• The offense being serious enough to be extraditable
• Absence of a statute of limitations or amnesty obstacle
• The request not being of a political offense nature
• The act not falling solely within the scope of a military offense
• No previous decision having been issued in Turkey for the same act
• The person not being under serious risk in terms of fundamental rights
• The extradition documents being prepared in accordance with the agreement and the law

These conditions must be evaluated in each file according to the specific circumstances of the concrete case. Even for the same type of offense, different results may arise due to citizenship, statute of limitations, evidentiary status, human rights risk, or an allegation of political offense.

Red Notice and the Russia–Turkey Extradition Process

It is possible for an Interpol Red Notice to be issued for persons wanted by Russia or Turkey. A Red Notice is an international notification used to locate a person and provisionally arrest them within the scope of the extradition process.

Interpol states that a Red Notice is a request made to law enforcement authorities worldwide to locate a person and provisionally arrest them in the process of extradition, surrender, or similar legal action; however, it also states that a Red Notice is not an international arrest warrant. Member countries attach consequences to Red Notices according to their own domestic laws.

Therefore, the arrest in Turkey of a person who has a Russia-based Red Notice does not mean that the person will be directly extradited to Russia. In Turkey, provisional arrest, judicial control, and extradition proceedings are also carried out separately.

In files involving a Red Notice, the following matters should be examined:

• The arrest warrant or court decision underlying the Red Notice
• The nature of the alleged offense
• The equivalent of the act under Turkish law
• Whether the request has a political nature
• Whether the extradition documents arrived within the prescribed period
• Whether the conditions for provisional arrest have been met
• Whether judicial control would be sufficient
• Whether there is a risk regarding human rights and fair trial

Provisional Arrest and Judicial Control

In Russia–Turkey extradition files, a provisional arrest or judicial control decision may be issued against the person. However, a Red Notice or extradition request does not result in automatic arrest in every case.

According to Law No. 6706, if there is strong suspicion that an offense that may be subject to an extradition request has been committed, the person may be provisionally arrested even before the extradition request reaches the Central Authority. The same article 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
• Deposit of security
• Restrictions regarding passport or travel documents
• Other control obligations to be determined by the court

When evaluating a provisional arrest or judicial control decision, the person’s fixed residence, family ties, health condition, whether the suspicion of flight is concrete, the status of the extradition documents, and the nature of the offense should be considered together.

Extradition Proceedings Before the High Criminal Court

In Turkey, the high criminal court is competent to evaluate extradition requests from Russia. According to Law No. 6706, 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 not known, the Ankara high criminal court is deemed competent.

The court examines whether the extradition request is admissible. During this examination, the documents sent by the requesting state, the person’s defense, the nature of the offense, extradition conditions, grounds for refusal, and human rights risks are evaluated together.

The following questions are important before the high criminal court:

• Was Russia’s extradition request made by the competent authorities?
• Are the extradition documents compliant with the agreement and Law No. 6706?
• Is the alleged act 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 regarding the same act?
• Is there a risk of torture, ill-treatment, or lack of a fair trial?
• Is the arrest or judicial control measure proportionate?

If the court does not find the documents sent by the requesting state sufficient, it may request additional information and documents.

In Which Cases Can Russia’s Extradition Request Be Refused?

Russia’s extradition request from Turkey may be refused under Law No. 6706 and the provisions of the relevant treaty. The court does not only look at the existence of the extradition request; it also examines whether there is an obstacle to extradition.

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 subject to statute of limitations or amnesty
• The request being of a political offense nature or related to a political offense
• The act being of a purely military offense nature
• A previous acquittal or conviction decision having been issued in Turkey for the same act
• The person being at risk of punishment due to race, religion, ethnic origin, citizenship, social group, or political opinions
• Risk of torture or ill-treatment in the requesting country
• 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

Law No. 6706 lists situations such as the act underlying the extradition request being an offense of thought, a political offense, or an offense related to a political offense; being a purely military offense; being time-barred or covered by amnesty; or a previous decision having been issued in Turkey for the same act among the important grounds for refusal in extradition.

Can Turkish Citizens Be Extradited to Russia?

As a rule, extradition of Turkish citizens to a foreign country is not possible. Therefore, whether the person requested by Russia is a Turkish citizen is one of the issues that must be examined first in the extradition file.

However, citizenship status must be evaluated concretely in each file. Dual citizenship, the date of acquisition of citizenship, the date of the offense, the date of the request, and civil registry records are important in this examination.

If it is alleged that a Turkish citizen committed an offense in Russia, different legal avenues 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.

Extradition of Russian Citizens to Turkey

The extradition of Russian citizens to Turkey comes into question in files where Turkey is the requesting state. In this case, the Russian authorities evaluate Turkey’s request within the framework of the bilateral agreement, their own domestic law, and their international obligations.

In files where Turkey requests extradition from Russia, it is of great importance that the extradition documents be prepared completely. The elements of the offense, evidence, legal provisions, arrest or conviction decision, statute of limitations information, and translations must be clearly added to the file.

Documents and Translation Process

In Russia–Turkey extradition files, the content and translation of the documents are among the most important stages of the process. Incomplete, incorrect, or contradictory documents may lead to refusal of the extradition request or prolongation of the process.

Extradition files generally include the following documents:

• Extradition request
• Arrest warrant or detention order
• Copy of the judgment if there is a conviction decision
• Indictment or documents showing the criminal accusation
• Explanation regarding the material elements of the incident
• Applicable legal provisions
• Explanation regarding statute of limitations provisions
• Identity and citizenship information
• Photograph, fingerprints, or identity verification documents
• Certified translations

It is not sufficient for the documents merely to have been translated. Whether the documents comply with the agreement, Law No. 6706, and extradition conditions must also be examined separately.

Are Deportation and the Extradition Process the Same Thing?

Deportation and extradition 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 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. In addition, deportation cannot be carried out to the 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 Russia-based extradition files, applications under foreigners law and administrative law must also be evaluated together with the extradition process.

How Long Does the Russia–Turkey Extradition Process Take?

The duration of the Russia–Turkey extradition process varies depending on the nature of the file. It is not correct to give a definite period applicable to every file.

The main factors affecting the duration are as follows:

• Whether there is a Red Notice or diffusion message
• Whether the person is under arrest
• Whether the extradition documents are complete
• Whether translation and certification procedures have been completed
• Whether the court requests additional information and documents
• Whether there are political offense or human rights objections
• Whether legal remedies have been pursued against the decision
• How long the administrative approval and surrender stage will take

While some files may be concluded in a shorter period, in other files the process may be prolonged due to missing documents, requests for additional information, human rights risk, or an allegation of political offense.

What Does a Russia–Turkey Extradition Lawyer Do?

A Russia–Turkey extradition lawyer evaluates the client’s legal status in extradition files between the two countries, examines the extradition conditions, and helps establish the defense strategy during the court process.

An extradition lawyer or Interpol lawyer may provide support on the following matters:

• Examining the extradition request from Russia
• Evaluating the extradition request to be made from Turkey to Russia
• Examining Red Notice and diffusion message records
• Objecting to the provisional arrest decision
• Requesting judicial control
• Presenting an extradition defense before the high criminal court
• Putting forward political offense, statute of limitations, and human rights risks
• Examining extradition documents in terms of translation and procedure
• Following deportation, restriction code, and administrative detention procedures
• Evaluating application routes for the removal or correction of the Interpol record

Early legal intervention is important in these files. This is because the Red Notice, provisional arrest, waiting for extradition documents, and the high criminal court process may develop within a short time.

Russia–Turkey Extradition Lawyer Fee

The fee of a Russia–Turkey extradition lawyer varies depending on the scope of the file and the nature of the process. Therefore, it is not correct to determine a fixed fee for every file.

