Interpol and extradition processes concern the international search, arrest, and assessment of whether persons who are subject to an arrest warrant, conviction, 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 handled together.
In Turkey, the extradition of offenders 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 under Law No. 6706, bilateral or multilateral international treaties, and, where no treaty exists, within the scope of 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; it is a request to locate a person and provisionally arrest them for the purpose of extradition, surrender, or a similar legal action.
What Is Interpol?
Interpol is an international organization that enables police cooperation between member countries. Interpol does not directly conduct trials, impose penalties, or arrest individuals on its own initiative. The Interpol system enables member countries to share information about wanted persons, offenses, identity details, and criminal investigations.
One of the most frequently encountered types of records 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 arrest that person within the scope of the extradition process.
The Ministry of Justice describes a red notice as a notice issued by the Interpol General Secretariat for the arrest, wherever found, of suspects, defendants, or convicted persons wanted by the judicial authorities of a country for the purpose of extradition to the relevant country, containing identity information and judicial information concerning the alleged offense.
However, a red notice is not a court decision by itself. If the person is arrested 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 in a manner similar to a red notice. 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 written notice sent by the relevant country’s Interpol unit to the Interpol units of other countries within the framework of the criteria for a red notice in order to arrest wanted persons.
A diffusion message also does not mean that the person will be directly extradited. When the person is arrested, 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 located. 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 point 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 can be explained as follows:
- A red notice is intended for search and provisional arrest.
- Extradition proceedings determine whether the person will be surrendered.
- The relevant authorities carry out the red notice through the Interpol system.
- The court and the central authority assess the extradition request.
- A red notice is not an extradition decision by itself.
- Legal conditions must also be met for extradition.
How Does the Extradition Process Start in Turkey?
In Turkey, the extradition process starts when a foreign state submits its extradition request to Turkey. This request is reviewed by the central authority. For Turkey, the central authority is the Ministry of Justice. Requests that meet the required 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 assessed, they are forwarded to the chief public prosecutor’s office before the high criminal court of the place where the person whose extradition is requested is located; if the person’s location is unknown, the process is conducted 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 review is conducted 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 Arrested in Turkey?
When a person who is the subject of a red notice or diffusion message is arrested in Turkey, the basis of the record and the offense alleged by the requesting state are examined first. At this stage, provisional arrest or a judicial control decision may come into question for 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 the arrest, the following matters become important:
- The basis of the red notice or diffusion message
- Whether the requesting country has sent an extradition request
- Whether the alleged act is a criminal offense 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 arrested due to an Interpol record. However, this decision is not automatic. The court must assess the person’s flight risk, 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. In this context, measures such as a ban on leaving the country, signing in at regular intervals, residing at a specified address, or providing security may come into question.
In extradition files, measures that restrict liberty must be proportionate. Especially if the extradition documents have not yet arrived or the person’s flight risk 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 together the documents sent by the requesting state, the person’s defense, the nature of the offense, the extradition conditions, and the grounds for refusal.
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:
- Has the extradition request been made in due form?
- Is the act subject to the request also a criminal offense under Turkish law?
- Is the offense extraditable in nature?
- Is the person a Turkish citizen?
- Is there a claim of political offense or purely military offense?
- Is there a statute of limitations or amnesty bar?
- Has a prior decision been rendered 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 in Which the Extradition Request Cannot Be Accepted
Law No. 6706 regulates the circumstances in which an extradition request cannot be accepted. If these circumstances exist, the court may not find the extradition request admissible.
The main grounds for refusal are as follows:
- The person whose extradition is requested is a Turkish citizen
- The risk that the person may be subjected to investigation or punishment because of their race, ethnic origin, religion, nationality, social group, or political views
- Risk of torture or ill-treatment
- The act is a thought offense, a political offense, or an offense connected with a political offense
- The act is purely military in nature
- The act is an offense falling within Turkey’s jurisdiction
- The offense has become time-barred or has been subject to amnesty
- There has previously been an acquittal or conviction in Turkey for the same act
- The request concerns an offense requiring the death penalty or a punishment incompatible with human dignity
Law No. 6706 also provides that genocide and crimes against humanity shall not be considered political offenses; and that, regarding the risk of the death penalty or a punishment incompatible with human dignity, the extradition request may be assessed separately if the requesting state provides sufficient assurances.
