Gülen’s lawyer: New arrest warrant for Gülen is unlawful

Nurullah Albayrak, the lawyer representing Islamic scholar Fethullah Gülen, is seen in this file photo taken in 2014. (Photo: Today's Zaman, Mevlüt Karabulut)
Nurullah Albayrak, the lawyer representing Islamic scholar Fethullah Gülen, is seen in this file photo taken in 2014. (Photo: Today's Zaman, Mevlüt Karabulut)


Date posted: February 26, 2015

OSMAN ÜNALAN / ISTANBUL

The lawyer for Turkish Islamic scholar Fethullah Gülen, Nurullah Albayrak, in reaction to Turkish media reports on Tuesday of another arrest warrant being issued for his client, said in a statement that according to the law on criminal procedure, it is unlawful for a court to issue an arrest warrant unless the accused has been appropriately called to appear before the court.

In what would seem to be another unjustified, government-motivated judicial action against the Gülen movement, a civil society organization inspired by Gülen’s views, the İstanbul 3rd Penal Court of Peace issued an arrest warrant on Tuesday for Gülen, and for journalist Emre Uslu, at İstanbul Deputy Chief Public Prosecutor İrfan Fidan’s request, the Hürriyet daily website reported on Tuesday.

Albayrak noted that Gülen, who has resided in the US since 1999 and whose address is public knowledge, must be summoned by Turkish and the US authorities for testimony, according to legal agreements between the two countries, before an arrest warrant can be issued. Albayrak also underlined that according to Article 98 of the Code on Criminal Procedure (CMK, Law 5271), a court can only issue an arrest warrant if the accused has not responded to an order to appear that is appropriately delivered to his current address.

Rejecting Fidan’s accusations, Albayrak stated that the warrant is unacceptable according to the principles of international law and to the conscience of the people to accuse Gülen without concrete evidence showing that he is involved in a crime. According to the Turkish anti-terror law, no individual or group united under an ideology can be accused of terrorism-related crimes unless they are involved in violence.

According to the story on the Hürriyet daily website, in his letter to the İstanbul 3rd Penal Court of Peace, Fidan accused Gülen and Uslu of being involved in the establishment and administration of an armed terror organization, an attempt to overthrow the government of the Turkish Republic and acquiring top secret state documents through espionage.

Albayrak said in his statement that the court decision shows that the judiciary is being used as a tool to suppress people and groups who do not share the same views as the ruling government. “When this dark period has ended, we believe that these unlawful practices will be tried in accordance with the Constitution and the people’s conscience,” Albayrak said.

In December 2014, as part of a government-orchestrated operation against the media affiliated with the Gülen movement, the İstanbul 1st Penal Court of Peace issued an arrest warrant for Gülen and requested that the scholar be extradited from the United States, which is seen as a step toward the request of for an Interpol Red Notice, and ultimately extradition from the US. However, US law requires that the crime be recognized in both countries’ jurisdictions and that the offense not be political in nature.

The ruling Justice and Development party (AK Party) government has asked for the extradition of Gülen from the US several times since two major graft operations incriminating the inner circle of then-Prime Minister Recep Tayyip Erdoğan and his family went public on Dec. 17 and 25, 2013. The government received negative replies from the authorities in America, due to a lack of evidence to support the charges. President Recep Tayyip Erdoğan also personally asked US President Barack Obama to “deport” Gülen several times since the graft probe.

Source: Today's Zaman , February 24, 2015


Related News

Turkey asks imams abroad to profile Gülen-linked expatriates

A document dated Sept. 20, 2016 shows that Turkey’s Directorate of Religious Affairs (Diyanet) asked Turkish missions and religious representatives abroad to profile Gülen movement expatriates living in their respective foreign countries.

A Forum On Africa in Turkey (II)

Istanbul was peaceful when we arrived to attend the 29th Abant international forum titled: “Africa: Between Experience and Inspiration”. The event which brought together about 160 participants held between June 28-30, 2013 at a serene and scenic mountain resort of Abantu Buyuk Hotel in Bolu,Turkey.

First purification, next habituation

First of all, in terms of historical settings and cultural codes, Turkey has never found the solid ground to have a fully fledged democracy. The political elites have paid lip service to democracy and viewed democracy as an “electoral democracy.” As we see today, once the political elites have come to power they have adhered to authoritarian practices and curbed freedom and rule of law with the aim to serve their own interests.

Code ‘111′ profiling of ‘Hizmet’ on Parliament’s agenda

Main opposition Republican People’s Party (CHP) Deputy Chairman Sezgin Tanrıkulu has brought to Parliament’s agenda a code allegedly used by the Ministry of Family and Social Policy to classify individuals believed to be affiliated with a social movement. Code “111” was allegedly used to classify people who are believed to be affiliated with the Hizmet movement, which is inspired by the teachings of Turkish Islamic scholar Fethullah Gülen.

Hizmet in Context: Societal Islam Versus Political Islam

The Hizmet movement is according to Ebaugh (2010) a civic movement rooted in Islam that is independent from the state. Others see it simply as a faith- based movement (Esposito and Yilmaz 2010). Agai (2004) describes it as an education network and Hendrick (2009) as a global pressure group to promote Turkish interests.

State Islam versus civic Islam

Using the Hizmet movement, AK party wants to create a common enemy that would be recognized as such by different social groups. It demonizes the movement and makes it a target of the social opposition. But all these tricks and methods do not eliminate one basic truth. There is an unusual experience in Turkey. There is an ongoing war between “state Islam” and “civic Islam.”

Latest News

Logistics companies seized over Gülen links sold in fast-track auction

That is Why the Turkish Government could Pay 1 Billion Euros

ECtHR rules Bulgaria violated rights of Turkish journalist who was deported despite seeking asylum

Fethullah Gülen’s Message of Condolences in the Wake of the Western European Floods

Pregnant woman kept in prison for 4 months over Gülen links despite regulations

Normalization of Abduction, Torture, and Death in Erdogan’s Turkey

Turkey’s Maarif Foundation illegally seized German-run school in Ethiopia, says manager

Failed 2016 coup was gov’t plot to purge Gülenists from state bodies, journalist claims

Grondahl: Turkish community strong in wake of threats from back home

In Case You Missed It

Islam is compatible with Democracy, despite Turkey’s recent example

Which is the bigger threat, Turkey’s coup or Erdogan’s response?

Dedicated couples teaching Turkish to the world

First female chairwoman appointed at Kimse Yok Mu

Arınç says Gülen’s offer to hand over prep schools ‘sacrifice’

Erdoğan gov’t threatened to ‘wipe TUSKON off market map,’ says chairman

Erdoğan and Gülen: The Marriage of Convenience

Copyright 2021 Hizmet News