The following matters are generally taken into account in fee assessment:

• Whether the file concerns extradition from Russia to Turkey or from Turkey to Russia
• Whether the person is under arrest
• Whether there is a Red Notice or diffusion message
• The scope of the extradition documents
• The need for Russian or Turkish translation
• Whether foreign law examination is required
• The existence of additional processes such as deportation, restriction code, or administrative detention
• The scope of the court proceedings and legal remedies
• The urgency of the file

Since extradition files directly affect personal liberty and require technical examination, the fee should be determined according to the characteristics of the concrete case.

Contact for Legal Support

The extradition process between Russia and Turkey is a process that must be conducted carefully in terms of Red Notice, diffusion message, provisional arrest, judicial control, extradition proceedings before the high criminal court, deportation procedures, and human rights assessments.

You may contact our law office to receive support from a Russia–Turkey extradition lawyer, evaluate the legal conditions of the extradition request, file applications against provisional arrest decisions, and examine the file from a human rights perspective.

Frequently Asked Questions

What is the Russia–Turkey extradition process?

The Russia–Turkey extradition process is the legal process in which it is assessed whether a person who is subject to an investigation, prosecution, or conviction in one country and is located in the other country will be surrendered to the requesting state.

Is Russia’s extradition request accepted automatically?

No. Russia submitting an extradition request is not sufficient on its own. The request is evaluated in Turkey by the Central Authority and the competent high criminal court.

Is there an extradition agreement between Turkey and Russia?

Yes. The Agreement on Mutual Legal Assistance in Criminal Matters and Extradition was signed between the Republic of Turkey and the Russian Federation, and the ratification of this agreement was approved by Law No. 6788.

Does a Red Notice mean extradition to Russia?

No. A Red Notice is a notification used to locate the person and provisionally arrest them within the scope of the extradition process. Interpol states that a Red Notice is not an international arrest warrant.

Can a Turkish citizen be extradited to Russia?

As a rule, extradition of Turkish citizens to a foreign country is not possible. However, matters such as citizenship status, dual citizenship, date of the offense, and date of the request must be examined separately in the concrete file.

In which cases can Russia’s extradition request be refused?

An extradition request may be refused in cases such as political offense, purely military offense, statute of limitations, amnesty, a previous decision for the same act, Turkish citizenship, risk of torture or ill-treatment, possibility of lack of a fair trial, or missing documents.

Can arrest occur during the extradition process?

Yes. If the conditions are met, a provisional arrest decision may be issued. However, arrest is not automatic. The court must also evaluate whether judicial control would be sufficient.

What happens if the extradition documents are incomplete?

If the extradition documents are incomplete or insufficient, the court or the Central Authority may request additional information and documents. If the deficiency is not remedied, refusal of the extradition request may come into question.

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] Law No. 6788 on the Approval of the Ratification of the Agreement on Mutual Legal Assistance in Criminal Matters and Extradition between the Republic of Turkey and the Russian Federation.
[2] Republic of Turkey Ministry of Justice – Agreement Signed with the Russian Ministry of Justice.
[3] Law No. 6706 on International Judicial Cooperation in Criminal Matters.
[4] INTERPOL – Red Notices.

The Extradition Process Between Russia and Turkey yazısı ilk önce İnterpol Avukatı üzerinde ortaya çıktı.

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.

Arrest Due to a Red Notice yazısı ilk önce İnterpol Avukatı üzerinde ortaya çıktı.

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.

Interpol and Extradition Procedures yazısı ilk önce İnterpol Avukatı üzerinde ortaya çıktı.

Extradition is the legal process concerning the surrender of a person who is subject to a criminal investigation, prosecution, or final conviction in one country to the requesting state if that person is apprehended or found in another country. In Turkish law, this institution is mostly referred to as “extradition” or “the return of offenders.”

In Turkey, extradition is evaluated within the framework of Law No. 6706 on International Judicial Cooperation in Criminal Matters, bilateral or multilateral international treaties to which Turkey is a party, the Constitution, and the relevant provisions of criminal procedure. According to the explanations of the Ministry of Justice, extradition is considered both in terms of extradition from Turkey to a foreign state and Turkey’s extradition requests from foreign states.

The extradition process does not conclude automatically merely because a foreign state makes a request. The court examines together the legal conditions of the extradition request, the person’s citizenship, the nature of the offense, statute of limitations, allegation of political offense, human rights risks, and the procedural compliance of the request documents.

What Is Extradition?

Extradition is the process of surrendering a person who is subject to a criminal investigation or prosecution in a foreign country, or who has a final conviction, to the requesting state.

This process may arise in two ways. In the first case, a foreign state requests the extradition of a person located in Turkey. In the second case, Turkey requests the extradition to Turkey of a suspect, defendant, or convicted person located abroad.

For Turkey, extradition is regulated in the third section of Law No. 6706. The Ministry of Justice states that Articles 10 to 21 of Law No. 6706 regulate the procedure for extradition from Turkey to a foreign state, while Article 22 regulates Turkey’s extradition requests.

What Are the Conditions for Extradition?

For extradition to take place, certain fundamental conditions must exist together. Without these conditions, it is not possible to surrender a person to a foreign state.

The main extradition conditions are as follows:

• Existence of a duly submitted extradition request
• The act subject to the request being considered a crime under the laws of both countries
• The offense requiring a custodial sentence of a certain severity
• Absence of a statute of limitations or amnesty obstacle
• The request not being of a political offense or purely military offense nature
• The person not being a Turkish citizen
• No final judgment having previously been issued in Turkey for the same act
• Absence of risk of torture, ill-treatment, or lack of a fair trial
• The request documents being prepared in accordance with the law and treaties

In extradition requests at the investigation or prosecution stage, it is required that, under the law of the requesting state and Turkish law, the upper limit of the offense requires a custodial sentence of a certain severity. In final conviction decisions, the imposed sentence must be above a certain duration. This assessment is made within the scope of the extradition provisions of Law No. 6706.

Dual Criminality Condition

One of the most important conditions in extradition is the principle of dual criminality. Accordingly, the act subject to the extradition request must constitute a crime under both the law of the requesting state and Turkish law.

For example, if an act considered a crime in a foreign country is not regulated as a crime under Turkish law, a serious legal obstacle may arise in terms of the extradition request. Therefore, in extradition files, not only the criminal classification made by foreign authorities but also the equivalent of the act under the Turkish Penal Code and relevant special laws must be examined.

When assessing dual criminality, the name of the offense is not decisive; rather, the legal nature and material elements of the act are taken into account. The use of a different offense name in the requesting country does not by itself constitute an obstacle to extradition. What matters is whether the alleged conduct is punishable under Turkish law as well.

Extraditable Offense Condition

Not every offense can be the subject of an extradition request. For extradition, the requested act must be an offense of a certain severity. Some minor acts, administrative sanctions, or matters arising solely from private law disputes may not be evaluated within the scope of extradition.

The following matters are taken into account in the assessment of an extraditable offense:

• The severity of the penalty prescribed for the offense
• The act being considered a crime in both countries
• Whether the offense has a political or military nature
• Whether the act is a private law dispute or a violation of criminal law
• The sufficiency of the documents submitted by the requesting state
• Whether the offense is time-barred

In particular, economic crimes, fraud, money laundering, drug offenses, organized crimes, homicide, sexual offenses, terrorism offenses, or other acts requiring severe penalties may frequently arise in extradition files. However, the nature of the offense and the extradition conditions must be examined separately in each file.

Can Turkish Citizens Be Extradited?

As a rule, extradition of Turkish citizens to a foreign country is not possible. According to Article 38 of the Constitution of the Republic of Turkey, except for obligations required by being a party to the International Criminal Court, a citizen cannot be surrendered to a foreign country due to an offense.

Therefore, the fact that the person whose extradition is requested is a Turkish citizen is one of the most important grounds for refusal in the extradition process. However, citizenship status must be examined concretely in each file. Dual citizenship, the date of acquisition of citizenship, the date of the offense, the date of the extradition request, and the person’s civil registry records are important in this assessment.

