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Red Notice and Extradition Request: What Should a Foreigner Caught in Türkiye Do? Rights and Judicial Process Law on International Judicial Cooperation in Criminal Matters No. 6706, between Articles 10 and Article 21; Article 38 of the Constitution was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
When a foreigner wanted by the competent authority of another state on criminal charges is caught in Türkiye, the process is carried out in accordance with the extradition provisions of Law No. 6706. The caught person is brought before the criminal judge of peace within 24 hours; Stages such as temporary arrest, evaluation of the extradition request, high criminal court decision and Presidential approval are subject to judicial review. A red notice may initiate the arrest process, but it does not replace an extradition decision.
What is a Return and What Does a Red Notice Mean?
Extradition is when a state requests the person it is investigating, prosecuting or convicted from the state where he is located. Law No. 6706 regulates how this request will be evaluated in Türkiye. Bulletins published within the scope of international police cooperation are an information tool that facilitates the identification of wanted people. Since there is no separate article regarding the red notice in the law, the legal effect of the bulletin should not be considered independent of the return procedure. In practice, it is possible for the person registered for the newsletter to be detected and caught by law enforcement upon entry or exit.
Turkish citizens cannot be transferred to a foreign country due to a crime (Constitution Article 38). The old TCK Article 18 has been abolished by Law No. 6706, Article 36. The current refund procedure is therefore examined in accordance with Law No. 6706.
What Happens to a Foreigner Caught?
Article 14 of Law No. 6706 regulates the temporary detention of the person subject to the extradition request. The caught person is brought before the criminal judge of peace within 24 hours. The judge may issue a temporary arrest order. Information regarding the return based on the person's consent also becomes important at this stage. The period of provisional detention is limited by law; If the official documents of the request are not completed within this period, eviction may be on the agenda. Details of the periods should be checked from the current text in the file.
At this stage, the foreigner has the right to benefit from a lawyer, request an interpreter, request notification to his consulate, and give his statement only after learning his rights. You can refer to the relevant guide for the general rights of the detained foreigner.
How Does the Judicial Process Work?
The extradition request reaches Türkiye through diplomatic channels. It is examined whether the request contains the documents and accusations required by law. The high criminal court decides whether the conditions for extradition are met (Art. 15). There is a legal remedy against the court decision (Art. 18). If an extradition decision has been made, the approval of the President is required at the last stage (Art. 19). Therefore, there is the opportunity for legal objection at every stage of the process.
Return obstacles and limitations are also listed in the law. Topics such as crimes of a political or military nature, the person's risk of torture or unfair trial, and the fact that the act in question is not considered a crime in Turkish law are discussed in the file. It cannot be determined which obstacle is valid in the concrete case without examining the documents.
The bulletin is published upon the request of an authority outside Türkiye. If the record is inaccurate or politically motivated, an application can be made to the internal mechanism of the international police organization that supervises these records. This application is a separate process and does not replace extradition proceedings in Türkiye. Both paths need to be planned together.
Turkish citizen It cannot be given to a foreign country due to a crime (Constitution Article 38)
Bulletin There is no separate provision in the law; evaluated together with the refund procedure
Incident Summary Form: Fictional example: A foreign passenger, who is found to have a bulletin record in his name at passport control at the airport, is detained by the law enforcement. The passenger says he has no information about an investigation being carried out in his country. Process: The lawyer investigates the country from which the person is wanted, the nature of the accusation and the request documents. Separate applications are planned for temporary arrest objection, defense against trial process and against bulletin registration. Result: If the request documents are missing or there is an obstacle to extradition, the rejection of the release and extradition request may come to the fore. However, the result cannot be guaranteed. The documents of the requesting state and the person's situation are decisive.
Does red notice mean direct return in Türkiye?
No. Extradition is carried out through the judicial process regulated in Law No. 6706. A bulletin is a record that facilitates the identification and capture of a person.
How long does it take for the caught person to be brought before a judge?
The law regulates that the caught person must be brought before the criminal judge of peace within 24 hours (Art. 14).
Who decides on return?
The high criminal court decides whether the conditions for extradition are met (Art. 15). The finalized extradition decision requires Presidential approval (Article 19).
Can Turkish citizens be extradited?
According to Article 38 of the Constitution, Turkish citizens cannot be transferred to a foreign country due to a crime.
Can the red notice record be deleted?
Registration is related to the request of the state that publishes the bulletin. Application can be made to the international control mechanism. The result cannot be guaranteed.
Does the process change for a person who wants to be extradited voluntarily?
The law also regulates the possibility of consensual extradition. Before giving consent, the consequences must be evaluated from a legal perspective.
Giving a statement without learning your rights and without a lawyer.
Signing the return consent without considering the consequences.
Missing the objection period against provisional arrest.
Considering international appeals against the bulletin registration as independent of the judicial process.
Establishing a defense without examining the nature of the accused crime and the request documents.
In return and red notice files, the management of the first 24 hours and the first week determines the further stages. The rights of the captured foreigner must be protected, documents must be examined and judicial objections must be made in a timely manner. Küheylan Law Firm provides legal support to foreigners facing extradition requests in temporary arrest objections, extradition proceedings and applications against bulletin registration.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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