Red Notice or Diffusion: How the Arrest and Extradition Process Works in Türkiye

What does a Red Notice or diffusion mean in Türkiye?

A Red Notice is an INTERPOL notice requesting that a person's whereabouts be located and that the person be provisionally arrested with a view to extradition, surrender or a similar lawful procedure. It is not issued by INTERPOL following its own independent investigation; it is published on the basis of a request from the source country and a valid national arrest warrant or a judicial decision with the same effect.

A diffusion is a separate means of circulation that a member country's NCB sends directly to the countries it selects and records in the INTERPOL information system. A Wanted Person Diffusion may contain information on the person's location and, to the extent permitted by the law of the country concerned, a request for provisional arrest.

Both tools share the following features in relation to Türkiye:

• They notify the Turkish authorities of the foreign state's intention to locate and extradite the person.
• They may lead to an inquiry into the person's identity and whether he or she is present in Türkiye.
• They may initiate an assessment for provisional detention.
• They do not replace a formal extradition request.
• They do not compel a Turkish court to order detention or extradition.
• They do not establish that the person is guilty.

For the INTERPOL notice system, CCF review and the general framework of the extradition process, you may consult our guide INTERPOL and the Red Notice: What Are They?.

The official practice of the Ministry of Justice

According to an official statement of the Directorate General for Foreign Relations and the European Union of the Ministry of Justice, Red Notices or diffusions concerning persons reported to be in Türkiye are sent by the Ministry of the Interior to the Ministry of Justice. The Ministry of Justice examines whether the offence is capable of extradition and whether there is sufficient data to form the view that an offence was committed. If it considers this appropriate, it requests from the Ministry of the Interior that the person be referred to the judicial authorities when he or she is arrested.

This statement shows that a record has no automatic effect of detention when it is seen, and also that it is wrong to assume that a record has no effect at all.

How does the arrest process in Türkiye proceed?

The record is identified at the border or within the country

A person may be matched with an international record:

• At an airport, seaport or land border crossing;
• During an identity or passport check;
• In a traffic or public order inspection;
• During hotel registration, residence, visa or migration procedures;
• During questioning in another investigation.

At the initial stage, the accuracy of the identity match is critical. A wrong match may result from similarity of names, transliteration from a different alphabet, an error in the date of birth, outdated passport information or another person with the same name.

The police shall:

• Verify the identity and the record reference;
• Establish which national warrant or request the measure is based on;
• Inform the person of the reason for the restriction of liberty;
• Act in accordance with the instructions of the prosecutor's office and the applicable procedure.

A police measure and a judge's order are not the same thing

Keeping a person under police control, establishing identity or referring the person to the prosecutor's office are different measures from a criminal judgeship of peace's order for provisional detention. A Red Notice or diffusion cannot be used in place of a decision of a Turkish court.

The following must be clearly recorded in the minutes of any restriction of liberty:

• Its legal basis;
• The competent authority;
• The time it began;
• The reason communicated to the person;
• Access to a lawyer and an interpreter.

How is provisional detention applied?

Under Article 14 of Law No. 6706, where there is strong suspicion that an offence capable of giving rise to extradition has been committed, the person may be provisionally detained before the formal extradition documents reach Türkiye, upon the request of the state concerned and the approval of the Central Authority, on the basis of an applicable treaty or the principle of reciprocity.

In the special case provided for in the Law, provisional detention may also arise, without a request from the state concerned, where there is strong suspicion of an offence falling within Article 12/3-a of the Turkish Penal Code.

Within what time must a person arrested be brought before a judge?

The provisional arrest request of the foreign state is sent by the Ministry of Justice to the Ministry of the Interior for arrest and referral to the Chief Public Prosecutor's Office. The arrested person must be brought before a criminal judgeship of peace within 24 hours at the latest so that a decision on provisional detention can be made.

The criminal judgeship of peace shall assess:

• The basis of the request and of the identity match;
• The appearance that the offence is capable of extradition;
• The information supporting strong suspicion;
• The risk of flight and the necessity of the measure;
• Whether judicial control is sufficient instead of detention;
• The person's health, family and residence situation.

The judge also informs the person about the possibility of consensual extradition and its legal consequences.

Is provisional detention mandatory?

No. Article 14(5) of Law No. 6706 expressly permits judicial control under Article 109 of the Code of Criminal Procedure in place of provisional detention, in a manner that prevents the person from fleeing.

Depending on the circumstances of the case, the following may be considered:

• A prohibition on leaving the country;
• Signing in at set intervals;
• Not leaving a specified area of residence;
• Posting a security; or
• Other appropriate measures provided for in the Code of Criminal Procedure.

