Arrest due to a red notice is a temporary protective measure that may arise after a person who is the subject of 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 to law enforcement authorities worldwide to locate a person and provisionally arrest them for the purposes of extradition, surrender, or a similar legal process; a red notice is not, by itself, an international arrest warrant. Countries give legal effect to red notices 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 a 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 purpose of arresting, wherever found, suspects, defendants, or convicted persons wanted by the judicial authorities of a country so that they may be extradited to the relevant state.
According to the statement of the Ministry of Justice, a red notice may include the wanted person’s clear identity, judicial information regarding the alleged offense, the measures to be taken when the person’s location is identified, and, if available, photograph and fingerprint information.
However, a red notice is not, by itself, a court decision. If the person is apprehended in Turkey, Turkish law applies, and whether a provisional arrest or judicial control order will be issued against the person is assessed separately by the competent authorities.
Is Arrest Always Ordered 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 assessment of provisional measures in the country where the person is located. However, the statutory conditions for arrest must also be met.
In Turkey, for a provisional arrest order to be issued, there must be strong suspicion that an offense that may be subject to an extradition request has been committed. In addition, this measure may arise within the framework of the provisions of international treaties to which Turkey is a party or the principle of reciprocity, upon the request of the relevant state and the approval of the Central Authority.
For this reason, the following questions are important in a red notice file:
- Is there a valid arrest warrant on which the red notice is based?
- Is the alleged act also considered a criminal offense under Turkish law?
- Has the requesting state sent the extradition documents within the required period?
- Is the person’s risk of flight concretely present?
- 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 due to a foreign state’s extradition request or a red notice record in order to prevent the person from fleeing before the extradition documents reach Turkey.
Under Law No. 6706, a person may be provisionally arrested before the extradition request reaches the Central Authority 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 apprehended person is brought before a 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 under provisional arrest for a maximum of forty days. If extradition documents are not sent within this period, the provisional arrest or judicial control order 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 course 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 reported to the relevant judicial authorities.
- The person is brought before a criminal judgeship of peace.
- Provisional arrest or judicial control is assessed.
- The extradition documents are awaited from the requesting state.
- If the extradition documents arrive, the file is brought before the high criminal court.
- The high criminal court examines whether the extradition request is admissible.
- Legal remedies against the decision are assessed.
- If the acceptance decision becomes final, the administrative approval and surrender process comes into effect.
According to the statement of the Ministry of Justice, upon a red notice or diffusion message, the state where the wanted person is located may, if it deems necessary, provisionally arrest the person and then request that the seeking state transmit the extradition request.
Arrest Due to a Diffusion Message
A diffusion message is a search notice 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 letter sent for the apprehension of wanted persons within the framework of the criteria applicable to a red notice.
A diffusion message is also not an extradition decision by itself. If the person is apprehended in Turkey, the process of provisional arrest, judicial control, and waiting for extradition documents may arise.
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 order may be issued pursuant to Article 109 of the Criminal Procedure Code in a way that prevents the person from fleeing.
The following measures may arise within the scope of judicial control:
- A ban on leaving the country
- An obligation to sign in at regular intervals
- Residing at a specific address
- Applying to places designated by the court
- Depositing a 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 risk of flight is concrete, and the status of the extradition documents are important.
Can an Arrest Order Be Challenged?
A provisional arrest order issued due to a red notice may be challenged. Since arrest is a severe measure that directly restricts personal liberty, it must be proportionate and based on concrete reasons.
In an objection, the following points in particular may be raised:
- The red notice alone is not sufficient for arrest
- The extradition documents have not yet been sent
- The alleged act does not constitute an offense under Turkish law
- The person’s risk 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 documents of the requesting state are incomplete or contradictory
If an arrest order is issued against the person during the extradition process, the detention status is reviewed by the high criminal court at intervals of no more than thirty days. In addition, the total period 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 arrest them for purposes of the extradition process.
For extradition, the requesting state must also send an extradition request, that documentation 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 not known, the Ankara high criminal court is deemed competent.
What Happens If the Extradition Documents Do Not Arrive?
If a provisional arrest order has been issued due to a red notice, the requesting state must send the extradition documents within the prescribed period. Under Law No. 6706, if the extradition documents are not sent within the relevant period, the provisional arrest or judicial control order is lifted.