If it is alleged that a Turkish citizen committed an offense abroad, different legal avenues may come into question instead of extradition, such as conducting an investigation or prosecution in Turkey, mutual legal assistance, evidence sharing, or transfer of proceedings.

Cases Where the Extradition Request Will Be Refused

Law No. 6706 also regulates the cases in which an extradition request will not be accepted. If such cases exist, the court may not find the extradition request admissible.

The main cases in which an extradition request may be refused are as follows:

• The person whose extradition is requested being a Turkish citizen
• The person being at risk of punishment due to race, ethnic origin, religion, citizenship, social group, or political opinion
• Risk of torture or ill-treatment in the requesting state
• The act being an offense of thought, a political offense, or an offense connected to a political offense
• The act being of a purely military offense nature
• 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, in cases where there is a risk of the death penalty or a punishment incompatible with human dignity, the extradition request may be assessed separately if sufficient assurances are provided by the requesting state. In addition, the law states that a foreigner cannot be deported during the extradition process without obtaining the opinion of the Central Authority.

Extradition Due to Political Offense

In extradition law, the allegation of political offense is an important ground for refusal. If there is serious suspicion that a person will be punished due to political opinions, opposition identity, ethnic origin, or membership of a social group, the extradition request may not be accepted.

However, not every political allegation automatically constitutes an obstacle to extradition. The court evaluates the nature of the act subject to the request, the manner in which it was committed, the means used, the result that occurred, and the severity of the offense. Acts involving serious violence, crimes against humanity, or genocide may not be accepted within the scope of political offense.

Therefore, a political offense defense must be supported not by abstract allegations, but by concrete documents, country reports, judicial practice, the person’s background, and the risks in the requesting state.

Statute of Limitations and Amnesty Condition

If the offense subject to the extradition request is time-barred under Turkish law or the law of the requesting state, the extradition request may be refused. Likewise, if the act has been covered by amnesty, this may also constitute an obstacle to extradition.

The statute of limitations assessment must be made separately in each file. This is because the criminal limitation rules of the requesting country and the limitation periods under Turkish law may differ. In addition, acts that interrupt or suspend the limitation period must also be examined specifically for the file.

Therefore, in an extradition request, not only the date of the offense but also the arrest warrant, indictment, conviction decision, enforcement process, and the statute of limitations provisions of the requesting state must be evaluated together.

A Previous Decision Having Been Issued for the Same Act

If a previous acquittal or conviction decision has been issued in Turkey for the same act concerning the person whose extradition is requested, this is important in terms of refusing the extradition request.

This principle aims to prevent the same person from being tried or punished again for the same act. However, what matters here is whether the previous decision truly concerns the same act. Even if the name of the offense is different, if the event, victim, date, act, and legal subject are the same, this matter may be raised in the extradition defense.

Human Rights Risk and Extradition

In extradition files, not only the existence of the offense but also the treatment the person will face in the requesting state is important. If there is a risk of torture, ill-treatment, punishment incompatible with human dignity, lack of a fair trial, or discriminatory prosecution, the extradition request may be refused.

For such allegations to be effective, they must be made concrete. Prison conditions in the requesting country, access to an independent court, the right of defense, allegations of political pressure, health conditions, and the individual situation of the person must be evaluated together.

In particular, personal circumstances such as serious illness, advanced age, family ties, living in Turkey for a long time, or the situation of children may also be important in terms of the proportionality of the extradition decision.

Is a Red Notice a Condition for Extradition?

A Red Notice may be connected to the extradition process; however, it is not an extradition decision by itself. According to INTERPOL, a Red Notice is a request made to law enforcement authorities to locate a person and provisionally apprehend them for the purpose of extradition, surrender, or similar legal action. INTERPOL also explicitly states that a Red Notice is not an international arrest warrant.

Therefore, the apprehension in Turkey of a person who is subject to a Red Notice does not mean that the person will automatically be surrendered to a foreign state. In Turkey, extradition proceedings are also conducted, and the court evaluates whether the extradition conditions exist.

In files involving a Red Notice, the following matters should especially be examined:

• The arrest warrant underlying the notice
• The criminal allegation submitted by the requesting country
• The equivalent of the act under Turkish law
• Whether the extradition documents arrived within the prescribed period
• Whether provisional arrest is proportionate
• Whether there is a political offense or human rights risk
• Whether the notice complies with INTERPOL rules

Provisional Arrest and Judicial Control

During the extradition process, a provisional arrest decision may be issued against the person. However, arrest is not a measure that is applied automatically. The court must evaluate together the suspicion of flight, the nature of the alleged offense, the status of the extradition documents, fixed residence, family ties, and health condition.

Judicial control measures may also be applied instead of arrest. Within this scope, measures such as a ban on leaving the country, an obligation to report and sign at certain intervals, residence at a specific address, or security may come into question.

In extradition files, the proportionality of the arrest measure is particularly important. In this process, which directly affects the person’s liberty, it may be necessary to file an effective objection against the provisional arrest decision.

Competent Court in Extradition Proceedings

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 not known, jurisdiction is evaluated according to the relevant legal regulations.

The high criminal court examines whether the extradition request is admissible. In this examination, the court evaluates together the documents of the requesting state, the person’s defense, the nature of the offense, grounds for refusal, and fundamental rights risks.

Even if the court finds the extradition request admissible, this decision does not mean that the person will be surrendered immediately. In the extradition process, the administrative approval and surrender stage may also come into question after the judicial stage.

How Does the Extradition Process Work?

The extradition process generally consists of the following stages:

• Preparation of the extradition request by the foreign state
• Transmission of the request to Turkey through diplomatic channels or the central authority
• Preliminary examination by the Ministry of Justice
• Requesting additional information or documents if any documents are missing
• Sending the file to the competent Chief Public Prosecutor’s Office
• Conducting extradition proceedings before the high criminal court
• The court deciding whether the extradition request is admissible
• Evaluation of legal remedies against the decision
• If the acceptance decision becomes final, carrying out the administrative approval process
• Carrying out surrender procedures

According to the explanations of the Ministry of Justice, in extradition procedures, in addition to Law No. 6706, bilateral or multilateral treaties in force with the relevant states are taken into account; in cases where there is no treaty, international customary law and the principle of reciprocity are considered.

Are Deportation and Extradition the Same Thing?

Deportation and extradition 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 special judicial cooperation process in which a foreign state requests the surrender of a person for the purpose of a criminal investigation, prosecution, or enforcement of a final conviction.

While the extradition process continues, deportation of the person is subject to special rules. Law No. 6706 provides that 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.

Therefore, if there is a deportation decision, restriction code, administrative detention, or residence permit issue in extradition files, applications under foreigners law and administrative law must also be evaluated together with the extradition process.

Lawyer Support in Extradition

Extradition files directly affect personal liberty and often require swift action. Therefore, criminal law, international judicial cooperation, human rights law, and foreigners law must be evaluated together in the extradition process.

An extradition lawyer or Interpol lawyer may provide legal support on the following matters:

• Examining the conditions of the extradition request
• Evaluating Red Notice and diffusion message records
• Objecting to the provisional arrest decision
• Requesting judicial control measures
• Presenting a defense before the high criminal court
• Putting forward the reasons requiring refusal of the extradition request
• Submitting human rights and ill-treatment risks to the file
• Following deportation, restriction code, and administrative detention procedures

Early legal intervention is important in extradition files. This is because the person’s apprehension, provisional arrest, waiting for foreign state documents, and court process may develop within a short time.

Frequently Asked Questions

What is extradition?

Extradition is the legal process concerning the surrender, under certain conditions, of a person who is subject to an investigation, prosecution, or conviction in a foreign country to the requesting state.

What are the basic conditions for extradition?

A duly submitted extradition request, dual criminality, an extraditable offense, absence of a statute of limitations obstacle, the act not being of a political offense nature, absence of human rights risk, and the person not being a Turkish citizen are among the basic conditions.

