International extradition law is a specialized field of law concerning the surrender of a person to the requesting state for prosecution due to an alleged offense committed in another country, or for the enforcement of a finalized sentence. In Turkey, the extradition of criminals is evaluated under Law No. 6706 on International Judicial Cooperation in Criminal Matters, the international conventions to which Turkey is a party, and constitutional provisions.
An Interpol lawyer or international extradition lawyer is an attorney who provides legal support on matters such as red notices, diffusion messages, provisional detention, extradition proceedings, contesting extradition requests, deportation procedures, and heavy criminal court processes. These cases must be examined in detail not only from a criminal law perspective, but also in terms of human rights law, aliens law, administrative law, and international judicial cooperation provisions.
The extradition process does not automatically conclude simply because a foreign state has submitted a request. The court evaluates the person’s citizenship, the nature of the alleged offense, statute of limitations, claims of political offense, human rights risks, and the conventions to which Turkey is a party.
What Does an Interpol Lawyer Do?
An Interpol lawyer handles the legal process for individuals subject to a red notice, diffusion message, or arrest request originating from a foreign country. In these proceedings, the lawyer’s role is not limited to attending court hearings. The basis of the arrest warrant, the content of the extradition request, conditions of provisional detention, human rights risks, and the legal guarantees of the requesting country must all be assessed together.
Interpol lawyer support in Istanbul is particularly important in cases involving Istanbul Airport, border crossings, heavy criminal courts, immigration administration procedures, and files connected to foreign authorities. A person may be arrested in Turkey, provisionally detained, placed under judicial supervision, or face the risk of deportation.
In this context, an Interpol lawyer can provide support on the following matters:
- Examining the legal conditions of the extradition request
- Evaluating red notice and diffusion message records
- Contesting provisional detention orders
- Requesting judicial supervision measures
- Following extradition proceedings before the heavy criminal court
- Establishing grounds requiring rejection of the extradition request
- Assessing risks of torture, ill-treatment, or denial of fair trial
- Filing applications against deportation, travel bans, and administrative detention proceedings
What Is International Extradition Law?
International extradition law governs the rules relating to the surrender of a person who is subject to a criminal investigation, prosecution, or a finalized conviction to the requesting state. In Turkish law, the institution of extradition is regulated in detail under Articles 10 through 22 of Law No. 6706.
Extradition proceedings may arise in two different ways. In the first scenario, a foreign state requests the surrender of a person located in Turkey. In the second, Turkey requests the extradition to Turkey of a suspect, defendant, or convict located abroad.
In cases involving a red notice or diffusion message, arrest, provisional detention, and the extradition request are all evaluated together. If the person accepts the voluntary extradition procedure, the process may proceed under a different procedure.
In What Circumstances Does Criminal Extradition Arise?
Criminal extradition arises for the purpose of surrendering, upon request, a person against whom judicial proceedings are being conducted due to an alleged offense committed in a foreign country.
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. Additionally, the maximum sentence for the offense must require at least one year of imprisonment. For finalized conviction decisions, the imposed sentence must be at least four months of imprisonment.
However, the foreign state merely submitting a request is not sufficient. The court separately evaluates matters such as dual criminality, statute of limitations, citizenship, claims of political offense, human rights risk, and whether a prior decision has 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 with the foreign state transmitting its extradition request to Turkey. The request is first examined by the Central Authority. If deficiencies are found in the request, additional information or documents may be requested. Requests meeting the necessary conditions are then sent to the competent public prosecutor’s office.
The extradition process generally consists of the following stages:
- The foreign state prepares the extradition request
- The request is examined by the Central Authority in Turkey
- Additional information and documents are requested if necessary
- The file is sent to the competent public prosecutor’s office
- Extradition proceedings are conducted before the heavy criminal court
- The court decides whether the extradition request is admissible
- Legal remedies against the decision are evaluated
- Upon the decision becoming final, administrative approval and the handover process are carried out
The heavy criminal court finding the extradition request admissible does not mean the person will be immediately extradited. Execution of the decision depends on obtaining the views of the Ministries of Foreign Affairs and Interior, the recommendation of the Minister of Justice, and approval by the President. For this reason, extradition proceedings are of a hybrid nature, encompassing both judicial and administrative dimensions.
In What Cases Can an Extradition Request Be Rejected?
The cases in which an extradition request may or must be rejected are regulated under Law No. 6706. The specific circumstances of each case must be examined individually.
The principal situations that may lead to non-acceptance of an extradition request include:
- The person sought for extradition being a Turkish citizen
- The act being 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 on account of their race, religion, ethnic origin, citizenship, social group, or political views
- There being a risk of torture or ill-treatment in the requesting country
- The act being an offense falling within Turkey’s jurisdiction
- The offense being statute-barred or covered by an amnesty
- A prior acquittal or conviction having been issued in Turkey for the same act
- The request requiring the death penalty or a punishment incompatible with human dignity
In cases involving a risk of the death penalty or a punishment incompatible with human dignity, it is separately examined whether the requesting state has provided adequate guarantees. However, such guarantees must be concrete, verifiable, and capable of protecting the person’s fundamental rights — not merely abstract or theoretical.
