Extradition Lawyers in Turkey
Extradition is a crucial component of international cooperation in combating crime, allowing nations to collaborate when suspects or convicted individuals attempt to flee abroad.
If you’re facing the threat of extradition or a red notice from Interpol in Turkey, it’s crucial to secure qualified legal support as soon as possible.
Our team of experienced lawyers, led by a leading attorney Dmitry Konovalenko, is ready to develop an effective defense strategy and help you at every stage of this complex process.
What are Interpol’s Red Notices?
An Interpol Red Notice is an international tool for cooperation among law enforcement agencies from different countries, used to assist in the arrest of individuals suspected or accused of committing crimes.
A Red Notice does not carry the legal force of an international arrest warrant. It is a request for assistance in locating, arresting, or extraditing an individual sought by law enforcement agencies of one of the Interpol member countries. The primary goal of the notice is to ensure coordination between states for the apprehension of the suspect and their subsequent transfer to the country that initiated the request.
In the Interpol Red Notice, the following information is contained:
- Full name and possible aliases of the person;
- Photographs and biometric data;
- Information about citizenship and date of birth;
- A brief description of the charges or crimes, including the legal classification;
- Information on the issuance of a national arrest warrant;
- Indication of the requesting country for notification and contact information of the competent authorities.
The notification serves as a basis for detaining the person sought until an extradition request is made. States receive information about individuals who may be within their jurisdiction and are wanted for criminal prosecution or to serve a sentence.
An individual has the right to challenge a Red Notice with the CCF Commission if they believe that the notice violates their rights or does not comply with Interpol’s rules.
Based on the notification, an individual can be detained in any country that is a member of Interpol.
What is the process for issuing red notices in Turkey?
A request for a red notice can be initiated by Turkey’s national courts, the prosecutor’s office as part of a criminal case, as well as the Ministry of Justice of Turkey, which acts as an intermediary between national and international bodies to ensure legal justification. The request must not be associated with political, military, racial, or religious motives.
A Red Notice can only be issued based on a national arrest warrant, which confirms that the individual is indeed wanted for criminal prosecution or to serve a sentence.
Interpol only considers requests related to serious crimes that carry a criminal penalty of imprisonment for a term of not less than one year: murder, money laundering, drug trafficking, terrorism, corruption, and others.
In Turkey, the National Central Bureau of Interpol (NCB) is located in Ankara. This bureau plays a key role in coordinating requests on an international level. Local law enforcement agencies or the prosecutor’s office submit the request with accompanying documents to the NCB. The National Central Bureau checks whether the request meets Interpol standards.
The following documents must be attached to the request:
- Copy of the national arrest warrant;
- Description of the charge or crime;
- Personal data of the person sought;
- Evidence confirming involvement in the crime.
After a request is approved by the NCB, it is forwarded to the Interpol General Secretariat located in Lyon, France. At this stage, Interpol conducts its own legal review to ensure that the request complies with the organization’s rules and statutes. If the request is approved, a red notice is added to Interpol’s database and becomes accessible to all member countries.
The national verification process at Turkey’s NCB takes 2–4 weeks, depending on the complexity of the case. Review at the Interpol General Secretariat can take from 1 to 3 months, as each application undergoes a thorough analysis.
Removing Red Notifications in Turkey
An Interpol Red Notice can significantly impact a person’s life, restricting their freedom of movement and causing serious damage to their reputation. However, in the following cases, the notice can be challenged:
- Based on political, military, racial, or religious motives;
- Violate human rights;
- The information provided in the notification does not correspond to reality.
- The case was closed, charges were dropped or the person was acquitted.
- Used for persecution for reasons not related to criminal law.
The first and most crucial step is to seek help from an experienced attorney who specializes in Interpol cases. An experienced professional will assess the legitimacy of the notification and also advise on the necessary documents and procedures.
To successfully remove a notification, it’s important to present compelling evidence. This can include court decisions confirming the lack of grounds for the accusation, decrees, witness testimonies, and more. A lawyer will gather and prepare all necessary materials, as well as ensure their legal validity.
The Commission for the Control of Interpol’s Files is responsible for reviewing requests to delete notices. The application must include the individual’s identification data, contact information, copies of all evidence, as well as arguments for why the Red Notice should be removed. The application must be submitted in one of Interpol’s official languages (English, French, Spanish, or Arabic).
The CCF conducts an analysis of the evidence presented and decides whether the notice complies with Interpol’s constitution: checking the grounds for issuing the notice, analyzing potential violations, and more. The review process can take from several months to a year.
If the CCF decides in favor of the applicant, the notice is removed from Interpol’s database, and the information becomes inaccessible to member countries.
What are the time frames for removing red notices in Turkey?
Preparing and submitting an application typically takes 2-4 weeks. At this stage, documents are collected, translated into one of Interpol’s official languages, and the application itself is directly processed.
The review of an application in the CCF generally takes between 3 to 9 months. During this period, the Commission conducts a thorough analysis of the evidence presented, after which it makes a decision to either remove the notification or deny the request.
