An INTERPOL notice concerning a person who is living in, visiting or travelling through Turkey may have serious legal consequences, particularly where the notice is connected with an arrest warrant or an extradition request issued by another country. However, an INTERPOL Red Notice is not an international arrest warrant, and the existence of a notice does not automatically mean that a person will be arrested or extradited from Turkey.
Cases involving INTERPOL require the interaction of several different legal systems: INTERPOL's own rules, the criminal proceedings in the requesting country, Turkish criminal procedure and Turkish extradition law. For this reason, the role of an INTERPOL lawyer in Turkey is not limited to checking the existence of a Red Notice. The underlying criminal case, the legal basis of the notice, the possibility of provisional arrest in Turkey, the extradition procedure and, where appropriate, an application before the Commission for the Control of INTERPOL's Files (CCF) must be examined together.
This article provides an overview of INTERPOL Red Notices, diffusions and other notices, their possible consequences in Turkey, extradition proceedings and the legal remedies available to persons whose information is processed through INTERPOL.
INTERPOL—the International Criminal Police Organization—is an international organization that facilitates cooperation and the exchange of criminal information between law enforcement authorities in its member countries.
INTERPOL does not function as an international police force with independent powers to arrest individuals. It does not conduct arrests in Turkey, issue national arrest warrants or decide whether a person must be extradited.
Instead, member countries exchange information and requests for police cooperation through INTERPOL's systems.
One of the best-known mechanisms is the INTERPOL Notice system.
INTERPOL currently uses several categories of notices, including:
Red Notice: to seek the location and arrest of a wanted person for prosecution or the enforcement of a sentence;
Blue Notice: to obtain additional information regarding a person's identity, location or activities in connection with a criminal investigation;
Green Notice: to provide warnings concerning a person's criminal activities where that person is considered a possible threat to public safety;
Yellow Notice: generally used to locate missing persons or identify persons unable to identify themselves;
Black Notice: to obtain information regarding unidentified bodies;
Orange Notice: to warn about serious and imminent threats to public safety;
Purple Notice: to exchange information regarding criminal methods, objects, devices and concealment techniques.
INTERPOL has also introduced the Silver Notice on a pilot basis for the identification and tracing of criminal assets.
For criminal defence practice, however, Red Notices and red diffusions are particularly important because they may ultimately lead to the person's provisional arrest and the commencement of extradition proceedings.
No.
This is one of the most important distinctions in INTERPOL cases.
According to INTERPOL, a Red Notice is a request to law enforcement authorities around the world to locate and provisionally arrest a person pending extradition, surrender or similar legal proceedings. It is not itself an international arrest warrant.
The person is wanted by the requesting country or, in certain cases, by an international tribunal. Each INTERPOL member country determines the legal consequences of the notice according to its own domestic law.
Therefore, the existence of a Red Notice should not be confused with a Turkish court issuing an arrest warrant.
This distinction becomes particularly important when a person subject to a Red Notice enters or is located in Turkey.
The existence of a Red Notice may result in the Turkish authorities becoming aware that another country is seeking the person.
However, the legal process in Turkey involves more than simply executing the foreign request automatically.
Under the practice described by the Turkish Ministry of Justice, Red Notices and diffusions concerning persons believed to be in Turkey are transmitted by the Ministry of Interior to the Ministry of Justice for examination.
The Ministry of Justice evaluates, among other matters, whether the alleged offense is suitable for extradition and whether the available information provides sufficient grounds for further action. Where the relevant requirements are considered to be satisfied, the authorities may request that the person be brought before the competent judicial authorities if located in Turkey.
This means that a Red Notice can have very serious consequences in Turkey, but arrest is not an automatic legal consequence merely because a Red Notice exists.
The particular circumstances of the notice and the extradition request must be examined under Turkish law.
Where a person subject to an international search request is located in Turkey, provisional arrest may become an important part of the extradition process.
According to the Turkish Ministry of Justice, when the person is apprehended, he or she is brought before the competent public prosecutor.
The prosecutor may then request:
provisional detention;
judicial control measures; or
depending on the circumstances, no custodial measure.
The competent criminal judgeship may examine the offence, the evidence and the relevant documentation and decide whether the person should be provisionally detained, placed under judicial control or released.
This stage can be particularly important for the defence.
The existence of an INTERPOL record should not prevent the defence from examining whether the requirements for detention under Turkish law are actually satisfied.
Depending on the circumstances of the case, issues such as the legal nature of the foreign request, the seriousness of the offence, available evidence, risk of absconding, the person's residence and family connections in Turkey, and the proportionality of detention may become relevant.
Where judicial control measures would be sufficient, the defence may also argue against continued detention.
Another important distinction is between an INTERPOL Red Notice and an extradition request.
The Red Notice is an international police cooperation mechanism.
Extradition, by contrast, is a legal process through which one state requests another state to surrender a person for criminal prosecution or for the enforcement of a sentence.
Consequently, even where a Red Notice exists, the requesting country must normally pursue the necessary extradition procedure if it wishes to obtain the surrender of the person from Turkey.
