Decision on the Withdrawal of the Red Notice – Istanbul 21st Heavy Penal Court

In a case handled by Atty. Batın Yılmaz as defense counsel, the Istanbul 21st Heavy Penal Court issued an interim ruling to withdraw the red notice issued against the defendant. In its assessment, the court took into consideration that the defendant was apprehended abroad, the extradition process was anticipated to take a long time, the petition for withdrawal of complaint submitted to the case file indicated that the damage had been remedied, and therefore the application of effective remorse provisions might come into question.

Case Information

Court	Istanbul 21st Heavy Penal Court
Case No.	2023/400
Interim Decision Date	25/02/2025
Hearing No.	6
Defense Counsel	Atty. Batın Yılmaz
Subject	Request for the withdrawal of the Red Notice

Summary of the Case

It has been reported to the court that the defendant was apprehended in a country with which Turkey has no international mutual legal assistance treaty. It has been anticipated that extradition proceedings would take time, and it has also been established that the damage has been remedied through the petition for waiver of complaint submitted to the case file.

The necessary address information of the defendant has been provided to the court by the defense, and it has been declared that the defendant will be made available for the proceedings. These matters were among the factors taken into consideration by the court in evaluating the request for the withdrawal of the Red Notice against the defendant.

Assessment of the Court

Court;

• Considering that the period until the conclusion of the extradition process may cause grievances for the defendant,
• Considering that the provisions regarding effective remorse may come into question due to the indemnification of the damage in the case,
• Considering that the defense has provided the necessary address information,
• Considering that it has been declared that the defendant will be made available for the trial,
• Evaluating the defenses of the other co-defendants in the case file along with the defendant's criminal record,

it concluded that awaiting the extradition process could lead to victimization.

It must be emphasized here that the court has not rendered a final judgment of acquittal or conviction regarding the defendant. The decision to revoke the Red Notice constitutes an interim ruling rendered during the ongoing proceedings.

Outcome of the Interim Ruling

During the hearing dated 25/02/2025, the Istanbul 21st Assize Court unanimously decided to revoke the Red Notice issued against the defendant and to issue written instructions to the relevant units for the execution of the decision.

Significance of This Decision

This decision is significant as it demonstrates that in a case pursued with a Red Notice, if there is a risk that the extradition process may de facto result in victimization, the revocation of the Red Notice may be requested from the trial court.

Particularly in cases where the damage has been redressed and the application of effective remorse provisions may come into question, a request for the revocation of the Red Notice may be submitted directly before the trial court, separate from the CCF application, provided that the circumstances of the specific case permit.

However, this interim ruling does not imply that the same outcome will ensue in every case involving a Red Notice. The court evaluated the duration of extradition, whether the damage was compensated, the defendant's intention to participate in the proceedings, the notification of address details, the criminal record, and other characteristics of the file collectively. Therefore, each request must be prepared based on the specific conditions and existing evidence of the relevant criminal case file.

Difference Between the Withdrawal of the Red Notice by the Trial Court and a CCF Application

The request submitted to the trial court and the application made to the Commission for the Control of INTERPOL's Files are not the same legal remedy. The trial court evaluates the necessity of the proceedings and detention measures within its own file, whereas the CCF examines whether the data processed in the INTERPOL system comply with INTERPOL rules.

In this case, the revocation of the Red Notice was directly ordered by the Istanbul 21st Assize Court. However, depending on the specifics of the case, filing a legal application exclusively to the trial court, exclusively to the CCF, or to both authorities may come into question.

For detailed information on the legal nature of the Red Notice, grounds for removal, and the CCF application process, “How to Remove a Red Notice? CCF Application Process and Precedent Decisions” our article titled can be reviewed.

Source of the Decision

T.C.
İSTANBUL 21. AĞIR CEZA MAHKEMESİ

MINUTES OF HEARING

CASE NO: 2023/400 Basis
HEARING DATE: 25/02/2025
SESSION NO: 6.

PRESIDING JUDGE:
MEMBER:
MEMBER:
PUBLIC PROSECUTOR:
CLERK:

Although the hearing date had been set for May 7, 2025, the case file was taken up upon the notification that defendant ___ was apprehended in Argentina, the relevant documents entering the case file, and the submission of documents regarding the restitution of damages. The 6th session was opened. Public trial continued.
The submitted documents and the case file were examined.
The case file was examined.
IT IS DECIDED UPON REVIEW, IN ACCORDANCE WITH THE REQUEST:
1-Considering that Defendant ___ was apprehended in Argentina, with which Turkey has no international mutual legal assistance treaty, that extradition proceedings would take a long time, that the petition for withdrawal of complaint dated 17.02.2025 stated that the damage has been indemnified, and therefore the application of effective remorse provisions will become mandatory, that an address was provided by defense counsel Atty. Batın YILMAZ and it was also declared that the defendant would be made available for defense, and evaluating the defenses of the other defendant in the file, the criminal record of the defendant, the date of the crime, and the scope of the file together, since it is understood that waiting for the extradition process may cause victimization,
The revocation of the Red Notice regarding Defendant ___,
2-A writ be written to the relevant units for execution,
3-The defense of Defendant ___ be taken when available,
4-Other proceedings be evaluated on the scheduled hearing date,
For these reasons, it has been unanimously decided to adjourn the hearing to the pre-set date of 07.05.2025 at 09:50. 25/02/2025

Presiding Judge

Member

Member

Clerk

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Author: Atty. Batın Yılmaz
Istanbul Bar Association Registry No: 77008

This content has been prepared for the legal explanation of a specific court decision and for general informational purposes. Each specific case must be evaluated separately within the framework of its own circumstances.

This article does not constitute a guarantee of success, nor does it imply superiority or a claim of expertise. Court decisions are rendered based on the specific facts and evidence of each case; it cannot be assumed that the same outcome will occur in other cases.