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Cross-border criminal matters: extradition, evidence requests, INTERPOL and records

A criminal matter that touches two countries can bring an extradition request, an evidence request, an INTERPOL notice and immigration effects at the same time.

  • 1 Jan 1981U.S.–Turkiye treaty on extradition and mutual assistance in criminal matters in force [1]
  • 2 yearsRed notice threshold: maximum penalty of at least two years for a person sought for prosecution [7]
  • More than 1 yearPenalty an offense needs for a U.S. search warrant on a foreign request (18 U.S.C. 3512(e)) [3]

01

Is this the right route?

A criminal matter with ties to two countries can involve an extradition request, an evidence request, an INTERPOL notice and immigration effects. Extradition from the U.S. generally rests on a treaty (18 U.S.C. 3181(a)); the U.S.–Turkiye treaty has been in force since 1 January 1981. INTERPOL may not act in political, military, religious or racial matters (Art. 3). A conviction abroad can make a person inadmissible to the U.S.

Who it's for People and families in the U.S., Turkiye or elsewhere who face a foreign criminal case, an extradition or evidence request, an INTERPOL notice, or a foreign conviction that may affect a U.S. immigration matter.

Key requirements

  • Extradition from the U.S. generally depends on a treaty (18 U.S.C. 3181(a))
  • A U.S.–Turkiye extradition and mutual-assistance treaty has been in force since 1 January 1981
  • INTERPOL may not act in political, military, religious or racial matters (Constitution, Art. 3)
  • A foreign conviction can make a person inadmissible to the U.S. (8 U.S.C. 1182(a)(2))

02

How it works

  1. Identify the process: an extradition request, an evidence request, an INTERPOL notice, a foreign case or a conviction. Keep every document with its date.

  2. Find out which countries and which treaty apply. For Turkiye, start with the 1979 treaty on extradition and mutual assistance.

  3. For an INTERPOL notice, a request for access goes to the Commission for the Control of INTERPOL's Files (Rules on the Processing of Data, Art. 18). Read the red notice guide first.

  4. For an extradition request, read Extradition and INTERPOL and contact our team before any hearing.

  5. For a request for documents or testimony in the U.S., check whether it comes under 18 U.S.C. 3512 or 28 U.S.C. 1782, and which privileges apply.

  6. If a visa or green card case is pending, collect the foreign court record and sentence details. They decide how 8 U.S.C. 1182(a)(2) applies.

03

Cross-border criminal matters: questions people ask

can the us extradite someone to turkey

U.S. extradition statutes continue in force only during a treaty of extradition with that government, with one narrow exception for some crimes of violence against U.S. nationals abroad (18 U.S.C. 3181). The U.S. and Turkiye have a treaty on extradition and mutual assistance in criminal matters, in force since 1 January 1981. An attorney reviews a specific request.

what are the rules for an interpol red notice

A red notice may be published only if cumulative criteria are met: a serious ordinary-law crime, a penalty threshold, and interest for international police cooperation (Rules on the Processing of Data, Art. 83(1)(a)). INTERPOL may not act in political, military, religious or racial matters (Constitution, Art. 3).

how do i find out if i am in interpol's database

Any person can submit a request for access to data about them directly to the Commission for the Control of INTERPOL's Files (Rules on the Processing of Data, Art. 18(1)). Our red notice guide explains the steps.

can a foreign conviction stop me from getting a us visa

It can. A person convicted of a crime involving moral turpitude, or of violating a controlled-substance law of a State, the U.S. or a foreign country, is inadmissible (8 U.S.C. 1182(a)(2)(A)(i)). An exception covers one crime with a maximum penalty of one year and a sentence of six months or less ((A)(ii)). An attorney reads the foreign record.

can a us court order evidence for a foreign criminal case

Yes. Under 18 U.S.C. 3512 a federal judge can issue orders to carry out a foreign authority's request, including orders to appear, testify or produce documents. Under 28 U.S.C. 1782(a) a court can also order testimony or documents for a foreign proceeding, but not in violation of a legally applicable privilege.

04

Discuss your matter with our team

We map which request, notice or record is involved, review how the rules apply, and route you to the right page or to collaborating independent counsel abroad. We make no promise about the result of a criminal or immigration case.