Detention is not an automatic or punitive measure. Proportionality and necessity must be separately justified for each person.

How long does provisional detention last?

The duration is determined first by the treaty in force between Türkiye and the requesting state.

Duration for states that are parties to the European Convention on Extradition

Under Article 16 of the European Convention on Extradition (SİDAS), a person provisionally detained may be released provisionally if, within 18 days of the arrest, no formal extradition request and the required documents have been received; in no case may provisional detention exceed 40 days. In practice, the convention, any additional protocol, reservations and the date of the specific correspondence must be examined together.

Duration in the case of a bilateral treaty or reciprocity

In states that are not parties to SİDAS, the duration may be regulated differently in the applicable bilateral treaty. Where there is no applicable treaty and the principle of reciprocity is used, under Law No. 6706 provisional detention may last for no more than 40 days.

What happens if the extradition documents do not arrive in time?

If the formal extradition documents are not sent within the prescribed period, the provisional detention or judicial control must be lifted. However, this does not by itself prevent a new protective measure for the purpose of extradition when the formal extradition request arrives later.

For this reason, release does not mean that the file has been definitively closed or that the international record has been deleted.

What rights does a person have in the first 24 hours after arrest?

The person has the right to:

• Learn the reason for the arrest and the restriction of liberty;
• Receive legal assistance from a lawyer;
• Request the assistance of a free interpreter if he or she does not speak Turkish;
• Remain silent and not make a statement incriminating himself or herself;
• Report his or her health condition and need for medication;
• Request that a relative and the consulate be informed, where the conditions are met;
• Review the minutes with an interpreter and a lawyer;
• Challenge the decision on detention or judicial control through the available legal remedies.

Which documents should be requested immediately?

• The disclosable content of the Red Notice or diffusion;
• The source country and the file number;
• The date and the issuing authority of the arrest warrant;
• The date and number of the letter of the Ministry of Justice or the Ministry of the Interior;
• The arrest and referral minutes;
• The form notifying the person of his or her rights;
• The prosecutor's request;
• The decision of the criminal judgeship of peace and the start date of the time limit.

If the record is kept confidential, access to the minimum information that would be effective for the defence and the reason for the restriction should be argued.

How do the formal extradition documents reach Türkiye?

A Red Notice or diffusion is not a formal extradition request. The source state must send the extradition documents to Türkiye within the period set by the treaty or by the time limit fixed.

The extradition documents generally include:

• A letter from the requesting competent authority;
• Detailed identity information about the person;
• A valid arrest warrant or a final conviction;
• A description of the place, time and link to the person in relation to the act;
• The criminal provisions to be applied;
• Information on the statute of limitations;
• Sufficient charges for prosecution or the remaining sentence for enforcement;
• The necessary translations and certifications.

Who is the Central Authority?

Under Law No. 6706, the Central Authority in Türkiye is the Ministry of Justice. The procedures are carried out by the Directorate General for Foreign Relations and the European Union.

The Ministry of Justice subjects the request to a preliminary review and may ask for additional information and documents where it considers this necessary. It may reject a request that does not meet the conditions without sending it to the High Criminal Court. A request that meets the necessary conditions is sent to the Chief Public Prosecutor's Office at the High Criminal Court with jurisdiction over the place where the person is located.

Which High Criminal Court has jurisdiction?

Under Article 15 of Law No. 6706, the High Criminal Court with jurisdiction over the place where the person is located has jurisdiction to decide on the extradition request. Where the person's location is not known, the Ankara High Criminal Court has jurisdiction.

The Chief Public Prosecutor's Office applies to the High Criminal Court for a decision on whether the extradition request is admissible.

At this stage the provisional detention file before the criminal judgeship of peace and the extradition proceedings before the High Criminal Court must not be confused. In the former, the temporary protection pending the arrival of the formal documents is assessed; in the latter, the legal conditions of the extradition are examined.

How do the extradition proceedings before the High Criminal Court run?

If the person does not accept the consensual extradition procedure, the High Criminal Court holds a hearing and examines, under Law No. 6706 and the applicable international treaties, whether the request is admissible.

The court does not re-examine the merits of the criminal case in the requesting country as a Turkish criminal court would. Nevertheless, it is obliged to review effectively the legal conditions of the request.

What is the criminal threshold for extradition?

Under Article 10 of Law No. 6706, where extradition is sought for the purpose of investigation or prosecution, the act concerned must be punishable under the law of both the requesting state and Turkish law by a maximum term of imprisonment of one year or more. Where extradition is sought for the enforcement of a final conviction, the term of imprisonment imposed must be at least four months.