Can Turkish Citizens Be Extradited?
As a rule, Turkish citizens cannot be extradited to a foreign country. Relying on Article 38 of the Constitution, the Ministry of Justice states that a citizen cannot be returned to a foreign country on account of an offense.
However, citizenship status must be examined separately in each file. Dual citizenship, the date citizenship was acquired, the date of the offense, and the date of the extradition request may be important in this assessment.
If Turkish citizens face criminal allegations in a foreign country, different legal mechanisms may come into question instead of extradition, such as conducting an investigation or prosecution in Turkey, judicial assistance, evidence sharing, or transfer of proceedings.
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 details or the alleged offense, or to locate the person. According to the Ministry of Justice’s explanation, no arrest is carried out against a person who is the subject of a blue notice.
Therefore, a blue notice is not a tool that directly initiates the extradition process. However, it may be important for determining the person’s location, verifying identity information, or for a red notice or extradition request that may arise in the future.
Is It Possible to Remove an Interpol Record?
Where an Interpol record is unlawful, political in nature, arises from a private law dispute, carries a risk of human rights violations, or has been issued in violation of Interpol rules, an application may be made for the record to be examined and removed.
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 against a red notice or diffusion message:
- Whether the request has a political purpose
- Whether the alleged act is an ordinary crime or political in nature
- Whether a private law or commercial dispute has been transformed into a criminal file
- Whether the person is at risk with regard to 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 of offenders are not the same thing. Deportation is an administrative act concerning the removal of a foreign national 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, during the extradition process, a foreign national cannot be deported without obtaining the opinion of the central authority. Likewise, deportation to a state whose extradition request has been rejected cannot be carried out 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, foreign nationals law and administrative law applications should also be assessed together with the extradition process.
Legal Support in Interpol and Extradition Files
Interpol and extradition processes are files that directly affect a person’s liberty, require rapid intervention, and demand technical legal knowledge. Red notices, diffusion messages, 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 in the following matters:
- Examining the red notice or diffusion message
- Assessing the legality 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
- Setting forth the reasons requiring rejection of the extradition request
- Submitting human rights risks to the file
- Following deportation, restriction code, and administrative detention procedures
- Assessing application routes for the removal of the Interpol record
Early legal intervention is important in such files. This is because the person’s arrest, provisional detention, 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 arrest that person within the scope of the extradition process.
Is a red notice an arrest warrant?
No. Interpol clearly states that a red notice is not an international arrest warrant. Each country gives effect to a red notice according to its own domestic law.
What is a diffusion message?
A diffusion message is a rapid notification sent to other countries by the relevant country’s Interpol unit for the purpose of arresting a wanted person, because 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 also examined 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 unknown, the process may be conducted through Ankara within the framework of the relevant legal provisions.
Can a Turkish citizen be extradited to a foreign country?
As a rule, no. Under Article 38 of the Constitution, a citizen cannot be returned to a foreign country on account of an offense.
Can an Interpol record be removed?
Applications for examination and removal may come into question for records that are unlawful, political in nature, arise from a private law dispute, or are contrary to Interpol rules.
Does deportation replace extradition?
No. Deportation is an administrative act, while extradition is a criminal judicial cooperation process. While the extradition process is ongoing, deportation procedures are subject to special rules.
References
[1] Republic of Turkey Ministry of Justice DGFR-EU – Legal Bases of Extradition Procedures.
[2] Law No. 6706 on International Judicial Cooperation in Criminal Matters.
[3] Republic of Turkey Ministry of Justice DGFR-EU – Red Notice, Diffusion Message, and Blue Notice.
[4] INTERPOL – Red Notices / About Notices.