Can a Turkish citizen be extradited to a foreign country?

As a rule, no. According to Article 38 of the Constitution, except for obligations required by being a party to the International Criminal Court, a citizen cannot be surrendered to a foreign country due to an offense.

Does a Red Notice mean an extradition decision?

No. A Red Notice is an international notification intended to locate the person and provisionally apprehend them within the scope of the extradition process. It is not, by itself, an international arrest warrant or an extradition decision.

In which cases is an extradition request refused?

An extradition request may be refused in cases such as Turkish citizenship, political offense, purely military offense, statute of limitations, amnesty, a previous decision for the same act, risk of torture or ill-treatment, death penalty, or possibility of a punishment incompatible with human dignity.

Can arrest occur during the extradition process?

Yes. If the conditions exist, provisional arrest may be applied. However, arrest must be proportionate, and it must be evaluated whether lighter measures such as judicial control would be sufficient.

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] Law No. 6706 on International Judicial Cooperation in Criminal Matters.
[2] Republic of Turkey Ministry of Justice, Directorate General for Foreign Relations and European Union – Legal Bases of the Extradition Procedure.
[3] Constitution of the Republic of Turkey, Article 38.
[4] INTERPOL – Red Notices.

Conditions for the Extradition of Offenders yazısı ilk önce İnterpol Avukatı üzerinde ortaya çıktı.

Extradition proceedings between the United States and Turkey are a special legal process in which it is assessed whether a person who is subject to a criminal investigation, prosecution, or final conviction will be surrendered from one country to the other. In this process, not only criminal law rules but also international judicial cooperation, human rights, foreigners law, administrative law, and treaties between states are considered together.

One of the main legal bases of the U.S.–Turkey extradition process is the Treaty on Extradition and Mutual Assistance in Criminal Matters between the Republic of Turkey and the United States of America. For Turkey, Law No. 6706 on International Judicial Cooperation in Criminal Matters, the Constitution, the Turkish Penal Code, and the Code of Criminal Procedure are also important.

An Istanbul U.S.–Turkey extradition lawyer provides support in legal processes related to Red Notices, diffusion messages, provisional arrest, objections to extradition requests, extradition proceedings before the high criminal court, examination of extradition documents received from the United States, preparation of extradition requests from Turkey to the United States, and deportation procedures.

The extradition process between the United States and Turkey does not conclude automatically merely because one state submits a request. Whether the extradition request complies with the bilateral treaty, Law No. 6706, the Constitution, fundamental rights, and judicial review is assessed separately.

What Is the U.S.–Turkey Extradition Process?

The U.S.–Turkey extradition process is the legal procedure concerning the determination of whether a person who is accused of a crime or has a final sentence in one country and is located in the other country will be surrendered to the requesting state.

This process may arise in two different ways. In the first case, the United States of America requests the extradition to the United States of a person located in Turkey. In the second case, Turkey requests the extradition to Turkey of a suspect, defendant, or convicted person located in the United States.

Because an extradition request directly affects personal liberty, it is subject to strict conditions. The nationality of the requested person, the nature of the alleged offense, whether the offense is considered a crime in both countries, statute of limitations, allegation of political offense, right to a fair trial, risk of ill-treatment, and procedural compliance of the extradition documents must be examined together.

In U.S.–Turkey extradition files, the following documents and issues are especially important:

• Extradition request
• Arrest or detention warrant
• Conviction decision or indictment
• Explanations regarding the material elements of the offense
• Classification of the offense under U.S. federal or state law
• The equivalent of the act under Turkish law
• Statute of limitations assessment
• The person’s citizenship and identity information
• Human rights and fair trial risks

Legal Bases of the U.S.–Turkey Extradition Process

The main basis of the extradition relationship between the United States and Turkey is the bilateral treaty signed on June 7, 1979. This treaty contains provisions not only on extradition but also on mutual legal assistance in criminal matters.

For extradition procedures carried out in Turkey, Law No. 6706 on International Judicial Cooperation in Criminal Matters is also fundamental legislation. This law applies to issues such as examination of the extradition request, provisional arrest, judicial control, court proceedings, refusal of the extradition request, and surrender procedures.

In addition, the Constitution, the Turkish Penal Code, and the Code of Criminal Procedure are important in the extradition process. These laws must be assessed together, especially in terms of the extradition of Turkish citizens, arrest measures, judicial control, the equivalent of the offense under Turkish law, and fundamental rights.

The main legal bases are as follows:

U.S.–Turkey Extradition Treaty
Law No. 6706 on International Judicial Cooperation in Criminal Matters
Constitution of the Republic of Turkey
Code of Criminal Procedure No. 5271
Turkish Penal Code No. 5237
International human rights conventions to which Turkey is a party

What Does a U.S.–Turkey Extradition Lawyer Do?

A U.S.–Turkey extradition lawyer evaluates the client’s legal status in extradition files between the United States of America and Turkey, examines the conditions of the extradition request, and helps prepare the defense during the high criminal court process.

In these files, the lawyer’s role is not limited to attending hearings. Whether the documents received from the United States comply with the treaty, the translations of documents, the equivalent of the offense under Turkish law, obstacles to extradition, the proportionality of the arrest measure, and human rights risks must be assessed in detail.

A U.S.–Turkey extradition lawyer provides legal support especially in the following matters:

• Examining the legal conditions of the extradition request received from the United States
• Evaluating extradition requests to be made from Turkey to the United States
• Following Red Notice and diffusion message processes
• Objecting to provisional arrest decisions
• Requesting judicial control measures
• Conducting extradition proceedings before the high criminal court
• Evaluating allegations of political offense, purely military offense, or statute of limitations
• Putting forward allegations regarding fair trial, ill-treatment, or human rights risks
• Filing applications related to deportation, restriction code, and administrative detention procedures

How Does the Extradition Process from Turkey to the United States Work?

The extradition process from Turkey to the United States begins when U.S. authorities submit an extradition request concerning a person located in Turkey. The request is generally transmitted to Turkey through diplomatic channels or central authorities. For Turkey, the central authority is the Ministry of Justice.

The request received from the United States is first examined in terms of form and legal basis. If the request is considered compliant with the treaty, Law No. 6706, and the relevant legislation, the file is sent to the competent Chief Public Prosecutor’s Office. The process then continues before the high criminal court.

The extradition process from Turkey to the United States generally consists of the following stages:

• Preparation of the extradition request by U.S. authorities
• Transmission of the request to Turkey through diplomatic channels or the central authority
• Preliminary examination by the Ministry of Justice
• Sending the file to the competent Chief Public Prosecutor’s Office
• Conducting extradition proceedings before the high criminal court
• The court deciding whether the extradition request is admissible
• Evaluation of legal remedies against the decision
• If the decision becomes final, carrying out the administrative approval process
• Organization of surrender procedures by the relevant authorities

The fact that the high criminal court finds the extradition request admissible does not mean that the person will be surrendered directly to the United States. There is also an administrative approval stage after the court decision. Therefore, extradition files to the United States have both judicial and administrative aspects.

How Does the Extradition Process from the United States to Turkey Work?

The extradition process from the United States to Turkey comes into question when it is determined that a person who is subject to an arrest warrant, detention order, or final conviction in Turkey is located in the United States of America.

In this case, Turkey may request the person’s extradition to Turkey from U.S. authorities. However, for this request to be accepted, the extradition documents must be prepared completely, clearly, and in accordance with the treaty provisions.

The extradition documents to be sent from Turkey to the United States generally include the following matters:

• Extradition request
• Arrest or detention warrant
• Copy of the judgment if there is a conviction decision
• Explanation regarding the material elements of the offense
• Applicable legal provisions
• Statute of limitations provisions
• Documents useful for identification
• Photograph, fingerprints, or similar identifying elements
• Certified translations
• In extradition files from the United States to Turkey, it is especially important that the request be prepared clearly, consistently, and with strong legal grounds. The classification of the offense must be determined correctly, the act must be capable of being evaluated as an extraditable offense under U.S. law, and sufficient explanation must be provided regarding the statute of limitations.