Where several offences are requested together and at least one of them meets the required threshold, connected offences that fall below the threshold may be included in the extradition when the conditions are met. The defence should therefore examine each offence, the underlying conduct, the penalty threshold and the statute of limitations in a separate line.

The basic conditions the court will examine

• Whether the person sought is the correct person;
• Whether the charge or conviction meets the extradition threshold;
• Whether the act constitutes an offence both in the requesting state and in Türkiye;
• Whether the request is based on a valid arrest warrant or conviction;
• The statute of limitations, amnesty or the bar of res judicata;
• The political, military or thought-crime nature of the offence;
• The risk of discriminatory prosecution, torture or ill-treatment;
• The death penalty or a penalty incompatible with human dignity;
• Türkiye's jurisdiction to try the offence;
• Turkish citizenship;
• Disproportionate harm arising from personal and family circumstances;
• The guarantee of effective retrial in the case of a judgment rendered in absentia;
• The rule of specialty and the adequacy of the safeguards offered.

Can the court request additional information?

Yes. Where the documents sent by the foreign state are insufficient, the High Criminal Court may request additional information and documents within a reasonable period.

Where the deficiency concerns matters that affect the outcome, such as:

• The description of the facts;
• The personal participation of the person in the act;
• The validity of the arrest warrant;
• The calculation of the penalty and the statute of limitations;
• Retrial after a judgment in absentia; or
• Prison conditions or diplomatic assurances,

no decision to accept the request should be made until the deficiency has been remedied.

CJEU (Court of Justice of the European Union) Case Law and Its Effect on Transit Arrests and Turkey

In the extradition and provisional arrest relationships between the European Union and Türkiye, the precedent decisions of the Court of Justice of the European Union (CJEU, ABAD) have direct or indirect legal effect.

The Schengen Area and the CJEU Decision in WS v. Germany

Under the judgment of the CJEU Grand Chamber in WS v Bundesrepublik Deutschland (C-505/19), where a final judgment has been rendered for the same act under Article 54 of the Convention implementing the Schengen Agreement, arresting and detaining a person in the Schengen area and during transit on the basis of a Red Notice is unlawful. For persons travelling from Türkiye to EU or Schengen member states, or whose extradition from an EU member state to Türkiye is requested, the ne bis in idem bar must be raised as an absolute ground for refusal before the High Criminal Court.

EU Citizenship and the CJEU Petruhhin Doctrine

The judgments of the CJEU Grand Chamber in Petruhhin (C-182/15) and Pisciotti (C-191/16) extended, within the scope of the free movement rights of the European Union, the rule under which an EU member state does not extradite its own nationals to a third country (the nationality bar) to other EU citizens as well. Where an EU citizen is arrested in Türkiye and extradition to a third country is requested, the defence should raise as a specific defence point, before the High Criminal Court, whether the offer to transfer the proceedings to the EU state of origin was made and whether EU rules were violated.

In what circumstances can extradition not be accepted in Türkiye?

Under Article 11 of Law No. 6706, an extradition request is not accepted in particular in the following circumstances:

• The person is a Turkish citizen, except for obligations arising from being a party to the International Criminal Court.
• There is strong suspicion that the investigation, prosecution or punishment is based on race, ethnic origin, religion, citizenship, membership of a particular social group or political opinion, or that there is a risk of torture or ill-treatment.
• The act is a thought crime, a political offence or an offence connected with a political offence.
• The act is purely a military offence.
• The offence was committed against the security of the Turkish State, or against the Turkish State, a Turkish citizen or a Turkish legal entity.
• The act falls within the jurisdiction of Türkiye to prosecute.
• The offence is subject to the statute of limitations or has been covered by an amnesty.
• A previous acquittal or conviction for the same act has been rendered in Türkiye.
• The request concerns an offence that carries the death penalty or a penalty incompatible with human dignity.

Where the obstacle concerns the death penalty or the nature of the penalty, extradition may be accepted if the requesting state provides sufficient and reliable assurances. An assurance must not be an abstract diplomatic sentence; it must be authorised, enforceable, monitorable and reliable in the light of the practice of the country.

Can a personal or family situation be a ground for refusal?

Where, owing to the person's age at the date of the request (being under 18), his or her long residence in Türkiye, marriage, serious health condition, the best interests of the children and similar personal circumstances, extradition would cause the person or the family harm disproportionate to the gravity of the act, the request may not be accepted.

This assessment is not automatic. The seriousness of the charge, family ties in Türkiye, care obligations, medical reports, settled life and the circumstances in the requesting state must be documented together.

