Extradition is the surrender by one state of a person located on its territory to another state because of an offence allegedly committed in that other state.

This person may be:

a suspect or accused person, where an investigation or prosecution is ongoing;
or a convicted person, where the sentence has become final and must be enforced.

The purpose of extradition is to ensure that the person can:

be investigated and prosecuted;
or serve a prison sentence that has already been imposed.

Extradition is a process that has both legal and political dimensions in terms of relations between states.

Legal Basis and Purpose of Extradition

The principle underlying extradition is this:

No country should become a safe haven for persons who have committed crimes.

When a person commits an offence in one country and flees to another, the aim is to prevent that person from escaping criminal justice merely by crossing a border.

For this reason, the institution of extradition serves:

the protection of public order;
and the administration of justice.

From a legal-technical perspective, extradition is one of the institutions of international judicial cooperation in criminal matters.

The process is often not limited to courts alone. It usually operates as a mixed mechanism involving:

judicial authorities;
as well as executive bodies such as the Ministry of Justice and the Ministry of Foreign Affairs.

What Does the Requested State Examine? The Non-Inquiry Principle

One of the important principles in extradition proceedings is the “non-inquiry” principle.

According to this principle, the requested state does not examine in detail:

whether the offence was actually committed;
or whether the person is truly guilty.

Instead, the requested state examines whether:

the extradition request complies with procedural requirements in terms of form and content;
the positive conditions for extradition are met, such as the nature of the offence, the maximum penalty and double criminality;
any negative conditions exist, such as political offence, risk of torture or limitation periods.

In other words, the main trial and the assessment of evidence take place in the country where the offence is alleged to have been committed. The requested state does not replace that trial; it only decides whether extradition should be granted.

Basic Conditions for Extradition

The Principle of Double Criminality

The general rule is this:

For an act to be the subject of extradition, it must constitute an offence under the law of both the requesting state and the requested state.

This is known as the principle of double criminality.

For example:

if an act is considered a crime in the state requesting extradition,
but is not a crime in the requested state,

extradition cannot be granted.

The Offence Must Be Prosecutable

Satisfying the principle of double criminality alone is not sufficient. The offence must also be prosecutable:

in the requesting state;
and in the requested state.

For an offence to be prosecutable:

the limitation period must not have expired;
there must not have been a general or special amnesty concerning the offence;
and, in complaint-based offences, a complaint must have been filed and must not have been withdrawn.

If these conditions are not met, the offence may no longer be subject to prosecution, and the extradition request may therefore be refused.

Relationship Between Asylum and Extradition

Asylum is closely connected to the extradition mechanism, especially where political accusations are involved.

The general approach is as follows:

If a person can reasonably show that they would face persecution or serious human rights violations in their country for political reasons, the right to political asylum may arise.

Political asylum often means that:

the person will not be extradited by the country of refuge;
and in some cases, may not be tried before the courts of the country of refuge either.

For this reason, in practice:

the distinction between political offences and ordinary offences;
and debates over “ordinary offences presented under the appearance of political offences”

are of great importance in the assessment of extradition requests.

Differences Between Extradition and Deportation

Extradition and deportation are often confused. Legally, however, they are two different mechanisms.

What Is Deportation?

As a matter of territorial sovereignty, every state has the authority to decide:

which foreigners may enter its territory;
how long they may remain;
and whether they should be required to leave the country when necessary.

Deportation means the forced removal of a foreigner from the country where they are located.

It is generally applied in cases involving:

foreigners who entered the country unlawfully;
persons who remain in the country after their visa has expired;
persons considered to have disturbed public order.

This procedure is:

unilateral;
and is considered part of the state’s administrative and sovereign powers.

Main Differences From Extradition

Compared with extradition:

extradition requires the will of at least two states: the requesting state and the requested state;
extradition is carried out for the purpose of a specific offence and criminal proceedings, and international treaties and judicial procedures are often involved;
deportation may be adopted as a unilateral administrative decision within the framework of migration policy and public order, and it does not have to be linked to a specific criminal case.

Extradition and International Search Mechanisms

Extradition processes often operate together with international search mechanisms used to locate and arrest a person. The best-known actor in this field is INTERPOL.

The Role of INTERPOL

INTERPOL is an international organisation that facilitates cooperation between the police authorities of member states.

According to its Constitution, INTERPOL:

may operate only in relation to ordinary crimes;
and is prohibited from intervening in matters of a military, political, religious or racial character.

This limitation is an important filter, especially in relation to:

extradition requests involving politically motivated accusations;
and searches carried out through INTERPOL.

INTERPOL Notices

INTERPOL publishes various colour-coded notices for different purposes. The main ones are:

Red Notice

A Red Notice is issued for the purpose of locating and provisionally arresting suspects, accused persons or convicted persons who are subject to an arrest or detention order. It often prepares the ground for extradition proceedings.

Blue Notice

A Blue Notice is used to locate a person and obtain information about their whereabouts.

Green Notice

A Green Notice is issued to warn other countries about persons considered to be convicted and dangerous, and to help monitor their activities.

Yellow Notice

A Yellow Notice is used to help locate missing children and adults.

Black Notice

A Black Notice is issued to identify unidentified bodies.

Stolen Works of Art Notice

This notice is used to search for and identify stolen cultural and artistic property at the international level.

Red Notice and Diffusion Message

Although a Red Notice is sometimes described in public discourse as an “international arrest warrant,” legally it is:

a notice sent by a state to INTERPOL in order to make a person, who is subject to an arrest or detention order, wanted before other member states.

For example, in relation to Türkiye:

if there is an arrest or detention order against a person within the scope of an ongoing investigation or prosecution;
or if a prison sentence imposed on that person has become final and they must be arrested for enforcement,

an application may be made to INTERPOL through the Ministry of Justice and the Ministry of Interior, requesting the issuance of a Red Notice against that person. After examination by INTERPOL authorities, a Red Notice may be issued if the request is found to be appropriate.

A diffusion message, on the other hand, is:

a message used in urgent cases before a Red Notice is issued;
transmitted through the INTERPOL network for the purpose of provisionally locating and arresting a person.

It is generally valid for a specific period, after which the issuance of a Red Notice may be requested.