In criminal files arising from economic crimes, company transactions, fraud, money laundering, or commercial relations, the commercial and financial aspects of the incident must also be examined. Therefore, in some files, commercial law and financial document review may also become important alongside the criminal law assessment.

What Are the U.S.–Turkey Extradition Conditions?

One of the fundamental conditions in the extradition process between the United States and Turkey is that the act subject to the extradition request must constitute a crime under the laws of both countries. In practice, this principle is referred to as dual criminality.

In other words, in a file where the United States requests extradition from Turkey, it is not sufficient for the alleged act to be a crime only under U.S. law. The act must also have a criminal equivalent under Turkish law. Likewise, in cases where Turkey requests extradition from the United States, it is important that the act can be evaluated as an extraditable offense under U.S. law.

The main conditions in the U.S.–Turkey extradition process are as follows:

• Existence of a duly submitted extradition request
• The act constituting a crime under the laws of both countries
• The offense being extraditable
• Absence of a statute of limitations or amnesty obstacle
• The request not being of a political offense nature
• The request not falling within the scope of a purely military offense
• Absence of a final judgment for the same act
• Absence of serious risk regarding the person’s fundamental rights
• The extradition documents being prepared in accordance with the treaty and the law

The existence of these conditions must be examined in each file according to the specific circumstances of the concrete case. Even for the same type of offense, different outcomes may arise due to different evidentiary status, statute of limitations, citizenship, or human rights risks.

In Which Cases Can a U.S. Extradition Request Be Refused?

In extradition requests between the United States and Turkey, grounds for refusal are assessed within the scope of both the bilateral treaty and Law No. 6706. While examining whether the extradition request is admissible, the court is not limited only to the statements of the requesting country; it also investigates whether grounds for refusal exist.

The main situations that may lead to refusal of an extradition request are as follows:

• The request being made due to a political offense
• The request aiming to punish the person because of political opinions
• The act being of a purely military offense nature
• The offense being time-barred
• A previous final decision existing for the same act
• The act falling within the scope of amnesty
• The person being under serious risk regarding the right to a fair trial
• Risk of torture or ill-treatment
• The extradition documents being incomplete, contradictory, or procedurally defective
• The request being incompatible with fundamental rights and freedoms

In U.S. extradition requests, the nature of the threatened penalty, the state or federal court where the trial will be held, the person’s immigration status, health condition, political statements, and previous trial history should also be assessed separately.

Red Notice and the U.S.–Turkey Extradition Process

An INTERPOL Red Notice process may also come into question for persons wanted by the United States or Turkey. A Red Notice is an international notification used to locate a person and provisionally apprehend them within the scope of the extradition process.

However, a Red Notice alone is not an international arrest warrant. Each country attaches consequences to a Red Notice according to its own domestic law. Therefore, the apprehension in Turkey of a person who is subject to a Red Notice does not mean that the person will be directly extradited to the United States.

If a person with a Red Notice record is apprehended in Turkey, the process generally proceeds through the following stages:

• The person is apprehended by law enforcement units
• Evaluation of provisional arrest or judicial control measures
• Waiting for extradition documents
• Conducting extradition proceedings before the high criminal court
• Examining extradition conditions and grounds for refusal
• Evaluation of legal remedies against the decision

In files involving a Red Notice or diffusion message, the following matters should also be examined:

• The court decision or arrest warrant underlying the notice
• The nature of the alleged offense
• Whether the offense has a political or military nature
• The equivalent of the act under Turkish law
• Whether the extradition documents arrived within the prescribed period
• Whether provisional arrest is proportionate
• Whether judicial control measures would be sufficient

What Is a Diffusion Message?

A diffusion message is a search notification used similarly to a Red Notice but capable of being sent to certain countries more quickly. Since the Red Notice process may take time, in some cases country Interpol units may directly send diffusion messages.

A diffusion message also does not mean that the person will be automatically extradited. If the person is apprehended in Turkey, provisional arrest, judicial control, waiting for extradition documents, and extradition proceedings before the high criminal court may come into question.

Therefore, swift legal intervention is important in files involving a diffusion message or Red Notice. The file must be examined immediately, especially against the possibility that the person’s liberty may be restricted, that they may face a risk of deportation, or that the extradition process may begin.

Provisional Arrest and Judicial Control

In the U.S.–Turkey extradition process, provisional arrest or judicial control measures may be applied against the requested person. Provisional arrest may come into question under certain conditions even before the extradition documents are completed.

However, since provisional arrest is a severe interference with personal liberty, this measure must comply with legal conditions and be proportionate. The court must take into account matters such as the person’s suspicion of flight, fixed residence, family ties, health condition, the nature of the file, and the status of the extradition documents.

Judicial control measures may also be applied instead of arrest. Within this scope, the following measures may come into question:

Ban on leaving the country
Obligation to report and sign at certain intervals
Residence at a specific address
Deposit of security
Other control obligations to be determined by the court

In extradition files, it is important to file an effective objection against arrest decisions. Especially where the extradition documents are incomplete, the person’s suspicion of flight is not concrete, or judicial control may be sufficient, alternative measures to arrest may be requested.

Extradition Proceedings Before the High Criminal Court

In Turkey, proceedings concerning extradition requests are conducted by the high criminal court. The court examines whether the extradition request received from the United States is admissible.

In this examination, the U.S.–Turkey Extradition Treaty, Law No. 6706, constitutional provisions, and fundamental rights principles are considered together. The court evaluates the documents submitted by the requesting state, the person’s defense, the nature of the offense, grounds for refusal, and protective measures.

The following questions are important in extradition proceedings before the high criminal court:

• Was the extradition request made by the competent authority?
• Are the extradition documents compliant with the treaty?
• Is the alleged act also a crime under Turkish law?
• Is the offense extraditable?
• Is there an allegation of political offense or purely military offense?
• Is there a statute of limitations or amnesty obstacle?
• Has a previous decision been issued for the same act?
• Is the person a Turkish citizen?
• Is there a risk of lack of fair trial or ill-treatment?
• Is the arrest measure proportionate?

If the court deems it necessary, it may request additional information and documents from the requesting state. In files containing incomplete or contradictory documents, this issue is important for the defense.

Can Turkish Citizens Be Extradited to the United States?

As a rule, extradition of Turkish citizens to a foreign country is not possible. Pursuant to Article 38 of the Constitution of the Republic of Turkey, except for obligations required by being a party to the International Criminal Court, a citizen cannot be surrendered to a foreign country due to an offense.

Therefore, as a rule, Turkish citizens cannot be extradited to the United States. However, citizenship status must be carefully examined in light of the specific circumstances of the file. In particular, issues such as dual citizenship, the date of acquisition of citizenship, the date of the offense, and the date of the extradition request may be important.

If it is alleged that a Turkish citizen committed an offense in the United States, different legal mechanisms may come into question instead of extradition, such as conducting an investigation or prosecution in Turkey, mutual legal assistance, evidence sharing, or transfer of proceedings.

Can U.S. Citizens Be Extradited to Turkey?

For the extradition of U.S. citizens to Turkey, U.S. domestic law, the U.S.–Turkey Extradition Treaty, and the assessment of U.S. authorities are important. The treaty provisions contain arrangements stating that the parties are not obliged to extradite their own citizens.

Nevertheless, the competent U.S. authorities may have discretion regarding the extradition of their own citizens. Therefore, the extradition of U.S. citizens to Turkey is assessed in each file according to the concrete circumstances.

In files where Turkey requests extradition from the United States, it is of great importance that the extradition documents be prepared strongly, clearly, and in accordance with the treaty provisions. The elements of the offense, evidence, statute of limitations, applicable legal provisions, and court decisions must be submitted completely.