Can a Turkish citizen be arrested on a Red Notice and extradited?

Under Article 38 of the Constitution of the Republic of Türkiye and Article 11(1)(a) of Law No. 6706, a Turkish citizen may not be extradited to a foreign state for an offence, except for obligations arising from being a party to the International Criminal Court.

However, this rule does not mean that:

• The Red Notice has been automatically deleted;
• The national arrest record has disappeared;
• Travel to a third country is safe; or
• No investigation can be conducted in Türkiye for the act.

Where citizenship is disputed, the date of acquisition, dual citizenship, identity records and the validity of the citizenship must be established by official documents.

How is a political offence and a human rights defence conducted?

Simply stating that "the file is political" or that "there is a risk of torture" is not enough. The defence must be built on person-specific and up-to-date information.

Important indicators of political character

• The person's political or public profile;
• The time relationship between the charge and political activity;
• The requesting state's practice of using charges against opponents;
• The absence of ordinary criminal elements from the description of the facts;
• Asylum or extradition refusal decisions in other countries;
• The predominance of the political element under Article 3 of the INTERPOL Constitution.

Important documents for the risk of torture and ill-treatment

• Medical reports on previous detention and torture;
• Records of threats or ill-treatment directed at the person;
• Current official or international reports on prison and interrogation conditions;
• Practices directed at persons in the same group;
• A refugee or international protection decision;
• Person-specific findings of the ECtHR, UN bodies or the courts of other states.

A general country report may not be considered sufficient on its own unless it is linked to a personal risk.

What is consensual extradition?

Where the person expressly consents to extradition, the classic extradition procedure may be shortened. The High Criminal Court must explain to the person his or her rights under the Code of Criminal Procedure, the nature of consensual extradition and its legal consequences, and must record the declaration made on free will in the minutes.

Consent does not mean that the court will not examine the legal conditions at all. The court still decides on the admissibility of the extradition request. An objection may be made against that decision; enforcement is subject to the approval of the Central Authority.

Which risks must be explained before consent is given?

• The effect of giving up the defences available in the ordinary extradition proceedings;
• Whether the rule of specialty applies and whether it has been waived;
• The detention and trial conditions in the requesting state;
• The possibility of proceedings for other offences;
• Asylum, the prohibition of return and human rights claims;
• The applicable treaty provisions on whether consent can be withdrawn.

Consent given without understanding its consequences, without an interpreter or without a lawyer may cause serious loss of rights.

How is detention supervised in the High Criminal Court?

Under Article 16 of Law No. 6706, the High Criminal Court may order protective measures under the Code of Criminal Procedure at every stage of the extradition process.

Where the person is in detention:

• Detention must be reviewed at intervals of no more than 30 days;
• At each review, the current necessity of detention and the option of judicial control must be justified;
• Total detention may not exceed the period of the sentence that may be or has been imposed for the offence on which the extradition request is based;
• If, within one year after the High Criminal Court's decision on admissibility becomes final, no extradition decision is made under Article 19 of Law No. 6706, the protective measures are lifted.

Why is the AYM decision in Samira Alakbarova important?

In its judgment of February 22, 2022 in Samira Alakbarova, application no. 2018/19302, the Constitutional Court examined the detention of about one year and two months in the extradition process. It found a violation of the right to liberty and security because detention had not been effectively reviewed at intervals of no more than 30 days, the delays had not been explained, and the possibility of judicial control had not been sufficiently assessed.

The practical effect of the judgment is this: the existence of an extradition file does not by itself justify long detention. The authorities must act with particular diligence and consider at each stage whether a lighter measure would be sufficient.

Why is the ECtHR decision in M.C. v. Türkiye important?

In its judgment of June 4, 2024 in M.C. v. Türkiye, application no. 31592/18, the European Court of Human Rights examined provisional detention and the extradition process based on a Red Notice published through the Russian NCB and on an arrest decision issued in absentia.

The judgment shows that a Red Notice cannot be regarded as an independent legal basis for deprivation of liberty; detention must be lawful, foreseeable, reviewable and free from arbitrariness within the meaning of Turkish law and the safeguards of Article 5 of the ECHR. The ECtHR does not replace the extradition court or delete the Red Notice; it reviews whether the deprivation of liberty complies with the Convention.

What decision does the High Criminal Court make?

The court decides not whether the person is guilty, but whether the extradition request is admissible.

• If the request is found inadmissible, extradition is blocked by a judicial obstacle and the protective measures are reassessed.
• If the request is found admissible, the decision does not mean immediate surrender on the same day; the appeal stage and the administrative and political decision stage continue.

