What Is the Official Definition of the INTERPOL Red Notice?
Under Article 82 of the INTERPOL Rules on the Processing of Data (RPD), a Red Notice is published at the request of a National Central Bureau (NCB) or an international organization with the power to conduct criminal investigations and prosecutions. Its purpose is to locate a wanted person and to ask that the person be held, arrested or have their movements restricted for the purpose of extradition, surrender or a similar lawful procedure.
This definition contains four core elements:
- The person is sought by the source country or an authorized international criminal court, not by INTERPOL itself.
- The Red Notice must rest on a valid national arrest warrant, court order or equivalent judicial decision.
- The purpose is to locate the person and provisionally detain them for extradition, surrender or a similar legal procedure.
- The arrest and any subsequent judicial or administrative steps are carried out by the competent judicial and administrative authorities of the state where the person is found, not by INTERPOL.
For INTERPOL notices, CCF review and the general framework of the extradition process, see our guide What Are INTERPOL and the Red Notice?
Why Is a Red Notice Not an International Arrest Warrant?
An arrest warrant is a binding judicial act in which a competent judicial authority orders that a person's liberty be restricted on the basis of a specific legal system. A Red Notice, by contrast, is a police cooperation request circulated through INTERPOL channels.
The reasons a Red Notice is not treated as an arrest warrant in its own right are as follows:
- INTERPOL has no judicial authority and no police powers of enforcement.
- INTERPOL does not replace the substance or legal effect of a national court decision.
- A Red Notice does not create a direct and uniform power of arrest in member states.
- Each country determines under its own law what effect it gives to a Red Notice.
- Whether a person is arrested, detained or released depends on the decisions of national authorities.
- Extradition additionally requires a formal extradition request, the necessary judicial documents and a national extradition proceeding.
What Is the Difference Between a Red Notice, a National Arrest Warrant, an Extradition Request and an Extradition Decision?
| Step | Issuing authority | Core function | Standing alone, results in arrest or extradition |
|---|---|---|---|
| National arrest warrant | Competent judicial authority of the source country | Arrest of the person under that country's law | Binding in the source country; cannot be enforced directly in another country |
| Red Notice | INTERPOL General Secretariat, upon an NCB request | Request for provisional arrest to locate the person and extradite them | Creates no universal or automatic power of arrest |
| Request for provisional arrest | Competent authority of the requesting state | Preventing flight until the extradition documents are complete | Requires a judicial decision of the requested state |
| Extradition request | Requesting state | Formally requests surrender and submits supporting documents | Starts extradition proceedings; does not by itself secure surrender |
| Decision on admissibility of extradition | Competent court of the requested state | Reviews the legal conditions for extradition | In Türkiye, requires a decision of the High Criminal Court |
| Surrender decision and act | Competent authorities of the requested state | Carries out surrender at the end of the completed process | Results from the completed extradition process, not from the Red Notice |
What Is the Difference Between a Red Notice and a Wanted Person Diffusion?
A Wanted Person Diffusion (Aranan Kişi Diffüzyonu) is a police cooperation tool sent directly by a source NCB to one or several countries it selects, asking for the location and provisional arrest of a person.
| Criterion | Red Notice | Wanted Person Diffusion |
|---|---|---|
| Issuance | Published by the INTERPOL General Secretariat | Sent directly by the source NCB to the countries it selects |
| Geographic scope | Notified to all member states | Limited to the selected countries |
| Public availability | A limited part may be published publicly | Not included in the public list |
| Review process | Passes the NDTF preliminary compliance review | Sent directly; review may take place afterwards |
| Effect on arrest | Depends on national law | Depends on the national law of the selected countries |
What Conditions Must Be Met for a Red Notice to Be Published?
Under Article 83 of the INTERPOL Rules on the Processing of Data, the following minimum conditions are assessed together:
- A serious ordinary offence must exist: Ordinary offences that are not political, military, religious or racial in nature (such as murder, aggravated fraud or organized crime) form the basis.
- The penalty threshold must be met: During the investigation or prosecution stage, the maximum penalty for the act must be at least 2 years' imprisonment; for final sentences, at least 6 months' imprisonment must remain to be served.
- Sufficient judicial data and decision: A valid national arrest warrant, a summary of the charges, and the time, place and legal provisions involved must be provided.
- Sufficient identification data: Name, surname, date of birth, a photograph and biometric data (fingerprints or DNA) must be provided to prevent misidentification.
Can INTERPOL Publish a Red Notice in Cases with a Political Character?
Article 3 of the INTERPOL Constitution categorically prohibits the Organization from undertaking any activity or intervention of a political, military, religious or racial character. Where political elements are present in an allegation, the Predominance Test (Ağırlık Testi) applies. The following are examined together:
- whether the act underlying the allegation is an ordinary crime or a political act;
- the political, public or dissident status of the person concerned;
- the political climate and power struggle at the time the charge was made;
- refugee or protection status granted by other countries or international bodies.
If the ordinary-crime element is secondary to the political motivation, no Red Notice is published or, if one has already been published, the CCF deletes it.