However, if the extradition documents arrive later, protective measures may again be applied to prevent the person from fleeing. Therefore, the lifting of a provisional arrest order may not always mean that the extradition process has completely ended.
Grounds for Refusal in Arrest Due to a Red Notice
When an 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. Whether the extradition request is legally admissible is also examined.
The main circumstances that may lead to refusal of the extradition request are as follows:
- The person is a Turkish citizen
- The act does not constitute a criminal offense under Turkish law
- The offense is time-barred
- The act is a political offense or an offense connected with a political offense
- The act is a purely military offense
- A decision has previously been rendered in Turkey for the same act
- There is a risk of torture or ill-treatment in the requesting state
- There is a serious risk regarding the right to a fair trial
- The request involves the death penalty or a risk of punishment incompatible with human dignity
- The extradition documents are incomplete, contradictory, or procedurally improper
If one of these grounds exists, a defense may be made 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, Turkish citizens cannot be extradited to a foreign country. Within the framework of the Constitution and Law No. 6706, the surrender of a citizen to a foreign state due to an offense is, as a rule, prohibited.
However, the existence of a red notice for a Turkish citizen does not mean that the person will not be apprehended in Turkey or that no action can be taken against them. In this case, the person’s legal status, the alleged offense, whether an investigation will be opened in Turkey, the possibility of judicial assistance, and the foreign state’s documents are assessed separately.
For Turkish citizens, different legal mechanisms such as conducting an investigation or prosecution in Turkey, sharing evidence, or judicial assistance may arise instead of extradition.
Is It Possible to Remove a Red Notice Record?
If the red notice record is unlawful, political in 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, avenues for applying for the removal of the record may be assessed.
The following points are important in such applications:
- Whether the request was made for political purposes
- Whether the alleged act truly 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 is in the nature of a private law or commercial dispute
The removal of a red notice is a separate process; it may be assessed together with or independently from the provisional arrest and extradition proceedings in Turkey.
Deportation and the Red Notice Process
A foreign person apprehended due to a red notice may also face deportation, restriction code, or administrative detention procedures. However, deportation and the extradition process are not the same legal institution.
Deportation is an administrative act 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 surrender of a person for the purpose of a criminal investigation, prosecution, or enforcement of a conviction.
Under Law No. 6706, a foreigner cannot be deported during the extradition process without obtaining the opinion of the Central Authority. In addition, deportation to a state whose extradition request has been refused cannot be carried out without obtaining the opinion of the Central Authority.
Legal Support in Arrest Due to a Red Notice
Files concerning 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 order may be issued, and extradition documents may be awaited from the requesting state.
An INTERPOL lawyer or extradition lawyer may provide legal support in the following matters:
- Examining the red notice or diffusion message
- Investigating the basis of the arrest warrant
- Objecting to the provisional arrest order
- Requesting judicial control
- Examining the procedural compliance of the extradition documents
- Presenting an extradition defense before the high criminal court
- Setting out political offense, statute of limitations, and human rights risks
- Following deportation, restriction code, and administrative detention procedures
- Assessing application avenues for the removal of the red notice record
Early legal intervention is important in these files. This is because the liberty of the person apprehended due to a red notice, the arrival process of 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 is not, by itself, a ground for automatic arrest. In Turkey, statutory conditions and a judge’s decision are also required for provisional arrest.
Is a red notice an international arrest warrant?
No. INTERPOL clearly states that a red notice is not an international arrest warrant. Countries give legal effect 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, a person may remain under provisional arrest 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 order is lifted. However, if the documents arrive later, new protective measures may arise.
Can judicial control be applied instead of arrest?
Yes. Law No. 6706 provides that a judicial control order 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 serves the purpose of search and provisional arrest for the extradition process. For extradition, proceedings must also be conducted before a 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 judicial assistance processes may arise in Turkey against the person.
Can a red notice record be removed?
Removal application avenues may be assessed for red notice records that are unlawful, political in nature, arise from a private law dispute, or contain human rights risks.
References
[1] INTERPOL – Red Notices.
[2] Republic of Turkey Ministry of Justice DGFR&EU – 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.