In Turkey, the principal domestic legislation governing extradition is Law No. 6706 on International Judicial Cooperation in Criminal Matters.
The Turkish Ministry of Justice acts as the Central Authority in international judicial cooperation matters. The applicable framework may also include bilateral extradition treaties, multilateral conventions and, where relevant, principles of reciprocity and international law.
Therefore, an INTERPOL case in Turkey should generally be analysed on two separate levels:
First: Is the INTERPOL notice or diffusion valid under INTERPOL's own rules?
Second: Even if the INTERPOL information remains valid, are the legal requirements for extradition from Turkey satisfied?
The answers to these questions are not necessarily the same.
Where a formal extradition request is transmitted to Turkey and accepted for further processing by the Central Authority, judicial proceedings may follow.
If the requested person does not consent to simplified extradition, the competent High Criminal Court (Ağır Ceza Mahkemesi) holds a hearing and determines whether the extradition request is legally admissible under Law No. 6706 and the applicable international agreements.
The Turkish court does not simply decide whether an INTERPOL Red Notice exists.
The extradition request itself must comply with the applicable legal requirements.
The underlying offense, nationality of the requested person, applicable treaty provisions, possible grounds for refusal, procedural guarantees and the circumstances of the foreign proceedings may therefore become central issues in the defence.
A person who is the subject of an extradition request should consequently obtain legal advice concerning the Turkish extradition proceedings independently of any challenge made before INTERPOL.
A diffusion is another mechanism through which member countries exchange information using INTERPOL's communication channels.
Unlike a Notice, which is issued by the INTERPOL General Secretariat following a request from a National Central Bureau, a diffusion is circulated directly by one country's National Central Bureau to all or selected other member countries.
INTERPOL states that diffusions correspond broadly to its colour-coded notice system and remain subject to INTERPOL's Constitution and Rules on the Processing of Data.
A red diffusion may request the arrest, detention or restriction of movement of a wanted person.
The Turkish Ministry of Justice also expressly recognises both Red Notices and diffusion messages within Turkey's extradition framework.
For this reason, checking only whether a person's name appears in the public Red Notice database may not always provide a complete picture.
INTERPOL maintains a public database containing certain Red Notices.
However, not every Red Notice is publicly available.
INTERPOL explains that most Notices are for law-enforcement use only. A public extract may be published when the requesting country asks INTERPOL to make the information public, for example to obtain assistance in locating a person.
Therefore, the absence of a person's name from INTERPOL's public website does not necessarily prove that no INTERPOL information exists concerning that person.
Where there are reasonable grounds to believe that information may be processed through INTERPOL, an application for access to personal data may be submitted to the Commission for the Control of INTERPOL's Files (CCF).
The Commission for the Control of INTERPOL's Files, commonly referred to as the CCF, is an independent body responsible for ensuring that personal data processed through INTERPOL complies with the Organization's rules.
Individuals may submit requests concerning:
access to information relating to them;
correction of information;
deletion of information.
The CCF therefore plays an important role where a Red Notice, diffusion or other INTERPOL data is alleged to violate INTERPOL's Constitution or its Rules on the Processing of Data.
CCF proceedings are primarily conducted through written submissions and supporting documentation.
The CCF does not replace national criminal courts and does not determine whether a person is guilty or innocent of the underlying criminal accusation. Its task is to determine whether the processing of the relevant information through INTERPOL complies with INTERPOL's rules.
This distinction is important.
An application to delete INTERPOL data and a defence against extradition proceedings in Turkey may proceed simultaneously, but they are separate legal processes governed by different rules.
A Red Notice cannot be removed simply because the person denies the accusations.
A successful challenge normally requires identifying why the processing of the relevant information is incompatible with INTERPOL's legal framework.
Depending on the individual case, relevant arguments may concern:
violation of INTERPOL's Constitution;
political characteristics of the proceedings;
insufficient connection with ordinary criminal law;
deficiencies in the underlying judicial process;
inaccurate or outdated information;
developments such as acquittal, dismissal or termination of proceedings;
problems concerning the quality or proportionality of the data;
incompatibility with INTERPOL's Rules on the Processing of Data;
fundamental rights concerns.
The legal strategy must therefore be based on the specific criminal case and the documentation issued by the requesting country.
A generic request stating only that the allegations are false will normally fail to address the central issue before the CCF: whether INTERPOL is legally entitled to continue processing the information.
One of the most important restrictions on INTERPOL's activities is contained in Article 3 of the INTERPOL Constitution.
Article 3 prohibits INTERPOL from undertaking activities of a political, military, religious or racial character.
This rule is particularly significant in cases involving:
political opponents;
journalists;
activists;
former government officials;
businesspeople involved in politically sensitive disputes;
persons accused in proceedings closely connected with political conflicts.
However, describing a case as "political" is not by itself sufficient.
Many criminal cases may have some political background while still involving allegations of ordinary criminal offenses. The legal analysis therefore requires examination of the predominant character of the case, the nature of the alleged offense, the status and activities of the person concerned, the context of the prosecution and the evidence demonstrating possible misuse of international police cooperation.
