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Interpol Attorney and International Extradition Law

Interpol Attorney and International Extradition Law

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

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Interpol süreçlerinde uzmanlaşmış bir hukuk bürosu olarak, müvekkillerimize uluslararası düzeyde etkin ve güvenilir hukuki destek sunuyoruz. Kırmızı bülten başta olmak üzere Interpol bildirimleri, sınır ötesi iade talepleri, uluslararası yakalama emirleri ve ceza soruşturmaları alanlarında derinlemesine deneyime sahibiz.

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