How Does the Process Work in Türkiye Because of a Red Notice?
In Türkiye, the process is conducted within the framework of Law No. 6706 on International Judicial Cooperation in Criminal Matters, the Constitution, the European Convention on Extradition (SİDAS) and bilateral judicial cooperation treaties.
[INTERPOL Red Notice / Diffusion]
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[Ministry of Interior / EGM] ──► [Ministry of Justice review (DİABGM)]
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[Police (Emniyet) apprehension]
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[Criminal judgeship of peace within 24 hours]
(Provisional pretrial detention or judicial control)
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[High Criminal Court extradition proceedings]1. Apprehension and Referral to the Public Prosecutor
When the person is identified at an airport, at a border crossing or within the country, they are taken into custody and referred to the Chief Public Prosecutor's Office.
2. Presentation Before a Judge Within Twenty-Four Hours
Under Article 14(3) of Law No. 6706, an apprehended person must be brought before a criminal judge of peace within 24 hours at the latest so that a decision on provisional detention can be made. The judge reminds the person of the consent-based extradition procedure and of their rights.
3. Provisional Pretrial Detention or Judicial Control
The criminal judge of peace may order:
- provisional pretrial detention;
- judicial control under Article 109 of the Code of Criminal Procedure (CMK), such as a travel ban, a reporting obligation or house arrest; or
- release.
The existence of a Red Notice does not make detention mandatory.
4. Provisional Detention Periods
- Under SİDAS: Under Article 16 of SİDAS, the provisional detention period is, as a rule, at least 18 and at most 40 days, until the extradition documents arrive.
- On the Basis of Reciprocity: Under Law No. 6706, the provisional arrest period may last no more than 40 days.
5. Extradition Proceedings Before the High Criminal Court
When the extradition request arrives, the competent High Criminal Court opens a hearing-based trial and examines whether the extradition is admissible.
The Administrative Law Dimension of a Red Notice: Restriction Codes (G-87, Ç-114) and Removal Centre Procedures
When a foreign national is the subject of a Red Notice or Diffusion record, administrative deportation and entry-ban codes are entered into the database by the Police (Emniyet) and the Presidency of Migration Management:
- G-87 code: persons engaged in activity against general security.
- Ç-114 code: foreign nationals subject to judicial proceedings.
Administrative Detention and Annulment Action Procedure
Even if the person is released by a criminal court or placed under judicial control, the Migration Administration may refer them to a Removal Centre (GGM) under Article 57 of Law No. 6458 on Foreigners and International Protection, and an administrative detention order may be issued.
- Objection to administrative detention: lodged with the criminal judgeship of peace.
- Annulment of a restriction code: pursued through an annulment action to be filed before the Administrative Court within 60 days.
Important administrative-law principle: According to the settled case law of the 10th Chamber of the Council of State (Danıştay), a Red Notice from a foreign state alone cannot justify an administrative act. The administration must present concrete information and documents showing how the person has disturbed public order within Türkiye.
Are Turkish Citizens Extradited Because of a Red Notice?
Under Article 38(10) of the Constitution: "A citizen may not be surrendered to a foreign state on account of an offence, except for obligations arising from being a party to the International Criminal Court."
In light of this provision:
- As a rule, Turkish citizens cannot be extradited to foreign states.
- The foreign state's extradition request is rejected; however, the requesting state may transfer the case to Türkiye. Under Articles 11 and 12 of the Turkish Penal Code (TCK), prosecution may then take place in Türkiye.
- Holding Turkish citizenship does not automatically remove the Red Notice from the INTERPOL system. If the person leaves Türkiye, they may be arrested in third countries.
Court Decisions and Precedents
1. Constitutional Court (AYM) Individual Application Decisions
- Constitutional Court (AYM), application of Hamza Yanık, Application No. 2016/1310, May 24, 2018:
Subject matter: Right to liberty and security (Article 19 of the Constitution) in provisional detention based on a Red Notice.
Merits: Although provisional detentions based on a Red Notice have a statutory basis (Law No. 6706, Article 14), the Court held that criminal judgeships of peace must expressly justify the risk of flight in the specific case and explain why judicial control would be insufficient. Detention orders made automatically constitute a violation of rights.
- Constitutional Court (AYM), application of Y.T., Application No. 2016/22418, May 30, 2019:
Subject matter: Prohibition of torture and ill-treatment in extradition and deportation (Article 17 of the Constitution).
Merits: If there is a real risk that the person sought under a Red Notice would be subjected to ill-treatment within the meaning of Article 17 of the Constitution and Article 3 of the AİHS in the country to which they would be extradited, an extradition decision cannot be made and deportation cannot be carried out.
2. Council of State (Danıştay) Decision
- Council of State (Danıştay), 10th Chamber, E. 2021/4512, K. 2022/1150:
Subject matter: Annulment of the G-87 restriction code based on a Red Notice.
Merits: The Council of State ruled that the existence of an international Red Notice alone is not sufficient to constitute a threat to public security in Türkiye, and that the Police and the Presidency of Migration Management must prove with concrete acts and documents that public order has been disturbed. It annulled the restriction code.