What Is a Red Notice?
A red notice is a notification published by Interpol for the purpose of locating persons sought by the judicial authorities of a country and provisionally arresting them within the scope of extradition proceedings. A red notice may typically contain the person’s identifying information, details relating to the alleged offense, their photograph, fingerprints, and judicial data pertaining to the arrest warrant.
However, a red notice is not in itself an international arrest warrant. An Interpol red notice constitutes a request for search and provisional arrest directed to the law enforcement authorities of member states. Each country attaches consequences to a red notice in accordance with its own domestic law.
For this reason, the arrest of a person subject to a red notice in Turkey does not mean they will be directly extradited. Separate court proceedings must be conducted under Law No. 6706 and the relevant international conventions for extradition to take place.
What Is a Diffusion Message?
A diffusion message is a wanted notice used similarly to a red notice, but one that can be sent to the relevant countries more quickly. Since issuing a red notice can take time, in some cases national Interpol units may send a diffusion message to avoid delays.
A diffusion message also does not mean the person will be automatically extradited. If the person is arrested, provisional detention, judicial supervision, awaiting extradition documents, and extradition proceedings before the heavy criminal court all become relevant.
In such cases, swift legal intervention is important. This is because a person’s liberty may be restricted, they may face the risk of deportation, or the process of handing them over to foreign authorities may commence.
Provisional Detention and Judicial Supervision
In the course of extradition proceedings, a person may be provisionally detained if there is strong suspicion that an offense subject to an extradition request has been committed. Provisional detention may also be applied under certain conditions before the extradition request reaches Turkey.
According to Law No. 6706, a person may remain in provisional detention for a maximum of forty days within the framework of the reciprocity principle. Additionally, the court may also order judicial supervision measures under Article 109 of the Code of Criminal Procedure so as to prevent the person from absconding.
Detention measures in extradition proceedings must be proportionate. The court must review the detention status at regular intervals and consider lighter measures such as judicial supervision when the necessary conditions are not met.
Extradition Proceedings Before the Heavy Criminal Court
The heavy criminal court in the location where the person is found has jurisdiction to decide on extradition requests. If the person’s location cannot be determined, the Ankara heavy criminal court is deemed competent.
The public prosecutor’s office applies to the heavy criminal court for a decision regarding the extradition request. The court examines the documents submitted by the requesting state and the extradition conditions set forth in Law No. 6706. If the person does not accept the voluntary extradition procedure, the court decides whether the extradition request is admissible.
The following matters are particularly important in extradition proceedings:
- Whether the requesting country’s documents are in proper legal form
- The content of the arrest warrant or conviction decision
- Whether the act also constitutes an offense under Turkish law
- Whether the conditions for extradition have been met
- Whether grounds requiring rejection of the extradition request exist
- Whether the person’s fundamental rights will be protected in the requesting country
- Whether the detention or judicial supervision measure is proportionate
The court may request additional information and documents from the requesting state if it deems this necessary.
Can a Turkish Citizen Be Extradited to a Foreign Country?
As a rule, the extradition of Turkish citizens to a foreign country is not possible. According to Article 38 of the Constitution, a citizen may not be surrendered to a foreign country on account of an offense, except for obligations arising from being a party to the International Criminal Court.
Law No. 6706 also lists the person sought for extradition being a Turkish citizen among the cases where an extradition request will not be accepted.
That said, matters such as citizenship status, dual citizenship, the date citizenship was acquired, the date of the offense, and the date of the request must be evaluated in light of the specific circumstances of each case. In situations where Turkish citizens are alleged to have committed offenses abroad, alternative legal avenues — such as conducting an investigation or prosecution in Turkey, judicial mutual assistance, or transfer of proceedings — may arise in lieu of extradition.
Are Deportation and Extradition the Same Thing?
Deportation and criminal extradition are not the same legal institution. Deportation is an administrative procedure relating to the removal of a foreign national from Turkey. Extradition, on the other hand, is a special judicial cooperation procedure requested by a foreign state for the purposes of a criminal investigation, prosecution, or enforcement of a finalized conviction.
According to Law No. 6706, a foreign national may not be deported while extradition proceedings are ongoing without obtaining the opinion of the Central Authority. Nor may a foreign national be deported to the state whose extradition request was rejected without the Central Authority’s opinion.
For this reason, extradition files may simultaneously involve a deportation order, travel ban, administrative detention, residence permit issues, or a deportation case. In such situations, criminal law, aliens law, and administrative law must all be evaluated together.
Turkey Requesting Extradition from a Foreign State
Turkey may also request the extradition of suspects, defendants, or convicts subject to arrest warrants or detention orders who have been determined to be abroad.
