UncategorizedInternational Extradition Law

International extradition law refers to the legal process concerning the surrender, under certain conditions, of a person who is subject to an investigation, prosecution, or conviction decision due to an offense committed in a foreign country to the requesting state. In Turkey, extradition of offenders is evaluated primarily within the framework of the Law No. 6706 on International Judicial Cooperation in Criminal Matters, international conventions to which Turkey is a party, and constitutional provisions [1], [2], [3].

An Istanbul international extradition lawyer provides legal assistance to the client in legal assessments related to Red Notices, diffusion messages, provisional arrest, extradition proceedings, objections to extradition requests, high criminal court proceedings, and deportation procedures. Extradition files should be examined not only from the perspective of criminal law, but also in terms of international criminal law, human rights law, foreigners law, and administrative law.

Important: The extradition process is not a procedure that automatically results solely upon the request of a foreign state. The court assesses whether the conditions for extradition exist in terms of the person’s citizenship, the nature of the alleged offense, statute of limitations, human rights risks, and the international conventions to which Turkey is a party.

 

International Extradition Lawyer

An international extradition lawyer is a lawyer working in the field of criminal law who supports the follow-up of the legal process in extradition requests made by foreign states or in cases where Turkey requests extradition from another state. In these processes, the lawyer’s duty is not limited to attending court hearings; the extradition request, arrest warrant, Red Notice record, detention measures, and human rights risks must be evaluated together.

In Istanbul, support from an international extradition lawyer is especially important in files connected with Istanbul Airport, border gates, Istanbul high criminal courts, and foreign state authorities. Extradition requests from abroad may result in the person being arrested in Turkey, provisional arrest being applied, or the person’s liberty being restricted due to a Red Notice record.

In this context, an international extradition lawyer provides legal assistance especially in the following matters:

• Examining the legal conditions of the extradition request
• Evaluating Red Notice and diffusion message procedures
• Applications concerning provisional arrest or judicial control decisions
• Following extradition proceedings before the high criminal court
• Presenting the grounds on which the extradition request should be rejected
• Evaluating claims of risk of torture, ill-treatment, or unfair trial
• Legal applications connected with deportation, restriction codes, and foreigners law procedures

What Is International Extradition Law?

International extradition law regulates the rules concerning the surrender of a person to the requesting state for trial due to an alleged offense committed in another country or for the enforcement of a finalized sentence. Under Turkish law, the institution of extradition is regulated in detail between Articles 10 and 22 of Law No. 6706 [1], [2].

The extradition process may generally arise in two different directions. In the first case, a foreign state requests the extradition of a person located in Turkey. In the second case, Turkey requests the extradition to Turkey of a suspect, defendant, or convicted person located abroad [2].

Under What Conditions Does Extradition of Offenders Arise?

Extradition of offenders arises for the purpose of surrendering, upon request, a person who is subject to a criminal investigation, prosecution, or conviction decision due to an offense committed in a foreign country to the relevant state. According to Law No. 6706, for an extradition request to be accepted at the investigation or prosecution stage, the upper limit of the offense must require a custodial sentence of one year or more under both the law of the requesting state and Turkish law. In finalized conviction decisions, the sentence imposed must be at least four months of imprisonment [1].

For an extradition request to be accepted, it is not sufficient for the foreign state merely to submit a request. It must also be examined whether the act constitutes an offense under both the law of the requesting state and Turkish law, as well as the statute of limitations, political offense nature, the person’s citizenship, and risks concerning fundamental rights.

Legal Assessment: One of the most important issues in extradition files is whether the alleged act also constitutes an offense under Turkish law. Therefore, an extradition request must be evaluated not only based on the foreign country’s documents, but also together with the provisions of the Turkish Penal Code and the Criminal Procedure Code.

 

How Does the Extradition Process from Turkey to a Foreign State Work?

The extradition process from Turkey to a foreign state begins when the foreign state’s extradition request is transmitted to Turkey. The Central Authority examines the extradition request and may reject requests that do not meet the necessary conditions or, if deemed necessary, request additional information and documents. Requests that meet the conditions are sent to the chief public prosecutor’s office attached to the competent high criminal court [1].

The extradition process generally consists of the following stages:

1. Preparation of the extradition request by the foreign state
2. Examination of the request by the Central Authority
3. Requesting additional information and documents if necessary
4. Sending the file to the competent chief public prosecutor’s office
5. Conducting extradition proceedings before the high criminal court
6. The court deciding whether the extradition request is admissible
7. Assessment of legal remedies against the decision
8. If the acceptance decision becomes final, carrying out the administrative approval and surrender process

If the high criminal court decides that the extradition request is admissible, the execution of this decision depends on the proposal of the Minister of Justice and the approval of the President, after obtaining the opinions of the Ministries of Foreign Affairs and Interior [1]. Therefore, the extradition process is a mixed process with both judicial and administrative stages.