INTERPOL states that both Notices and diffusions must comply with Article 3 and that requests are reviewed for compliance with its rules.
Where credible evidence suggests that international police mechanisms are being used primarily for political purposes, this may form an important basis for a CCF application.
An INTERPOL case involving Turkey may require action before both Turkish authorities and INTERPOL institutions.
Depending on the circumstances, a criminal defence lawyer in Turkey may assist by:
determining the legal consequences of an INTERPOL alert in Turkey;
reviewing the underlying foreign criminal proceedings;
examining whether the alleged offense is extraditable under Turkish law;
representing the person following detention or provisional arrest;
challenging detention and requesting judicial control or release where appropriate;
representing the person during extradition proceedings before Turkish courts;
analysing applicable bilateral or multilateral extradition treaties;
obtaining and reviewing Turkish case records relating to the international request;
coordinating the Turkish defence with lawyers in the requesting country;
preparing applications concerning access, correction or deletion of INTERPOL data before the CCF;
presenting Article 3 and other INTERPOL compliance arguments where appropriate;
evaluating the consequences of a Red Notice or diffusion for travel through Turkey.
The correct strategy depends heavily on the procedural stage of the case.
A person who has merely discovered a possible INTERPOL record requires a different approach from someone who has already been detained at an airport or whose formal extradition proceedings have begun before a Turkish court.
INTERPOL cases frequently become visible when a person crosses an international border.
A foreign national may arrive at Istanbul Airport, Sabiha Gökçen Airport or another Turkish border crossing and learn for the first time that an international alert exists.
At this stage, the immediate legal questions include:
What type of INTERPOL record exists?
Which country requested it?
What offence is alleged?
Is there an underlying foreign arrest warrant?
Has Turkey received an extradition or provisional arrest request?
Will the person be brought before a prosecutor?
Is provisional detention being requested?
Can judicial control measures be applied instead of detention?
What extradition treaty or international instrument applies?
Obtaining these answers quickly can significantly affect the defence strategy.
The underlying foreign criminal case should also be examined as early as possible. Documents showing acquittal, termination of proceedings, procedural irregularities, political persecution, previous extradition decisions or other relevant developments may become important both in Turkey and before the CCF.
A person who believes that he or she may be the subject of an INTERPOL Red Notice or diffusion should avoid treating the matter as merely an immigration or travel problem.
The first step should be to determine the nature and legal basis of the international request.
Where sufficient information is available, the defence should separately evaluate:
the INTERPOL dimension – whether the data complies with INTERPOL's rules;
the Turkish criminal procedure dimension – whether detention or another measure may be imposed;
the extradition dimension – whether Turkey can legally surrender the person to the requesting country;
the underlying criminal case – whether developments in the requesting country affect the validity of the international request.
These issues are closely connected, but none should automatically be treated as determining the others.
INTERPOL proceedings are unusual because they operate between international police cooperation and national criminal justice systems.
A Red Notice may trigger police attention in Turkey, but it does not itself decide whether a person will be arrested, detained or extradited. Those consequences depend on Turkish law and the applicable international agreements.
Likewise, successfully challenging an extradition request in Turkey does not automatically mean that INTERPOL data has been deleted. Conversely, deletion of INTERPOL data does not necessarily terminate the underlying criminal proceedings in the requesting country.
For this reason, an effective defence should examine the case on every relevant level.
Where a person is located in Turkey or expects to travel to Turkey, an INTERPOL lawyer in Turkey can assess the international notice, the risk of provisional arrest, the applicable extradition procedure and any possible application before the CCF as parts of a coordinated defence strategy.
Tasdogen & Partners Law Firm is an Istanbul-based law firm focusing on criminal defense and international criminal matters in Turkey. We represent both Turkish and foreign clients in criminal investigations, detention proceedings, extradition matters and cases involving international law-enforcement cooperation.
In INTERPOL-related cases, our role may include examining the legal basis and consequences of a Red Notice or diffusion in Turkey, representing clients following detention or provisional arrest, challenging custodial measures, and conducting the defence in extradition proceedings before Turkish courts.
Where appropriate, we may also assist with applications before the Commission for the Control of INTERPOL's Files (CCF) concerning access to, correction of or deletion of personal data processed through INTERPOL.
Because an INTERPOL case may involve proceedings in more than one jurisdiction, we also work with foreign counsel where necessary to evaluate the underlying criminal case and ensure that the Turkish proceedings, the extradition defence and any INTERPOL-related application are handled as part of a coordinated legal strategy.
Our firm provides legal assistance in Turkish , English and Spanish, particularly for foreign nationals who are detained in Turkey, face extradition proceedings or require legal advice concerning an INTERPOL notice affecting their travel or legal status in Turkey.
For urgent matters involving detention at Istanbul Airport, Sabiha Gökçen Airport or elsewhere in Turkey, immediate legal intervention may be necessary to determine the nature of the international request and the procedural measures being sought by the Turkish authorities.
You may contact our office for an initial assessment of an INTERPOL-related matter in Turkey.