Documents to prepare
  • Any notice, summons, arrest warrant or court decision, with certified translations.
  • The INTERPOL notice number or the extradition request, if you have it.
  • Passport, ID and proof of citizenship or residence.
  • Court records showing the charge, the final decision and the sentence.
  • For Turkiye: the criminal record extract (adli sicil kaydi) and the case file number (dosya numarasi).
  • For a U.S. immigration case: all arrest, charge and disposition records from every country.
  • Letters or emails from authorities, with dates.
Common reasons for refusal or delay
  • Assuming a treaty exists: extradition from the U.S. generally depends on one (18 U.S.C. 3181(a)).
  • Missing the one-year, two-year and five-year lines that the rules use (18 U.S.C. 3512(e); Rules on the Processing of Data, Art. 83; 8 U.S.C. 1182(a)(2)(B)).
  • Leaving out a foreign record in a U.S. immigration case: the controlled-substance ground covers the laws of a foreign country (8 U.S.C. 1182(a)(2)(A)(i)(II)).
  • Sending an INTERPOL deletion request to the wrong body: requests for access, correction or deletion go to the Commission for the Control of Files (Rules on the Processing of Data, Art. 18(1)).
  • Expecting a U.S. court to refuse a privileged-material request: 28 U.S.C. 1782(a) protects only a legally applicable privilege.
When this is not the right route
Full details

Who this is for

  • People who learn that another country has asked the U.S. to extradite them, or that they are named in an INTERPOL notice.
  • Witnesses and companies asked for documents or testimony in a foreign criminal case.
  • Families and lawyers in Turkiye or the U.S. who need to understand the other country's process.
  • People with a foreign arrest or conviction who plan to apply for a U.S. visa or green card.

Key requirements

  • Extradition from the U.S.: the statutes on surrender of persons who committed crimes in foreign countries continue in force only during a treaty of extradition with that government (18 U.S.C. 3181(a)). One exception applies, in the exercise of comity, to people who are not U.S. citizens, nationals or permanent residents and who committed crimes of violence against U.S. nationals abroad, if the Attorney General certifies it in writing (3181(b)).
  • The Turkiye treaty: the State Department's Treaties in Force list shows a Treaty on extradition and mutual assistance in criminal matters, signed at Ankara on 7 June 1979 and in force since 1 January 1981 (32 UST 3111; TIAS 9891). It also lists a separate Treaty on the enforcement of penal judgments of the same date (32 UST 3187; TIAS 9892).
  • Foreign requests for evidence: a federal judge can issue orders to carry out a foreign authority's request for help in a criminal investigation or prosecution, on the application of a Government attorney authorized by the Department of Justice (18 U.S.C. 3512(a)). The orders can include search warrants, orders for stored communications, and orders to appear and testify or to produce documents (3512(a)(2)). A search warrant needs an offense punishable by imprisonment for more than one year under federal or state law (3512(e)).
  • Evidence for foreign proceedings: a federal district court can order a person in its district to give testimony or produce documents for use in a foreign or international proceeding, including a criminal investigation before formal accusation. The request can come from the foreign tribunal or from any interested person. No one can be compelled to violate a legally applicable privilege (28 U.S.C. 1782(a)).
  • INTERPOL and political matters: it is strictly forbidden for INTERPOL to undertake any intervention or activities of a political, military, religious or racial character (Constitution, Art. 3). Before data are recorded, the member country or entity must check that the data comply with Article 3 (Rules on the Processing of Data, Art. 34).
  • INTERPOL red notices: they may be published only if cumulative criteria are met: a serious ordinary-law crime; a penalty threshold (for a person sought for prosecution, a maximum penalty of at least two years; for a person sought to serve a sentence, a sentence of at least six months or at least six months remaining); and interest for international police cooperation (Rules on the Processing of Data, Art. 83(1)(a)). They may not be published for offences relating to family or private matters, or for administrative violations or private disputes unless the activity is aimed at facilitating a serious crime or is suspected of being connected to organized crime.
  • Access and deletion: any person or entity can submit directly to INTERPOL's Commission for the Control of Files a request for access to, or correction or deletion of, data processed in the INTERPOL Information System (Rules on the Processing of Data, Art. 18(1)).
  • Immigration: a person convicted of, or who admits the essential elements of, a crime involving moral turpitude, or a violation of a law relating to a controlled substance of a State, the U.S. or a foreign country, is inadmissible (8 U.S.C. 1182(a)(2)(A)(i)). An exception covers one crime of moral turpitude if the maximum penalty did not exceed one year and the sentence was not more than six months, or if the crime was committed under age 18 and more than 5 years ago ((A)(ii)). Two or more convictions with aggregate sentences of five years or more also make a person inadmissible ((a)(2)(B)). Whether a foreign decision counts as a conviction is a legal question that an attorney reviews against the court record.

What to check with an attorney

  • Which process is open: an extradition request, an evidence request, an INTERPOL notice, a foreign case or a conviction.
  • Which countries are involved, and whether a treaty is in force between them.
  • What the offence is and its maximum penalty: several rules turn on one year, two years or five years.
  • Whether the matter may be political: INTERPOL Art. 3 limits its work.
  • Whether the foreign decision is final, and what the court record says.
  • Whether a U.S. visa or green card application is pending or planned.
Sources and review date

Criminal matter in two countries?

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