In Which Cases May an Extradition Request Be Rejected?

The circumstances in which an extradition request must be rejected or may be rejected are regulated under Law No. 6706. Situations such as the requested person being a Turkish citizen, risk of torture or ill-treatment, allegation of a political offense, purely military offense, statute of limitations, Turkey’s jurisdiction, and a previous decision in Turkey concerning the same act are important for extradition [1], [3].

The main circumstances in which an extradition request cannot be accepted are as follows:

• The requested person is a Turkish citizen
• There is strong suspicion that the person will be investigated or punished because of race, ethnic origin, religion, citizenship, social group, or political opinion
• There is a risk of torture or ill-treatment
• The act subject to the extradition request is an offense of opinion, a political offense, or an offense connected with a political offense
• The act is purely a military offense
• The act falls within Turkey’s jurisdiction
• The act is time-barred or subject to amnesty
• A previous acquittal or conviction decision has been issued in Turkey for the same act
• The request relates to an offense requiring the death penalty or a punishment incompatible with human dignity

However, in cases where there is a risk of the death penalty or a punishment incompatible with human dignity, the extradition request may be separately evaluated if the requesting state provides sufficient assurances [1]. In such files, however, it must also be examined whether the assurance provided is concrete, verifiable, and capable of protecting the person’s fundamental rights.

The Relationship Between Red Notice, Diffusion Message, and Extradition

A Red Notice is a notice issued by the INTERPOL General Secretariat for the arrest, wherever found, of suspects, defendants, or convicted persons wanted by a country’s judicial authorities for extradition purposes. According to statements by the Ministry of Justice, a Red Notice may include the identity information of the wanted person, judicial information concerning the alleged offense, and identification elements such as photographs and fingerprints [4].

According to INTERPOL, a Red Notice is a request to law enforcement authorities worldwide to locate a person and provisionally arrest them during an extradition or similar legal process; however, it is not an international arrest warrant by itself [5]. Each country attaches consequences to a Red Notice according to its own domestic law.

A diffusion message, on the other hand, is a distributed search notice sent by the INTERPOL unit of the relevant country to the INTERPOL units of other countries in order to prevent delay, since the issuance of a Red Notice may take time [4]. A Red Notice or diffusion message alone does not mean that the person will be directly extradited; a separate legal process must be conducted by the competent authorities for extradition.

Important: If a person with a Red Notice record is arrested in Turkey, the process usually brings forward the stages of provisional arrest, waiting for extradition documents, and extradition proceedings before the high criminal court. Therefore, Red Notice files require swift legal intervention.

 

Provisional Arrest and Judicial Control

In the extradition process, if there is strong suspicion that an offense that may be subject to an extradition request has been committed, the person may be provisionally arrested. Provisional arrest may also arise under certain conditions before the extradition request reaches the Central Authority [1].

According to Law No. 6706, within the framework of the principle of reciprocity, a person may remain provisionally arrested for a maximum of forty days. In addition, instead of provisional arrest, a judicial control decision may be issued under Article 109 of the Criminal Procedure Code in a manner that prevents the person from fleeing [1], [6].

At every stage of the extradition process, the high criminal court may decide on protective measures concerning the requested person pursuant to the provisions of the Criminal Procedure Code. If the person is arrested during the extradition process, the detention status is reviewed at intervals not exceeding thirty days [1].

Extradition Proceedings Before the High Criminal Court

The high criminal court of the place where the person is located is competent to decide on the extradition request. If the person’s location is not known, the Ankara high criminal court is deemed competent [1]. The chief public prosecutor’s office applies to the high criminal court for a decision regarding the extradition request.

If the person does not accept the consent-based extradition procedure, the court examines the extradition conditions within the framework of Law No. 6706 and the international conventions to which Turkey is a party. The court decides whether the extradition request is admissible. If the documents sent by the requesting state are not found sufficient, the court may request additional information and documents [1].

The main issues to be considered in extradition proceedings are as follows:

• Whether the documents sent by the requesting state are duly prepared
• The content of the arrest warrant or conviction decision
• Whether the act constitutes an offense under Turkish law
• Whether the conditions for extradition have been met
• Whether grounds for rejection exist
• Whether the person is at risk in terms of human rights
• Whether the detention or judicial control measure is proportionate

Can Turkish Citizens Be Extradited to a Foreign Country?