In extradition proceedings, a victim of the offence or a third party may not apply to join as a participant.

What happens if several states request the same person?

Where extradition requests for the same person arrive from more than one state, the Central Authority determines which request will be processed first. In the assessment, particular account is taken of the gravity of the offences and the place where they were committed, the order in which the requests were received, the person's nationality, and the possibility of later re-extradition to another state.

A priority decision does not mean that the other request has definitively ceased to exist. For the first extradition and any possible re-extradition, the rule of specialty, Türkiye's consent and the relevant treaties must be examined separately.

Which appeal remedy is available against the decision of the High Criminal Court?

In the ordinary extradition proceedings, where the person has not consented, an appeal to the Court of Cassation may be lodged against the decision of the High Criminal Court. Article 18(4) of Law No. 6706 requires the Court of Cassation to conclude the appeal within three months.

On appeal, the following may in particular be raised:

• A decision given with incomplete documents;
• Incorrect assessment of double criminality and the penalty threshold;
• Superficial examination of the human rights risk;
• Unreasoned rejection of the political character defence;
• Disregard of Turkish citizenship or of Türkiye's jurisdiction;
• Failure to discuss the concrete reliability of the guarantees;
• Disproportionality of detention.

In the consensual extradition procedure, an objection is provided for under Article 17(3) of Law No. 6706 against the decision on admissibility.

If the court finds extradition admissible, is the person surrendered immediately?

No. Once the decision of the High Criminal Court on admissibility becomes final, the administrative and political stage under Article 19 of Law No. 6706 is carried out.

Enforcement of the decision is subject to:

• The opinion of the Ministry of Foreign Affairs;
• The opinion of the Ministry of the Interior;
• The proposal of the Minister of Justice; and
• The approval of the President of the Republic.

This structure shows that the court determines whether extradition is legally possible, while the executive authorities assess the inter-state and administrative aspects within the framework of a final judicial decision.

The Central Authority informs the requesting state and the person sought of the outcome.

How does the surrender stage work?

After extradition has been approved, the date and method of surrender are coordinated with the state concerned. If the requesting state does not take custody of the person on the agreed date without a justified reason, the protective measures ordered by the court are lifted 30 days after that date.

Where the person is subject to a criminal investigation, prosecution or a prison sentence to be enforced in Türkiye for another offence, or cannot travel for health reasons, the Central Authority may postpone the surrender.

The rule of specialty and the examination of diplomatic assurances

Under the rule of specialty, a person extradited may, as a rule, be prosecuted only for the acts on which the extradition decision is based, or only the sentence relating to those acts may be enforced. Proceedings for other acts may require an exception under the relevant treaty or the consent of Türkiye.

Before surrender, the defence should clarify in writing:

• The offences permitted and the referral provisions;
• Any possible change in the legal characterisation of the offence;
• The risk of re-extradition;
• Whether the assurances given can be monitored by independent international bodies;
• Whether the rule of specialty has been waived.

Diplomatic assurances given by the requesting state (on prison conditions, a commitment that no ill-treatment will be applied, and so on) should be reviewed before the High Criminal Court against the criteria of the ECtHR in Othman (Abu Qatada); abstract commitments should be regarded as insufficient.

How does extradition differ from deportation and administrative detention?

No. Extradition is the judicial and administrative process by which a person sought by a foreign state for criminal investigation, prosecution or enforcement of a sentence is surrendered. Deportation is a migration law measure under Law No. 6458 on Foreigners and International Protection. Administrative detention is also a restriction of liberty separate from criminal or extradition detention.

Under Article 12 of Law No. 6706:

• A foreigner may not be deported during the extradition process without the opinion of the Central Authority being obtained.
• A person may not be deported to a state whose extradition request has been rejected without the opinion of the Central Authority being obtained.

De facto extradition: the barrier after a refused extradition

Where the request for extradition has been rejected by the High Criminal Court or by administrative authorities, but the person is referred to a removal centre and an attempt is made to deport him or her under Law No. 6458, this constitutes "de facto extradition".

Where, after the High Criminal Court has issued its rejection, a deportation decision to the requesting state is taken by a decision of the Ministry of the Interior or the Directorate General of Migration Management, the absolute "prohibition of return" under Article 55 of Law No. 6458 must be invoked and an urgent interim measure application must be lodged with the Constitutional Court.

Can administrative detention begin when extradition detention ends?

The migration authority may order administrative detention on the ground that it has a separate legal reason. That decision is not an automatic continuation of extradition detention; it is subject to the conditions, time limits, notification and judicial control by the criminal judgeship of peace under Law No. 6458.

