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Case Law
Unlawful continuation of extradition detention after removal of Interpol Red Notice
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Summary
The applicant, a Jordanian national, was detained at Istanbul Sabiha Gökçen Airport pursuant to a Haitian extradition request based on an Interpol Red Notice concerning allegations of organized crime membership, murder, attempted murder, and armed robbery.A Turkish magistrate ordered provisional detention for up to forty days under Law No. 6706.After formal extradition proceedings commenced, detention was continued.During proceedings, the applicant submitted evidence that Interpol had removed the Red Notice because Haiti had allegedly provided misleading information.Despite this material development, Turkish courts rejected release requests and continued detention without substantively examining the new evidence.The Istanbul Heavy Criminal Court later ruled that extradition was inadmissible and ordered release.The Constitutional Court found that continued detention after withdrawal of the Red Notice lacked adequate justification. It held that the failure to reassess detention in light of changed circumstances violated Article 19 of the Constitution.
29/07/2025 · Constitutional Court of Türkiye, Second Section · Application No. 2022/56012
🇹🇷Turkey → 🇭🇹Haiti
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