According to Article 38 of the Constitution, except for obligations required by being a party to the International Criminal Court, a citizen cannot be extradited to a foreign country for an offense [3]. Law No. 6706 also regulates the requested person being a Turkish citizen among the circumstances in which an extradition request cannot be accepted [1].

Therefore, extradition of Turkish citizens to a foreign country is generally not possible. However, issues such as citizenship status, dual citizenship, citizenship acquired later, date of the offense, and date of the request must be assessed according to the specific file.

In cases where Turkish citizens are alleged to have committed an offense abroad, different legal mechanisms such as conducting an investigation or prosecution in Turkey, mutual legal assistance, or transfer of proceedings may arise instead of extradition. Therefore, each file must be examined separately within the framework of criminal law and international judicial cooperation rules.

The Difference Between Deportation and the Extradition Process

Deportation and extradition of offenders are not the same legal institution. Deportation is an administrative procedure concerning the removal of a foreigner from Turkey. Extradition, on the other hand, is a special judicial cooperation process requested by a foreign state for the purpose of a criminal investigation, prosecution, or enforcement of a conviction decision.

According to Law No. 6706, a foreigner cannot be deported during the extradition process without obtaining the opinion of the Central Authority. In addition, deportation cannot be carried out to the state whose extradition request has been rejected without obtaining the opinion of the Central Authority [1]. This regulation aims to prevent the extradition process from being bypassed through deportation.

Therefore, extradition files may also involve a deportation decision, restriction code, administrative detention, residence permit issue, or deportation lawsuit at the same time. In such cases, it is important to address the perspectives of a foreigners law attorney, an administrative law attorney, and a criminal law attorney together.

Turkey’s Request for Extradition from a Foreign State

Turkey may request the extradition to Turkey of a suspect, defendant, or convicted person who is subject to an arrest warrant or detention order and is determined to be abroad. In this case, documents such as the extradition request, arrest warrant, legal provisions, civil registry record, documents useful for identification, and, where necessary, photographs or fingerprints are prepared [7].

According to statements by the Ministry of Justice, extradition documents prepared to ensure the extradition from the countries where they are located of suspects, defendants, and convicted persons who fled abroad while being wanted by judicial authorities are checked and sent to foreign authorities [8].

In this process, the extradition request must be prepared correctly, the legal classification of the offense must be clearly shown, the statute of limitations assessment must be made, and the bilateral or multilateral conventions between the relevant country and Turkey must be examined.

International Extradition Lawyer Fees

International extradition lawyer fees vary depending on the scope of the file, whether the person is detained, whether there is a Red Notice or diffusion record, the stage of the extradition proceedings, whether documents in a foreign language need to be reviewed, and whether there are additional processes connected with foreigners law procedures.

When determining attorney fees, the Attorney Minimum Fee Tariff published by the Union of Turkish Bar Associations is taken into account. The Union of Turkish Bar Associations has announced that the 2025-2026 Attorney Minimum Fee Tariff was published in the Official Gazette [9].

Therefore, it would not be accurate to provide a fixed amount applicable to every file for international extradition lawyer fees. The legal nature of the file, detention status, scope of the foreign country’s documents, and applications to be followed must be evaluated together.

What Should Be Considered When Choosing an Istanbul International Extradition Lawyer?

International extradition files directly affect personal liberty and often require swift action. When choosing an international extradition lawyer in Istanbul, not only knowledge of criminal law but also knowledge of international judicial cooperation, Red Notices, foreigners law, and human rights law should be taken into account.

When choosing a lawyer, the following criteria should especially be evaluated:

• Experience in criminal law and high criminal court proceedings
• Knowledge of international extradition law and Red Notice procedures
• Up-to-date knowledge of Law No. 6706 and international conventions
• Ability to legally examine the extradition request and foreign state documents
• Ability to follow applications concerning detention, judicial control, and the right to liberty
• Ability to evaluate connected procedures such as deportation, administrative detention, and restriction codes
• Ability to provide regular and clear information to the client about the process

Instead of absolute expressions such as “the best international extradition lawyer,” it is more appropriate to work with a lawyer who is experienced in international extradition law and criminal proceedings and suitable for the needs of the specific file.

Contact for Legal Consultation

In terms of international extradition law, Red Notices, diffusion messages, provisional arrest, extradition proceedings before the high criminal court, deportation procedures, and extradition requests from foreign authorities, proper management of the legal process is of great importance.

To receive support from an Istanbul international extradition lawyer, to evaluate the legal conditions of the extradition request, to file applications against detention measures, and to examine the file from a human rights perspective, you can contact our law firm.

Frequently Asked Questions