Documents and Translation in U.S.–Turkey Extradition Files

In extradition requests between the United States and Turkey, the content of the documents, their translation, and procedural compliance are among the most important points of the process. Incomplete, incorrect, or contradictory translations may cause serious problems in the extradition process.

Extradition files generally include the following documents:

• Extradition request
• Arrest warrant
• Detention order
• Conviction decision
• Indictment or documents showing the criminal accusation
• Explanation regarding the material elements of the incident
• Legal texts showing the statutory basis of the offense
• Explanations regarding statute of limitations provisions
• Identity and citizenship information
• Identification documents such as photographs and fingerprints
• Certified translations

It is not sufficient for the documents merely to have been translated. Whether the content complies with the treaty, Law No. 6706, and extradition conditions must also be assessed separately.

The Difference Between Deportation and the Extradition Process

Deportation and extradition 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 the process of surrendering a person to the requesting state for the purpose of a criminal investigation, prosecution, or enforcement of a final conviction.

In U.S.–Turkey extradition files, there may also be a deportation decision, restriction code, administrative detention, or residence permit issue concerning the same person. In such cases, applications under administrative law and foreigners law become important together with the extradition process.

Deportation cannot replace the extradition process. The situation of a person who is subject to an extradition request to the United States must be assessed within the framework of the court and central authority process. Circumventing the extradition process through deportation may lead to legal debates in terms of fundamental rights.

How Long Does the U.S.–Turkey Extradition Process Take?

The duration of the U.S.–Turkey extradition process differs in each file. Therefore, it is not possible to give a definite period applicable to all files.

The main factors affecting the duration are as follows:

• Whether there is a Red Notice or diffusion message
• Whether the person is under arrest
• Whether the documents received from the United States are complete
• Translation and document certification processes
• The trial process before the high criminal court
• Whether additional information or documents are requested
• Whether legal remedies are pursued against the decision
• Administrative approval process
• Existence of human rights or political offense allegations

While some files may be concluded in a shorter time, in other files the process may be prolonged due to missing documents, requests for additional information, human rights objections, or political offense allegations.

U.S.–Turkey Extradition Lawyer Fee

The fee of a U.S.–Turkey extradition lawyer varies depending on the scope of the file and the nature of the legal process. Therefore, it is not correct to determine a fixed fee for all files.

The following matters are generally taken into account in fee assessment:

• Whether the file concerns extradition from the United States to Turkey or from Turkey to the United States
• Whether the person is under arrest
• Whether there is a Red Notice or diffusion message
• The scope of the extradition documents
• Whether examination of documents in a foreign language is required
• The need for translation and international correspondence
• The existence of additional processes such as deportation, administrative detention, or restriction code
• The scope of court proceedings and legal remedies
• The urgency of the file

When determining attorney fees, the Attorney Minimum Fee Tariff of the Union of Turkish Bar Associations is also taken into account. However, since extradition and Interpol files require special examination, the fee should be determined based on the concrete file.

What Should Be Considered When Choosing an Istanbul U.S.–Turkey Extradition Lawyer?

Extradition files between the United States and Turkey directly affect personal liberty and often require swift legal intervention. Therefore, general criminal law knowledge alone may not be sufficient when choosing a lawyer.

The following criteria may be taken into account when choosing an Istanbul U.S.–Turkey extradition lawyer:

• Experience in criminal law and high criminal court proceedings
• Knowledge of the U.S.–Turkey Extradition Treaty
• Experience with Law No. 6706 and international judicial cooperation
• Command of Red Notice and diffusion message processes
• Ability to examine foreign country documents and translations
• Ability to file effective applications against arrest and judicial control decisions
• Ability to assess human rights risks on a legal basis
• Ability to follow deportation and administrative detention procedures together
• Ability to provide the client with regular and clear information about the process

Instead of absolute expressions such as “the best U.S.–Turkey extradition lawyer,” it would be more accurate to work with a lawyer who is suitable for the needs of the concrete file and experienced in international extradition law and criminal proceedings.

Contact for Legal Support

The U.S.–Turkey extradition process is a process that must be conducted carefully in terms of Red Notices, diffusion messages, provisional arrest, extradition proceedings before the high criminal court, extradition requests received from the United States, preparation of extradition requests from Turkey to the United States, and deportation procedures.

You may contact our law office to receive support from an Istanbul U.S.–Turkey extradition lawyer, evaluate the legal conditions of the extradition request, file applications against arrest measures, and examine the file from a human rights perspective.

Frequently Asked Questions

What is the U.S.–Turkey extradition process?

The U.S.–Turkey extradition process is the legal process in which it is assessed whether a person who is subject to an investigation, prosecution, or conviction in one country and is located in the other country will be surrendered to the requesting state.

Does extradition from Turkey to the United States take place automatically?

No. The United States submitting an extradition request is not sufficient on its own for extradition. The request is examined in Turkey through the Ministry of Justice and the competent high criminal court process.

Can a Turkish citizen be extradited to the United States?

As a rule, no. According to the Constitution, except for obligations relating to the International Criminal Court, a Turkish citizen cannot be surrendered to a foreign country due to an offense.

Can a U.S. citizen be extradited to Turkey?

The extradition of U.S. citizens to Turkey depends on U.S. domestic law, the U.S.–Turkey Extradition Treaty, and the assessment of U.S. authorities. Each file is examined according to its concrete circumstances.

Does a Red Notice mean extradition to the United States?

No. A Red Notice is an international notification used to locate the person and provisionally apprehend them within the scope of the extradition process. It is not an extradition decision by itself.

In which cases can a U.S. extradition request be refused?

A U.S. extradition request may be refused for reasons such as political offense, purely military offense, statute of limitations, final judgment, amnesty, fair trial risk, danger of ill-treatment, or missing documents.

Which court is competent in the U.S.–Turkey extradition process?

In Turkey, the high criminal court of the place where the person is located is competent to decide on the extradition request. If the place where the person is located is not known, jurisdiction is determined according to the relevant legal regulations.

Can arrest occur in the U.S.–Turkey extradition process?

Yes. If the conditions are met, a provisional arrest decision may be issued. However, arrest must be proportionate, and it must be assessed whether lighter measures such as judicial control would be sufficient.

Is the U.S.–Turkey extradition lawyer fee fixed?

No. The fee varies according to the scope of the file, whether the person is under arrest, the Red Notice record, foreign country documents, translation needs, and the legal procedures to be followed.

References

[1] Treaty on Extradition and Mutual Assistance in Criminal Matters between the Republic of Turkey and the United States of America
https://diabgm.adalet.gov.tr/arsiv/sozlesmeler/ikitaraflisoz/ceza/abd.pdf

[2] Law No. 2312 on the Approval of the Ratification of the Treaty on Extradition and Mutual Assistance in Criminal Matters between the Republic of Turkey and the United States of America
https://www5.tbmm.gov.tr/tutanaklar/KANUNLAR_KARARLAR/kanuntbmmc064/kanunmgkc064/kanunmgkc06402312.pdf

[3] Law No. 6706 on International Judicial Cooperation in Criminal Matters
https://www5.tbmm.gov.tr/tutanaklar/KANUNLAR_KARARLAR/kanuntbmmc100/kanuntbmmc100/kanuntbmmc10006706.pdf

[4] Republic of Turkey Ministry of Justice, Directorate General for Foreign Relations and European Union – General Information on Extradition
https://diabgm.adalet.gov.tr/Home/SayfaDetay/suclularin-iadesi-genel-bilgiler18022020011743

[5] Constitution of the Republic of Turkey
https://www.anayasa.gov.tr/tr/mevzuat/anayasa/

[6] Code of Criminal Procedure No. 5271
https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5271.pdf

[7] Turkish Penal Code No. 5237
https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5237.pdf

[8] INTERPOL – About Red Notices
https://www.interpol.int/en/How-we-work/Notices/Red-Notices

[9] Union of Turkish Bar Associations – Announcement of the 2025–2026 Attorney Minimum Fee Tariff
https://www.barobirlik.org.tr/Haberler/2025-2026-tbb-avukatlik-asgari-ucret-tarifesi-aaut-resmi-gazetede-yayimlanmistir-86023

U.S. Extradition Attorney for Turkey and the Extradition Process yazısı ilk önce İnterpol Avukatı üzerinde ortaya çıktı.