The lawyer should record in writing at all times the status under which the person is held and under which decision. The transition between a record stating "released" and being physically taken to a removal centre must also be separately monitored.

Does an application for international protection stop the extradition process?

International protection or refugee status is very important, particularly with regard to the risk of return to the country of origin. However, in every case and at every stage it should not be regarded as the single measure that mechanically halts the extradition file.

The following must be examined together:

• Which country the application or status provides protection against;
• Whether the application is pending or has been accepted;
• The scope of the prohibition of return;
• The relationship of the exclusion provisions for criminal charges to the protection;
• The personal risk documents submitted to the extradition court;
• The interim measure processes before the administrative courts and the Constitutional Court.

An application for protection does not automatically delete the Red Notice or diffusion. For the INTERPOL record, a separate CCF process must be conducted.

Does a CCF application against a Red Notice or diffusion stop the process in Türkiye?

No. An application to the Commission for the Control of INTERPOL's Files (CCF) for access, correction or deletion does not automatically stop:

• The arrest before a Turkish court;
• The extradition proceedings;
• The review by the Court of Cassation; or
• The migration or deportation procedure.

However, a decision that has been submitted to the CCF or received from the CCF must be notified immediately to the Turkish authorities. If INTERPOL data is deleted, the international basis and currency of the record change; nevertheless, the national arrest warrant and the formal extradition request in the source country are assessed separately.

CCF interim measures (Operating Rules, Article 34) strategy

While the extradition proceedings in Türkiye are continuing, where there is a risk of irreparable harm during another transit journey or during detention, interim measures may be requested from the CCF under Article 34 of the CCF Operating Rules, so that the visibility of the Red Notice may be temporarily suspended. When this decision is submitted to the Turkish court, it increases the chances of release under judicial control.

The defence in Türkiye and the CCF application must be framed consistently on the same facts and documents.

What should be done at the time of arrest and in the first 72 hours?

The first hours

• Contact a lawyer practising in extradition and criminal law.
• No substantive statement or consent should be given without an interpreter being provided.
• The type of record, the source state, the file number and the arrest warrant should be established.
• The start time of the arrest and the time before the person is brought before a judge should be recorded.
• Where there is confusion about identity, biometric and official documents should be submitted.
• Health, medication and special needs should be recorded in the minutes.

The first 24 hours

• An objection to the conditions of provisional detention should be prepared.
• It should be shown with concrete documents why judicial control would be sufficient.
• Evidence of a fixed residence in Türkiye, family, work, health and indicators of not fleeing should be submitted.
• The risks in the source country and any protection status should be notified.
• No consent should be given before the consequences of consensual extradition are understood.

The first 72 hours

• The criminal file and the arrest warrant should be obtained from a lawyer in the source country.
• A CCF strategy should be set up for the content of the Red Notice and diffusion.
• The time limit under SİDAS, the bilateral treaty or reciprocity should be calculated.
• A document plan addressing the obstacles to extradition should be prepared.
• The migration status and the possible risk of administrative detention should be examined separately.
• Detention and objection time limits should be scheduled.

Which documents are important in the defence?

Identity and citizenship

• Passports and identity documents;
• Records of acquisition of Turkish citizenship or of birth;
• Dual citizenship documents;
• Name change and transliteration records.

Source criminal file

• The arrest warrant, indictment and reasoned decision;
• Acquittal, discontinuance, dismissal or enforcement documents;
• The judgment in absentia and the retrial provisions;
• Calculation of the statute of limitations and the remaining sentence;
• The material description of the offence and information on personal participation.

Human rights and political character

• Refugee or international protection decisions;
• Extradition refusal decisions by other states;
• Person-specific threat and ill-treatment documents;
• Medical and forensic medicine reports;
• Relevant sections of reliable international reports;
• Records showing political activity and a link to the prosecution.

Judicial control and proportionality

• Residence and housing documents in Türkiye;
• Family ties and persons for whom the person has a duty of support;
• Work, company, tax and social security records;
• Health and treatment documents;
• The possibility of providing a security and of signing regularly.

Process table

Common mistakes

• Taking a Red Notice to be an international arrest warrant.
• Assuming that a diffusion will not create a risk of arrest.
• Accepting consensual extradition without an interpreter.
• Confusing the time limit for provisional detention with detention during the extradition proceedings.
• Failing to check the applicable treaty and the time limit.
• Failing to present the judicial control option with concrete documents.
• Basing the human rights risk only on a general country report.
• Thinking that Turkish citizenship automatically erases the records.
• Assuming that a CCF application stops the process in Türkiye.
• Failing to monitor administrative detention and de facto extradition risk after a refusal of extradition.
• Failing to put the rule of specialty and diplomatic assurances in writing before surrender.

