<\/span><\/h2>\nA 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.<\/p>\n
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\u2019s location is determined, and, if available, photograph and fingerprint information.<\/p>\n
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.<\/p>\n
<\/span>Does Arrest Always Occur Due to a Red Notice?<\/span><\/h2>\nNo. 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.<\/p>\n
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.<\/p>\n
Therefore, the following questions are important in a Red Notice file:<\/p>\n
\n- Is there a valid arrest warrant underlying the Red Notice?<\/li>\n
- Is the alleged act also considered a crime under Turkish law?<\/li>\n
- Has the requesting state sent the extradition documents within the prescribed period?<\/li>\n
- Is the suspicion of flight concrete?<\/li>\n
- Could judicial control be sufficient instead of arrest?<\/li>\n
- Is there a political offense or human rights risk?<\/li>\n
- Is the person a Turkish citizen?<\/li>\n<\/ul>\n
<\/span>What Is Provisional Arrest?<\/span><\/h2>\nProvisional arrest is a temporary protective measure applied to prevent the person from fleeing before the extradition documents reach Turkey, due to a foreign state\u2019s extradition request or a Red Notice record.<\/p>\n
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.<\/p>\n
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.<\/p>\n
<\/span>How Does the Process Work After a Red Notice?<\/span><\/h2>\nFor 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\u2019s legal status affect the direction of the process.<\/p>\n
In general, the process proceeds as follows:<\/p>\n
\n- The person is apprehended due to a Red Notice or diffusion message.<\/li>\n
- The apprehension is notified to the relevant judicial authorities.<\/li>\n
- The person is brought before the criminal judgeship of peace.<\/li>\n
- Provisional arrest or judicial control is evaluated.<\/li>\n
- The extradition documents are awaited from the requesting state.<\/li>\n
- If the extradition documents arrive, the file is referred to the high criminal court.<\/li>\n
- The high criminal court examines whether the extradition request is admissible.<\/li>\n
- Legal remedies against the decision are evaluated.<\/li>\n
- If the acceptance decision becomes final, the administrative approval and surrender process comes into question.<\/li>\n<\/ul>\n
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\u2019s provisional arrest and then request the requesting state to submit the extradition request.<\/p>\n
<\/span>Arrest Due to a Diffusion Message<\/span><\/h2>\nA 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\u2019s Interpol unit to the Interpol units of other countries in order to prevent delay.<\/p>\n
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.<\/p>\n
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.<\/p>\n
<\/span>Is Judicial Control Possible?<\/span><\/h2>\nYes. 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.<\/p>\n
The following measures may come into question within the scope of judicial control:<\/p>\n
\n- Ban on leaving the country<\/li>\n
- Obligation to report and sign at certain intervals<\/li>\n
- Residence at a specific address<\/li>\n
- Reporting to places determined by the court<\/li>\n
- Deposit of security<\/li>\n
- Seizure of the passport or restriction of travel documents<\/li>\n<\/ul>\n
In a request for judicial control, the person\u2019s 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.<\/p>\n
<\/span>Can an Arrest Decision Be Objected To?<\/span><\/h2>\nAn 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.<\/p>\n
The following points may especially be raised in an objection:<\/p>\n
\n- A Red Notice alone is not sufficient for arrest<\/li>\n
- The extradition documents have not yet been sent<\/li>\n
- The alleged act does not constitute a crime under Turkish law<\/li>\n
- The person\u2019s suspicion of flight is not concrete<\/li>\n
- Judicial control measures would be sufficient<\/li>\n
- Arrest is disproportionate due to the person\u2019s health condition or family ties<\/li>\n
- There is a political offense or human rights risk<\/li>\n
- The requesting state\u2019s documents are incomplete or contradictory<\/li>\n<\/ul>\n
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.<\/p>\n
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