In such cases, the extradition request document, arrest warrant, relevant statutory provisions, civil registry records, physical description, photographs, fingerprints, and other necessary documents are prepared. The prepared extradition documents are checked by the relevant authorities and forwarded to the competent bodies of the foreign country.
In this process, it is important to correctly characterize the offense, conduct a statute of limitations assessment, examine the bilateral or multilateral treaties between the requested country and Turkey, and ensure the extradition documents are prepared completely and comprehensively.
Interpol Lawyer Fees
The fees of an Interpol lawyer or international extradition lawyer vary depending on the characteristics of each case. For this reason, it is not appropriate to set a fixed fee applicable to all cases.
The following factors are generally taken into account when assessing fees:
- The stage of the extradition proceedings in the case
- Whether the person is in detention
- Whether there is a red notice or diffusion message record
- The scope of the foreign country’s documents
- Whether translation and foreign law analysis are required
- Whether there are additional proceedings such as deportation, travel bans, or administrative detention
- The number of authorities to which applications will be made and the urgency of the proceedings
The Minimum Attorney Fee Schedule of the Union of Turkish Bar Associations is also taken into account when determining fees. However, since extradition and Interpol cases often require specialized review, fees must be determined on the basis of the specific case.
What Should Be Considered When Choosing an Interpol Lawyer?
Extradition and red notice cases directly affect a person’s liberty and require prompt action. For this reason, when choosing a lawyer, experience in international extradition law and aliens law — not just general criminal law knowledge — is also important.
The following criteria may be considered when selecting an Interpol lawyer:
- Experience in criminal law and heavy criminal court proceedings
- Proficiency in red notice and diffusion message procedures
- Up-to-date knowledge of Law No. 6706 and international conventions
- Ability to evaluate extradition request documents and foreign country documents
- Ability to effectively challenge detention and judicial supervision decisions
- Ability to establish human rights risks on a sound legal basis
- Ability to follow related procedures such as deportation, administrative detention, and travel bans
- Ability to keep the client clearly and regularly informed about the progress of the case
Rather than relying on absolute expressions such as “the best Interpol lawyer,” it is more advisable to work with an attorney who has genuine experience in international extradition and criminal proceedings and who is suited to the needs of the specific case.
Contact for Legal Support
Red notices, diffusion messages, provisional detention, extradition proceedings, deportation procedures, and extradition requests from foreign states can all have serious consequences for a person’s liberty.
To obtain Interpol lawyer support, assess the legal conditions of an extradition request, file challenges against detention orders, and have a case examined from a human rights perspective, you are welcome to contact our law office.
Frequently Asked Questions
What is an Interpol lawyer?
An Interpol lawyer is an attorney who provides legal support in proceedings related to red notices, diffusion messages, international arrest, provisional detention, extradition proceedings, and deportation procedures.
Is a red notice a direct arrest warrant?
A red notice is not in itself an international arrest warrant. It is a notification used for the purpose of locating a person and provisionally arresting them within the scope of extradition proceedings.
Is a person with a red notice immediately extradited in Turkey?
No. The existence of a red notice does not mean the person will be automatically extradited. Separate extradition proceedings are conducted in Turkey and the heavy criminal court evaluates the conditions for extradition.
Can a Turkish citizen be extradited to a foreign country?
As a rule, a Turkish citizen cannot be extradited to a foreign country on account of an offense. Both the Constitution and Law No. 6706 contain explicit provisions on this matter.
Which court has jurisdiction in extradition proceedings?
The heavy criminal court in the location where the person is found has jurisdiction to decide on the extradition request. If the person’s location is unknown, the Ankara heavy criminal court is competent.
Can a detention order be issued in extradition proceedings?
Yes. A provisional detention order may be issued if the conditions are met. However, the detention measure must be proportionate and applied in accordance with statutory requirements.
Can a person be deported if the extradition request is rejected?
If extradition proceedings are ongoing or a foreign national is to be deported to the country whose request was rejected, the opinion of the Central Authority must be obtained. Extradition proceedings must not be circumvented through deportation.
Are Interpol lawyer fees fixed?
No. Fees vary depending on the scope of the case, whether the person is in detention, the red notice record, foreign country documents, and the legal proceedings to be pursued.
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 the European Union – Legal Basis of the Extradition Process
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 Notices, Diffusion Messages, and Blue Notices
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 – Extradition Documents and Red Notice Request Checklists
https://diabgm.adalet.gov.tr/Home/SayfaDetay/…
[8] Republic of Turkey Ministry of Justice – Bureau for Extradition and Transfer of Sentenced Persons
https://diabgm.adalet.gov.tr/Home/SayfaDetay/suclularin-iadesi-ve-hukumlu-nakli-burosu
[9] Union of Turkish Bar Associations – Announcement of Minimum Attorney Fee Schedule
https://www.barobirlik.org.tr/Haberler/…