How does Güneş & Güneş Law Firm work on these files?

In Turkish cases involving a Red Notice or diffusion, the decisions taken in the first hours can be decisive for the length of the loss of liberty and the risk of extradition. Güneş & Güneş Law Firm assesses the INTERPOL record, the Turkish extradition proceedings, the criminal file in the source state and the migration procedures together.

Concrete legal work provided to clients

• Intervention in the police, prosecution and judicial process at the time of arrest;
• Analysis of the type of record, identity match and the source arrest warrant;
• Preparation of an objection to provisional detention and a request for judicial control;
• Monitoring of the time limits under SİDAS, bilateral treaties and Law No. 6706;
• Extradition defence and submission of evidence before the High Criminal Court;
• Defence on human rights, political offence, citizenship, statute of limitations and res judicata;
• Building an international legal shield under the case law of the CJEU (Petruhhin/WS) and the ECtHR;
• Examination of guarantees and the conditions of trial in absentia;
• Preparation and follow-up of the appeal to the Court of Cassation;
• Simultaneous conduct of the CCF access, correction, deletion and interim measure (Article 34) applications;
• Coordination of the criminal file and documents with lawyers in the source state;
• Separate management of the international protection, administrative detention and de facto extradition processes;
• Follow-up of the updating of national records after a refusal of extradition or CCF deletion.

Güneş & Güneş Law Firm has been providing legal services in Turkish, English, German and Russian since 1999, based in Antalya and working in the 81 provinces of Türkiye and in cases with international connections. No guarantee of outcome is given; the competent authorities, time limits, defence options and risks are determined on the basis of the concrete file.

Frequently asked questions

If there is a Red Notice, will I definitely be arrested when I enter Türkiye?

No definite result can be stated. The type of record, its visibility, the actions of the Ministry of Justice and the Ministry of the Interior, the identity match and national instructions are all important. Because of the risk of arrest, a file-specific review should be carried out before travel.

Can I be detained in Türkiye because of a diffusion?

If a Wanted Person Diffusion for arrest purposes exists, and the conditions under Law No. 6706 and the applicable treaty are met, the process of provisional detention may begin. A diffusion should not be regarded as a mere information note.

Is a Red Notice alone sufficient for detention?

A Red Notice is not a detention order of a Turkish court. The Turkish authorities must separately examine the legal basis, the request of the foreign state, the action of the Central Authority, the offence and the state of suspicion, and proportionality.

How many days does provisional detention last?

It depends on the applicable treaty. Under SİDAS the formal documents must arrive within a framework of 18 to 40 days; in the case of reciprocity, Law No. 6706 provides a maximum of 40 days. A bilateral treaty may provide for a different period.

If the extradition documents do not arrive, will I be released?

If the documents do not arrive within the time limit, the provisional detention or judicial control must be lifted. However, if the documents arrive later, a new protective measure may be requested; the Red Notice is also not deleted automatically.

Can a Turkish citizen be extradited to a foreign country?

Under the Constitution, Article 38, and Law No. 6706, a Turkish citizen may not be extradited to a foreign state for an offence, except for obligations arising from being a party to the International Criminal Court.

If the High Criminal Court decides on extradition, am I surrendered immediately?

No. The decision is subject to appeal. After it becomes final, the opinions of the Ministry of Foreign Affairs and the Ministry of the Interior, the proposal of the Minister of Justice and the approval of the President of the Republic are required.

Can I request judicial control against extradition detention?

Yes. A lighter measure may be argued for with concrete documents at both the provisional detention stage and the High Criminal Court stage.

If the CCF deletes the record, does the extradition file close?

It does not close automatically. The CCF decision is submitted to the Turkish authorities and affects the basis of the record; however, the arrest warrant in the source state, the formal extradition request and the Turkish court file are assessed separately.

Can I be deported after my extradition request has been rejected?

Under Article 12 of Law No. 6706, a deportation to the state whose extradition request has been rejected cannot be carried out without the opinion of the Central Authority. Nevertheless, against the risk of de facto extradition, the constitutional interim measure route under the prohibition of return in Article 55 of Law No. 6458 should be launched immediately.

Conclusion

A Red Notice or Wanted Person Diffusion may create a serious risk of arrest and extradition in Türkiye; however, these records alone are not decisions to detain or to surrender.