International extradition law is a special field of law concerning the surrender of a person to the requesting state for the purpose of trial due to an alleged offense committed in another country or for the enforcement of a final sentence. In Turkey, extradition is evaluated within the scope of Law No. 6706 on International Judicial Cooperation in Criminal Matters, the international treaties to which Turkey is a party, and the provisions of the Constitution.

An Interpol lawyer or international extradition lawyer is a lawyer who provides legal support on matters such as Red Notices, diffusion messages, provisional arrest, extradition proceedings, objections to extradition requests, deportation procedures, and proceedings before the high criminal court. These files must be examined in detail not only from the perspective of criminal law, but also in terms of human rights law, foreigners law, administrative law, and international judicial cooperation provisions.

The extradition process is not a procedure that concludes automatically when a foreign state submits a request. The court evaluates together the person’s citizenship, the nature of the alleged offense, statute of limitations, political offense claim, human rights risks, and the treaties to which Turkey is a party.

What Does an Interpol Lawyer Do?

An Interpol lawyer follows the legal process of persons who are subject to a Red Notice, diffusion message, or foreign-state-based arrest request. In these processes, the lawyer’s duty is not limited to attending court hearings. The basis of the arrest warrant, the content of the extradition request, the conditions for provisional arrest, human rights risks, and the legal safeguards of the requesting state must be evaluated together.

In Istanbul, Interpol lawyer support is particularly important in files connected with Istanbul Airport, border gates, high criminal courts, immigration administration procedures, and foreign state authorities. It is possible for a person to be apprehended in Turkey, provisionally arrested, placed under judicial control, or face the risk of deportation.

Within this scope, an Interpol lawyer may provide support on the following matters:

Examining the legal conditions of the extradition request
Evaluating Red Notice and diffusion message records
Objecting to a provisional arrest decision
Requesting judicial control measures
Following extradition proceedings before the high criminal court
Putting forward the reasons requiring refusal of the extradition request
Evaluating risks of torture, ill-treatment, or lack of a fair trial
Filing applications against deportation, restriction code, and administrative detention procedures

What Is International Extradition Law?

International extradition law regulates the rules concerning the surrender of a person who is subject to a criminal investigation, prosecution, or final conviction to the requesting state. In Turkish law, the institution of extradition is regulated in detail between Articles 10 and 22 of Law No. 6706.

The extradition process may arise in two different ways. In the first case, a foreign state requests that a person located in Turkey be surrendered to it. In the second case, Turkey requests the extradition to Turkey of a suspect, defendant, or convicted person located abroad.

In files involving a Red Notice or diffusion message, apprehension, provisional arrest, and the extradition request are evaluated together. If the person accepts the consent-based extradition procedure, the process may proceed under a different procedure.

In Which Situations Does Extradition Come Into Question?

Extradition comes into question for the purpose of surrendering, upon request, a person against whom judicial proceedings are being conducted due to an offense alleged to have been committed in a foreign country to the relevant state.

According to Law No. 6706, for an extradition request at the investigation or prosecution stage to be accepted, the act must constitute an offense under both the law of the requesting country and Turkish law. In addition, the upper limit of the offense must require a custodial sentence of one year or more. In final conviction decisions, the imposed sentence must be at least four months of custodial imprisonment.

However, it is not sufficient for the foreign state merely to submit a request. The court also separately evaluates matters such as dual criminality, statute of limitations, citizenship, political offense claim, human rights risk, and whether a decision has previously been issued for the same act.

How Does the Extradition Process from Turkey to a Foreign State Work?

The extradition process from Turkey to a foreign state begins when the foreign state transmits the extradition request to Turkey. The request is first examined by the Central Authority. If there is a deficiency in the request, additional information or documents may be requested. Requests that meet the necessary conditions are sent to the competent Chief Public Prosecutor’s Office.

The extradition process generally consists of the following stages:

The foreign state prepares the extradition request
The request is examined in Turkey by the Central Authority
Additional information and documents are requested if necessary
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

The fact that the high criminal court finds the extradition request admissible does not mean that the person will be extradited immediately. The execution of the decision depends on obtaining the opinions of the Ministries of Foreign Affairs and Interior, the proposal of the Minister of Justice, and the approval of the President. Therefore, the extradition process is a mixed process with both judicial and administrative aspects.

In Which Cases Can an Extradition Request Be Refused?

The cases in which an extradition request may be refused or must be refused are regulated under Law No. 6706. The specific circumstances of the concrete case must be examined separately in each file.

The main situations that may lead to the non-acceptance of an extradition request are as follows:

The person whose extradition is requested being a Turkish citizen
The act having the nature of a political offense or an offense connected to a political offense
The act falling within the scope of a purely military offense
The person being at risk of punishment due to race, religion, ethnic origin, citizenship, social group, or political opinion
Risk of torture or ill-treatment in the requesting country
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 requiring the death penalty or a punishment incompatible with human dignity

In files involving the risk of the death penalty or punishment incompatible with human dignity, whether the requesting state has provided sufficient assurances is also examined. However, such assurances must not be abstract; they must be concrete, verifiable, and capable of protecting the person’s fundamental rights.

What Is a Red Notice?

A Red Notice is a notification issued by Interpol for the purpose of locating persons wanted by the judicial authorities of a country and provisionally apprehending them within the scope of the extradition process. A Red Notice may generally include the person’s identity information, information regarding the alleged offense, photograph, fingerprint, and judicial data relating to the arrest warrant.

However, a Red Notice alone is not an international arrest warrant. An Interpol Red Notice is in the nature of a request for search and provisional apprehension made to the law enforcement authorities of member countries. Each country attaches consequences to a Red Notice according to its own domestic law.

Therefore, the apprehension in Turkey of a person who is subject to a Red Notice does not mean that the person will be directly extradited. For extradition, court proceedings must also be conducted within the scope of Law No. 6706 and the relevant international treaties.

What Is a Diffusion Message?

A diffusion message is a search notification used similarly to a Red Notice but capable of being sent more quickly to the relevant countries. Since issuing a Red Notice may take time, in some cases country Interpol units may send a diffusion message in order to prevent delay.

A diffusion message also does not mean that the person will be automatically extradited. If the person is apprehended, provisional arrest, judicial control, waiting for extradition documents, and extradition proceedings before the high criminal court come into question.

In such files, swift legal intervention is important. This is because the person’s liberty may be restricted, the person may face the risk of deportation, or the process of surrender to foreign state authorities may begin.

Provisional Arrest and Judicial Control

In the extradition process, if there is strong suspicion that an offense that may be subject to an extradition request has been committed, the person may be provisionally arrested. Provisional arrest may also be applied under certain conditions before the extradition request reaches Turkey.

According to Law No. 6706, within the framework of the principle of reciprocity, a person may remain provisionally arrested for a maximum of forty days. In addition, the court may also decide on judicial control measures under Article 109 of the Code of Criminal Procedure in a manner that prevents the person from fleeing.

In the extradition process, the detention measure must be proportionate. The court must review the detention status at certain intervals and evaluate lighter measures such as judicial control when the necessary conditions are not met.

Extradition Proceedings Before the High Criminal Court

The high criminal court of the place where the person is located is competent to decide on extradition requests. If the person’s location cannot be determined, the Ankara high criminal court is deemed competent.

The Chief Public Prosecutor’s Office applies to the high criminal court for a decision on the extradition request. The court examines the documents sent by the requesting state and the extradition conditions set out in Law No. 6706. If the person does not accept the consent-based extradition procedure, the court decides whether the extradition request is admissible.