If the decision is positive, the notification is removed from the Interpol database within 2-4 weeks after the review is completed.
Problems Associated with Red Notices in Turkey
One of the major issues for individuals with a red notice is their inability to freely travel around the world. A person can be detained in any country that is a member of Interpol, even when crossing borders or transiting through an airport. Countries that require a visa may refuse to extend it or cancel already issued permits.
Banks can also freeze accounts if a client is listed in the Interpol database, which results in the inability to manage funds. An individual may face rejections when trying to send or receive funds from abroad. Financial institutions refuse to provide loans or extend current obligations.
Publishing information about a red notice can seriously damage a person’s reputation. Employers and business partners might terminate contracts, fearing negative consequences. The presence of a red notice is often associated with serious criminal offenses, which can negatively affect social relationships.
Individuals with a red notice face the need to address legal issues, which often require significant time and financial resources. Contesting the notice can take months or even years, depending on the complexity of the case. Without a qualified lawyer, it’s difficult to effectively defend one’s interests in international procedures. A person may be extradited to the country where charges have been brought against them, even if those charges are of a political or unjust nature.
Protection against extradition in Turkey
In Turkey, extradition matters are governed by both national legislation and international treaties, including the European Convention on Extradition (1957), bilateral agreements, and relevant provisions of the Code of Criminal Procedure (CMK).
The grounds for appealing extradition requests in Turkey are as follows:
- The political nature of crimes: opposition activities, participation in peaceful protests, persecution of journalists, and more.
- Human rights violation risks: use of torture, inhumane treatment, threats to life and health, risk of capital punishment, lack of fair trial proceedings;
- Dual criminality requirement: The offense must be recognized as criminally punishable in both jurisdictions.
- Statute of limitations: if the statute of limitations for criminal prosecution or the execution of a sentence has expired according to Turkish laws or the laws of the requesting state, there is no basis for extradition.
- Citizenship: In some cases, Turkey refuses to grant citizenship to its nationals. Additionally, having refugee or asylum status in Turkey can serve as an additional argument against granting citizenship if there is a risk of political persecution.
If the court decides in favor of extradition, the individual has the right to appeal to Turkey’s higher judicial authorities. They have 7–15 days to challenge the decision. The supreme court reviews the process for any mistakes or legal violations.
Qualified legal support plays a crucial role in successfully contesting extradition requests. We offer comprehensive assistance at all stages—from analyzing the request to representing interests in court and appellate bodies.
Extradition Between Turkey and Other Countries
The extradition process in Turkey involves several stages. A foreign state sends an official request to Turkey through diplomatic channels or Interpol. The request must include information about the person sought, the grounds for extradition, and the relevant evidence.
The Turkish Ministry of Justice is analyzing a request for compliance with national legislation and international obligations. The main criteria for the review are the exclusion of political, military, and religious motivations, and adherence to the principle of dual criminal liability.
If the request meets the formal requirements, it is sent to the competent Turkish court. The person subject to extradition has the right to legal protection and can provide evidence proving the violation of their rights.
The court either approves or denies the extradition request. If the decision is positive, it is forwarded for approval to the Turkish Ministry of Justice.
Turkey has extradition treaties with many countries. However, there exist states, with which such agreements are absent:
- China
- Iran
- Syria
- North Korea
- Cuba
- Afghanistan
- Somalia
- Yemen
- Nepal
- Mongolia
- Venezuela
- Zimbabwe
- Laos
- Cambodia
- Sudan
- Eritrea
- Central African Republic
- Chad
- Libya
- Belarus
However, it’s important to consider that the absence of a treaty does not rule out the possibility of extradition. The transfer of accused or suspected individuals can occur based on individual agreements.
Looking for legal advice?
If you find yourself facing an extradition request or a red notice in Turkey, it’s crucial to secure legal support from an experienced attorney as soon as possible. Lawyers will ensure that the process is conducted in accordance with all legal standards, prepare compelling arguments, swiftly file petitions and appeals, minimizing the risk of delays or mistakes.
Our law firm specializes in international extradition matters and offers comprehensive support at every stage:
- Initial consultation and case analysis: assessment of the legality of the extradition request, analysis of possible grounds for appeal, explaining to the client all the nuances of the procedure and potential legal risks.
- Court defense: representing client interests in Turkish courts, preparing petitions and appeals, arguing based on international standards and national legislation.
- Contesting a Red Notice: Filing an application with the CCF Commission, collecting and presenting evidence for the removal of the notice, legal support at all stages of interaction with Interpol;
- Working with international organizations: filing cases with the European Court of Human Rights, representing interests in international structures, and protection against abuses by the Interpol system.
- Document processing: translation, notarization, and preparation of all necessary documents, interaction with diplomatic missions, local authorities, and international organizations.
Our team of lawyers has years of experience with international extradition cases and Interpol matters. We successfully resolve even the most complex legal issues.
Contact us right now for an initial consultation and to discuss the next steps in protecting your interests. We will put forth our maximum effort and develop an effective strategy to ensure the best results.