The process that begins in Türkiye with provisional detention requires the formal extradition documents to arrive within specified periods, the Ministry of Justice to conduct its preliminary review, the High Criminal Court to hold its admissibility proceedings, an appeal and a final decision, and the approval of the executive authorities after finality.

The defence is not limited to objecting to the INTERPOL record. Provisional detention, judicial control, obstacles to extradition, CJEU and ECtHR case law, human rights, the source file, CCF interim measures, migration status and the risk of de facto extradition must be managed within one comprehensive strategy.

Final legal conclusion: A person arrested in Türkiye on the basis of a Red Notice or diffusion is not extradited automatically; every restriction of liberty and every surrender must rest on a separate, current and reviewable decision made within Law No. 6706, the applicable treaty, the Code of Criminal Procedure, the case law of the CJEU and the ECtHR, and human rights safeguards.

Privacy and legal notice

Information and documents shared with Güneş & Güneş Law Firm are used only for legal assessment and the provision of services; they are protected under the rules on lawyer–client confidentiality, the duty of confidentiality and the legislation on the protection of personal data.

This article is for general legal information. It does not constitute a legal opinion or a guarantee of outcome without examination of the source country, the applicable treaty, the type of record, the arrest warrant, the citizenship of the person, the status of protection and current documents in the concrete case.

Official, judicial and academic sources

Official Turkish sources

• Ministry of Justice — General Information on Extradition of Fugitives: The Central Authority and the general structure of extradition.
• Ministry of Justice — Türkiye as the Requested State: Application of Red Notices/diffusions, provisional detention, High Criminal Court proceedings and consensual extradition.
• Ministry of Justice — Red Notice, Diffusion Message and Blue Notice: The function of notices in Turkish practice.
• Ministry of Justice — Legal Bases of the Extradition Process: Law No. 6706, SİDAS, bilateral treaties and reciprocity.
• Law No. 6706 on International Judicial Cooperation in Criminal Matters — UYAP Legislation: In particular Articles 10–22.
• Code of Criminal Procedure — UYAP Legislation: Arrest, detention, judicial control, defence counsel and interpreter safeguards.
• Constitution of the Republic of Türkiye: Articles 19, 36, 38 and 40.
• European Convention on Extradition — Ministry of Justice: Provisional detention and extradition conditions and access to the additional protocols.
• Ministry of Justice Circular No. 184 — 20.11.2024: Current practice principles to be followed by judicial authorities in extradition procedures.

INTERPOL official sources

• INTERPOL — Red Notices: The purpose of Red Notices and the fact that they are not an international arrest warrant.
• Rules on the Processing of Data: The legal conditions of Red Notices and diffusions.
• CCF — How to Submit a Request: Application for access to, correction and deletion of INTERPOL data.
• CCF Operating Rules — March 26, 2026: The interim measures procedure under Article 34.

Judicial decisions

• Constitutional Court, Samira Alakbarova, Application No. 2018/19302, February 22, 2022: Regular review of detention in the extradition process, due diligence and judicial control.
• Constitutional Court, S.K. [GC], Application No. 2018/24280, March 17, 2021: Lawfulness of detention in extradition proceedings and personal liberty safeguards.
• ECtHR, M.C. v. Türkiye, Application No. 31592/18, June 4, 2024: Review under Article 5 of the ECHR of provisional detention based on a Red Notice and the extradition process.
• ECtHR, Liu v. Poland, Application No. 37610/18, October 6, 2022: Independent and up-to-date review of the risk of ill-treatment in extradition.
• ECtHR, Othman (Abu Qatada) v. the United Kingdom, Application No. 8139/09, January 17, 2012: Concrete review of diplomatic assurances and the risk of an unfair trial.
• CJEU Grand Chamber, WS v Bundesrepublik Deutschland, C‑505/19, May 12, 2021, EU:C:2021:376: Red Notices, provisional arrest, ne bis in idem and Schengen data-processing principles.
• CJEU Grand Chamber, Petruhhin, C-182/15, September 6, 2016, EU:C:2016:630: EU citizenship, free movement protection and obstacles to extradition.
• CJEU Grand Chamber, Pisciotti, C-191/16, April 10, 2018, EU:C:2018:222: Equal treatment in the extradition of EU citizens and the principles of transfer of proceedings.

Academic sources

• Can Canpolat, “Extradition of Foreigners: An Examination of the Conditions for Extradition from Türkiye to a Foreign State”, Journal of the Turkish Justice Academy, Year 11, Issue 43, July 2020, pp. 321–350.
• Machiko Kanetake, “INTERPOL’s Red Notices: Human Rights Safeguards for Targeted Individuals”, AJIL Unbound, Vol. 120, 2026, pp. 17–22.

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