3. Court of Cassation Criminal General Assembly Decision
- Court of Cassation Criminal General Assembly (Yargıtay CGK), E. 2019/9-412, K. 2021/285:
Subject matter: Legal nature of a Red Notice and of provisional detention based on it.
Merits: The Criminal General Assembly emphasized that provisional detention based on a Red Notice is neither the enforcement of a sentence nor a final judgment. It is a temporary protective measure applied within judicial cooperation until the extradition documents arrive.
4. European Court of Human Rights (AİHM) Decisions
- European Court of Human Rights (AİHM), M.C. v. Türkiye, Application No. 31592/18, June 4, 2024:
Subject matter: Provisional detention based on a Red Notice and the right to liberty (Article 5 of the AİHS).
Merits: The Court found that restrictions on liberty based on a Red Notice must have a clear and foreseeable basis in national law and be subject to effective judicial review.
- European Court of Human Rights (AİHM), Liu v. Poland, Application No. 37610/18, October 6, 2022:
Subject matter: Risk of extradition to China after a Red Notice (Article 3 of the AİHS).
Merits: The Court held that extradition decisions made without assessing the human rights record of the country that issued the Red Notice and the specific risks facing the person violate Article 3 of the AİHS.
5. Court of Justice of the European Union (ABAD) Decision
- Court of Justice of the European Union (ABAD), Grand Chamber, WS v. Bundesrepublik Deutschland, C-505/19, May 12, 2021:
Subject matter: Schengen area, Red Notices and ne bis in idem (prohibition of double jeopardy).
Merits: The Court ruled that a Red Notice issued for a person who has already been acquitted or convicted by a final judgment in a Schengen state cannot be used as grounds for arrest in other member states.
Legal Remedies Against a Red Notice and CCF Deletion Requests
Defense against a Red Notice is pursued along three tracks:
1. Before INTERPOL and the CCF (Commission for the Control of INTERPOL's Files)
As of March 26, 2026, CCF applications are made through the secure e-Portal.
- Access request: learning the content of the records concerning oneself.
- Deletion or correction request: deletion of the record because of violations of RPD Articles 81 to 83 and of Constitution Article 2 (human rights) and Article 3 (prohibition of political offences).
- Interim measures: a request to suspend the record during review where the risk of arrest is urgent (CCF Statute, Article 37).
2. In the Source Country (the State That Issued the Notice)
- Lifting the national arrest warrant;
- obtaining a decision of non-prosecution, acquittal or expiry of the limitation period;
- securing the withdrawal of the Red Notice by the NCB.
3. In the Arresting Country (Türkiye)
- objection to provisional detention and a request for judicial control before the criminal judgeship of peace;
- defense against extradition before the High Criminal Court on the ground that it is inadmissible;
- an annulment action before the Administrative Court against restriction codes (such as G-87).
Critical warning: A deletion request submitted to the CCF does not automatically stop the judicial or administrative detention periods in Türkiye. National and international legal remedies must be pursued at the same time.
What Steps Should Be Taken After a Red Notice Is Deleted?
The deletion of a Red Notice by the CCF does not mean that the proceedings end automatically:
| Deleted record | Matter to follow up |
|---|---|
| INTERPOL Red Notice | The national arrest warrant in the source country may remain in force. |
| Wanted Person Diffusion | Bilateral police cooperation records must be checked separately. |
| CCF deletion decision | An administrative application must be made to have the G-87/Ç-114 codes removed from the records of the Police and the Presidency of Migration Management. |
| Rejection of the extradition request | For any continuing visa or banking restrictions, the decision must be submitted to the competent institutions. |
Frequently Asked Questions
Is a Red Notice an international arrest warrant?
No. It is an international police cooperation request for the location of a person and their provisional arrest for extradition.
If my name is not on the public list, is there no Red Notice?
No. Most Red Notices are accessible only to law-enforcement units. The absence of a record on the public website does not mean that no record exists.
Can a Turkish citizen be extradited on the basis of a Red Notice?
Under Article 38 of the Constitution, Turkish citizens cannot be surrendered to a foreign state, except for obligations arising from the International Criminal Court.
How long does a CCF request take to be resolved?
As a rule, CCF access requests are resolved within a few months. Deletion requests are generally decided within 9 to 12 months.
Is there a risk of arrest on a Red Notice during a transit flight?
Yes. Staying in a transit area provides no legal protection. The police of the transit country may carry out an arrest during passport control or security screening.
Conclusion
The INTERPOL Red Notice is an instrument of international police cooperation used to request that a person who is the subject of a valid national arrest warrant be located and provisionally arrested for the purpose of extradition.
A Red Notice alone is neither a detention order nor a conviction. For persons arrested in Türkiye, judicial and administrative review under Law No. 6706, the Constitution and the case law of the Constitutional Court (AYM) and the European Court of Human Rights (AİHM) is required. Judicial-control options and administrative detention proceedings must be pursued within a coordinated legal strategy.