Clearing Red Notice in Turkey
The process of removing a red notice in Turkey involves several steps. The main goal is to prove that the notice was issued on unfair grounds or violates the rights of the individual.
A person who has become the subject of a Red Notice can submit a request for its review to the Interpol’s Commission for the Control of Files (CCF). This is an independent body that examines human rights violations and assesses the legitimacy of issuing a Red Notice.
Reasons for removing a red notice include:
- Insufficiency or inadmissibility of evidence;
- The notice was issued for political reasons.
- Violation of fundamental human rights (the right to a fair trial, freedom of movement, and others);
- No double jeopardy;
- Discrimination based on race, religion, and other characteristics;
- Violation of Interpol rules.
The process of removing a red notice requires careful preparation of documents and evidence. Lawyers prepare arguments and evidence that the notice was issued on fair grounds or violates the client’s rights.
After reviewing the case, the Commission decides whether to remove or keep the red notice. If the decision is positive, the red notice is deleted from Interpol’s database, and the individual is no longer subject to international search.
Our lawyers have extensive experience in handling red notice removal cases and will help prepare the necessary documents, gather evidence, and ensure effective communication with Interpol.
How long does it take to remove red notices in Turkey?
The process of removing an Interpol red notice in Turkey can take anywhere from a few months to several years, depending on the complexity of the case and the number of legal procedures involved.
Preparing and submitting a request for removal can take up to 1-3 months. The Interpol Commission’s review of the request typically lasts 6-9 months. The duration of the process is influenced by many factors: the incompleteness of the evidence, the political situation between countries, the complexity of the legal issue, among others.
To speed up the process, it’s crucial to turn to experienced attorneys who specialize in international law and issues related to the removal of red notices. Our lawyers will help prepare all necessary documents, minimize delays, and ensure your interests are properly represented in dealings with Interpol.
Difficulties with Red Notices in Turkey
A red notice can cause significant difficulties for individuals subject to it:
Restriction of freedom
An individual may be detained by law enforcement agencies in Turkey or other countries as soon as they attempt to cross the border or enter the territory of another state.
Freezing bank accounts
The individual will lose access to their funds and assets, leading to serious financial problems.
Restrictions on issuing documents
Denial of obtaining or renewing important documents, such as a passport, visa, or residency permit.
Protection against extradition in Turkey
Law No. 6707 outlines a number of circumstances under which extradition cannot be carried out:
- The criminal is a citizen of Turkey, except for cases involving the International Criminal Court (Article 11/1-a of Law No. 6706).
- The criminal had previously been acquitted or convicted in Turkey for an act that is the subject of the request (Article 11/1-a of Law No. 6706);
- The extradition request pertains to crimes punishable by the death penalty or punishment incompatible with human dignity (Article 11/1-d of Law No. 6706).
- The suspect in question is under the age of 18, has lived in Turkey for a long time, and is either married or has children who are Turkish citizens.
After receiving an extradition request, the case is transferred to court. The individual has the right to legal representation and the opportunity to present evidence that may obstruct extradition. Please note:
- Political motives behind the request;
- Risks to life or health in the country requesting extradition;
- Violation of basic human rights.
In Turkey, there’s an option to appeal an extradition request. An appeal can be filed in the national courts if the request violates international standards or the country’s national evidence. The appeals process may include further analysis of evidence and legal arguments.
The final decision is made by the Turkish Ministry of Justice after considering all legal aspects and court decisions. The Minister of Justice has the right to deny extradition if there are grounds for protecting the individual’s rights.
If you’re facing the threat of extradition, our experts are ready to provide legal support at every stage of the process. Reach out to us for professional legal advice.
Extradition between Turkey and other countries
Extradition between Turkey and other countries is governed by international agreements and bilateral treaties. Turkey is an active participant in international legal cooperation, especially within Interpol and other international organizations. Turkish courts and the Ministry of Justice play a key role in making final decisions on extradition.
Extradition Treaty between Turkey and the People’s Republic of China
The agreement between Turkey and China governs the process of transferring suspects or convicted individuals between the countries, providing a legal basis for extradition. Extradition is carried out based on an official request, which is reviewed by the Ministry of Justice and the courts of both countries. Extradition is only possible for crimes that are considered criminal offenses in both countries.
Extradition Treaty between Turkey and the USA
The extradition treaty between Turkey and the U.S. is a key element of cooperation between the countries in combating international crime. After judicial proceedings, the final decision on extradition is made by the government.
The agreement stipulates that individuals accused of political crimes cannot be extradited. Additionally, extradition may be denied if there’s a risk of human rights violations (such as torture, unfair trials, or political persecution).
Extradition treaty between Turkey and the United Kingdom
The extradition treaty between Turkey and the United Kingdom has been established to strengthen legal cooperation and ensure the inevitability of punishment for crimes. It sets out the legal framework and procedures for transferring individuals between the two countries.
The agreement lists crimes and sets criteria for the severity of offenses, such as minimum sentences and others. Turkey does not extradite its citizens, except for investigations by the International Criminal Court. The UK extradites its citizens in accordance with established legal procedures and safeguards. Additionally, the UK requires assurances that the death penalty will not be applied, as it has been abolished in that country.
The extradited individual can only be held accountable for the crimes for which they were extradited. If the person has already been convicted or acquitted of the same crime in the requesting country, extradition does not proceed.
Looking for legal advice?
If you or your loved ones have encountered a red notice from Interpol or the threat of extradition in Turkey, it’s crucial to seek professional legal assistance as soon as possible. Situations like these require a swift and qualified response. Our attorneys, with years of experience in international law, are ready to help you protect your rights.
We provide comprehensive legal support, including challenging extradition requests, defending against Interpol red notices, and court representation. Trust our professionalism and experience to handle complex legal issues.
We’re well-versed in legal procedures in Turkey and have a successful track record of handling complex cases. We guarantee complete confidentiality and adherence to high standards of legal ethics.
Time is of the essence in extradition matters. The sooner you reach out to us, the more options we will have to protect your rights and freedoms.
