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
A person may be stopped, questioned, or detained by Turkish authorities or by authorities in another country while travelling.
Extradition risk
If the requesting country submits a formal request, the case may move into Turkish extradition proceedings.
Travel problems
International travel may become unsafe. The person may be stopped at airports, refused entry, or detained during transit.
Immigration consequences
Residence permits, visas, citizenship applications, and border-entry decisions may be affected.
Banking and asset issues
Banks and compliance departments may react to INTERPOL-related information, media reports, or criminal allegations. This may lead to account freezes, transaction delays, or requests for explanation.
Reputation damage
Even if the case is politically motivated or unsupported, a Red Notice can damage a person’s professional reputation, business relationships, and family life.
Document problems
Passport renewal, residence documents, visas, and other official applications may become more difficult if the person is linked to a foreign criminal request.
Protection against extradition in Turkey
Extradition in Turkey is governed by domestic law, international agreements, and court review. The existing page correctly notes that Turkish extradition matters can involve Law No. 6706 and that a court finding may be followed by review by the Ministry of Justice and approval at the executive level .
Extradition is not automatic. A person may be able to challenge extradition on several grounds.
Turkish nationality
Turkey generally does not extradite its own citizens, except in limited situations such as obligations connected to the International Criminal Court. This issue must be reviewed carefully in each case.
Double jeopardy
Extradition may be opposed if the person has already been finally acquitted or convicted for the same conduct.
Political motivation
A request may be challenged where the case is political, abusive, or used to punish opposition activity, public criticism, journalism, activism, or business conflict with state-linked actors.
Human rights risks
Extradition may be refused where the person faces torture, inhuman treatment, unfair trial, discriminatory prosecution, or unsafe prison conditions in the requesting country.
Death penalty or punishment incompatible with human dignity
If the person may face the death penalty or treatment incompatible with human dignity, the request requires especially careful legal challenge.
Lack of dual criminality
The alleged conduct should normally be criminal both in Turkey and in the requesting country.
Limitation periods
If the prosecution or sentence is time-barred, this may be a ground for refusal.
Insufficient evidence or defective documents
Missing warrants, unclear identity evidence, weak case summaries, or procedural defects can affect the legality of the request.
After an extradition request is received, the person has the right to legal representation and the opportunity to present evidence and arguments against surrender. This can include court documents, political background materials, human rights reports, medical records, asylum evidence, or proof that the request is abusive.
Extradition between Turkey and other countries
Turkey is involved in extradition and international legal cooperation with many countries. The legal position depends on the requesting state, the treaty or convention relied on, the alleged offence, the person’s nationality, and whether Interpol data is involved.
A treaty does not guarantee extradition. It only creates a legal route for the request to be considered. Turkish courts and authorities must still examine the case.
Common issues include:
- seriousness of the offence;
If an Interpol Red Notice exists, the defence should look at both the extradition request and the INTERPOL data. Sometimes the best strategy is to challenge both at the same time.
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.