The following matters are especially important in extradition proceedings:

Whether the requesting country’s documents are procedurally compliant
The content of the arrest or conviction decision
Whether the act also constitutes an offense under Turkish law
Whether the extradition conditions have been met
Whether there are reasons requiring refusal of the extradition request
Whether the person’s fundamental rights will be protected in the requesting country
Whether the arrest or judicial control measure is proportionate

If the court deems it necessary, it may request additional information and documents from the requesting state.

Can a Turkish Citizen Be Extradited to a Foreign Country?

As a rule, extradition of Turkish citizens to a foreign country is not possible. According to Article 38 of the Constitution, except for obligations required by being a party to the International Criminal Court, a citizen cannot be surrendered to a foreign country due to an offense.

Law No. 6706 also lists the fact that the person whose extradition is requested is a Turkish citizen among the cases in which the extradition request will not be accepted.

However, citizenship status, dual citizenship, the date of acquisition of citizenship, the date of the offense, and the date of the request must be evaluated according to the specific circumstances of the concrete case. In cases where Turkish citizens are alleged to have committed offenses abroad, different legal avenues such as conducting an investigation or prosecution in Turkey, mutual legal assistance, or transfer of proceedings may come into question instead of extradition.

Are Deportation and Extradition the Same Thing?

Deportation and extradition 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 special judicial cooperation process requested by a foreign 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 while the extradition process is ongoing without obtaining the opinion of the Central Authority. In addition, deportation to the state whose extradition request has been refused cannot be carried out without obtaining the opinion of the Central Authority.

Therefore, in extradition files, there may simultaneously be a deportation decision, restriction code, administrative detention, residence permit issue, or deportation case. In such situations, criminal law, foreigners law, and administrative law must be evaluated together.

Turkey Requesting Extradition from a Foreign State

Turkey may also request the extradition of suspects, defendants, or convicted persons who are subject to an arrest warrant or detention order and who are determined to be abroad.

In this case, the extradition request, arrest warrant, relevant legal provisions, civil registry extract, physical description information, photograph, fingerprint, and other necessary documents are prepared. The prepared extradition documents are checked by the relevant authorities and sent to the authorities of the foreign country.

In this process, it is important to correctly determine the legal classification of the offense, carry out the statute of limitations assessment, examine bilateral or multilateral treaties between the requested country and Turkey, and prepare the extradition documents completely.

Interpol Lawyer Fee

The fee of an Interpol lawyer or international extradition lawyer varies according to the characteristics of each file. Therefore, it is not correct to determine a fixed fee applicable to all files.

The following matters are generally taken into account in fee assessment:

The stage of the extradition proceedings file
Whether the person is under arrest
Whether there is a Red Notice or diffusion record
The scope of the foreign country documents
Whether translation and foreign law examination are required
Whether there are additional processes such as deportation, restriction code, or administrative detention
The number of authorities to which applications will be made and the urgency of the process

When determining attorney fees, the Attorney Minimum Fee Tariff of the Union of Turkish Bar Associations is also taken into account. However, since extradition and Interpol files often require special examination, pricing must be determined based on the concrete file.

What Should Be Considered When Choosing an Interpol Lawyer?

Extradition and Red Notice files directly affect the person’s liberty and require swift action. Therefore, when choosing a lawyer, not only general criminal law knowledge but also experience in international extradition law and foreigners law is important.

The following criteria may be considered when choosing an Interpol lawyer:

Experience in criminal law and high criminal court proceedings
Command of Red Notice and diffusion message processes
Up-to-date knowledge of Law No. 6706 and international treaties
Ability to evaluate extradition requests and foreign country documents
Ability to file effective applications against arrest and judicial control decisions
Ability to put forward human rights risks on a legal basis
Ability to follow related procedures such as deportation, administrative detention, and restriction codes
Ability to inform the client clearly and regularly about the process

Instead of absolute expressions such as “the best Interpol lawyer,” it would be healthier to work with a lawyer who is suitable for the needs of the concrete file and experienced in international extradition and criminal proceedings.

Contact for Legal Support

Red Notices, diffusion messages, provisional arrest, extradition proceedings, deportation procedures, and extradition requests from foreign states may have serious consequences in terms of personal liberty.

You may contact our law office to receive Interpol lawyer support, evaluate the legal conditions of the extradition request, file applications against arrest decisions, and examine the file from a human rights perspective.

Frequently Asked Questions

What is an Interpol lawyer?

An Interpol lawyer is a lawyer who provides support in legal processes connected with Red Notices, diffusion messages, international arrest, provisional arrest, extradition proceedings, and deportation procedures.

Is a Red Notice a direct arrest warrant?

A Red Notice alone is not an international arrest warrant. It is a notification used to locate the person and provisionally apprehend them within the scope of the extradition process.

Is a person with a Red Notice immediately extradited in Turkey?

No. The existence of a Red Notice does not mean that the person will automatically be extradited. Extradition proceedings are also conducted in Turkey, and the high criminal court evaluates the extradition conditions.

Can a Turkish citizen be extradited to a foreign country?

As a rule, a Turkish citizen cannot be extradited to a foreign country due to an offense. The Constitution and Law No. 6706 contain clear provisions on this matter.

Which court is competent in extradition proceedings?

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 not known, the Ankara high criminal court is competent.

Can an arrest decision be issued during the extradition process?

Yes. If the conditions exist, a provisional arrest decision may be issued. However, the arrest measure must be proportionate and applied in accordance with the legal conditions.

If the extradition request is refused, can the person be deported?

If the extradition process is ongoing or if deportation is to be carried out to the country whose extradition request has been refused, the opinion of the Central Authority must be obtained. The extradition process should not be circumvented through deportation.

Is the Interpol lawyer fee fixed?

No. The fee varies according to the scope of the file, whether the person is under arrest, the Red Notice record, foreign country documents, and the legal procedures to be followed.

References

[1] Law No. 6706 on International Judicial Cooperation in Criminal Matters
https://www.resmigazete.gov.tr/eskiler/2016/05/20160505-20.htm

[2] Republic of Turkey Ministry of Justice, Directorate General for Foreign Relations and European Union – Legal Bases of the Extradition Procedure
https://diabgm.adalet.gov.tr/Home/SayfaDetay/iade-islemininin-hukuki-dayanaklari18022020012050

[3] Constitution of the Republic of Turkey
https://www.anayasa.gov.tr/tr/mevzuat/anayasa/

[4] Republic of Turkey Ministry of Justice – Red Notice, Diffusion Message and Blue Notice
https://diabgm.adalet.gov.tr/Home/SayfaDetay/yabanci-ulkelerden-gelen-iade-talepleri18022020012932

[5] INTERPOL – About Red Notices
https://www.interpol.int/en/How-we-work/Notices/Red-Notices

[6] Code of Criminal Procedure No. 5271
https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5271.pdf

[7] Republic of Turkey Ministry of Justice – Checklists for Extradition Documents and Red Notice Requests
https://diabgm.adalet.gov.tr/Home/SayfaDetay/amerika-birlesik-devletleri-ile-aramizdaki-suclu-iadesi-islemlerine-iliskin-usul18022020013140

[8] Republic of Turkey Ministry of Justice – Extradition and Transfer of Sentenced Persons Bureau
https://diabgm.adalet.gov.tr/Home/SayfaDetay/suclularin-iadesi-ve-hukumlu-nakli-burosu

[9] Union of Turkish Bar Associations – Attorney Minimum Fee Tariff Announcement 2025–2026
https://www.barobirlik.org.tr/Haberler/2025-2026-tbb-avukatlik-asgari-ucret-tarifesi-aaut-resmi-gazetede-yayimlanmistir-86023

Interpol Attorney and International Extradition Law yazısı ilk önce İnterpol Avukatı üzerinde ortaya çıktı.