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

When the masks have fallen

It seems that the judiciary will be forced to investigate the claims of a so-called illegal organization, and sham trials will be performed to intimidate the Hizmet movement and cover up the corruption claims that become public on Dec. 17, 2013, by taking tactics from the former Ergenekon supporters nested within the army, the bureaucracy, business circles, the media and the judiciary.

Government files complaint against daily for exposing plot against Gülen

The Prime Ministry, the National Security Council (MGK) and the National Intelligence Organization (MİT) have filed a criminal complaint against the Turkish daily which has revealed that Turkey’s ruling Justice and Development Party (AK Party) government signed on to a planned crackdown on the Hizmet (Gülen) movement. The Prime Ministry, the National Security Council (MGK) […]

Or is it Gülenophobia?

Turkey’s frequently changing agenda has recently been dominated by one issue: An İstanbul prosecutor overseeing an investigation into a Kurdistan Workers’ Party (PKK)-linked terrorist organization has asked the Ankara Prosecutor’s Office to hear the testimony of National Intelligence Organization (MİT) Undersecretary Hakan Fidan and has obtained arrest warrants for four other MİT agents. MERVE BÜŞRA […]

Deported Turkish Teacher Was Denied Political Asylum, DP Calls For Independent Investigation

The Turkish teacher who was deported to Turkey on 1 January had requested political asylum, but the request was denied.

Another ‘coup suspect’ found dead in Turkish prison, bringing total to 21

At least 21 people have reportedly committed suicide either after they were imprisoned over ties to the movement or after being linked to the movement outside prison. The relatives of most of them claim that the detainees are not the kind of people to commit suicide, shedding doubt on the official narrative. Rumours also have it that some of the detainees were killed after being subjected to torture under custody.

Woman sent to prison on coup charges hours after surgery

Ayşe Bulut Yanılma, a female teacher who used to work at a prep-school affiliated with Turkey’s Gülen group, has been arrested by a Turkish court hours after she had a surgery at a Kocaeli hospital.

Latest News

Fethullah Gulen – man of education, peace and dialogue – passes away

Fethullah Gülen’s Condolence Message for South African Human Rights Defender Archbishop Desmond Tutu

Hizmet Movement Declares Core Values with Unified Voice

Ankara systematically tortures supporters of Gülen movement, Kurds, Turkey Tribunal rapporteurs say

Erdogan possessed by Pharaoh, Herod, Hitler spirits?

Devious Use of International Organizations to Persecute Dissidents Abroad: The Erdogan Case

A “Controlled Coup”: Erdogan’s Contribution to the Autocrats’ Playbook

Why is Turkey’s Erdogan persecuting the Gulen movement?

Purge-victim man sent back to prison over Gulen links despite stage 4 cancer diagnosis

In Case You Missed It

Der Spiegel: Turkish embassies pursuing Erdoğan critics in 35 countries

When nations spy on their nationals on foreign soil

Australian PM praises int’l language festival’s contribution to peace

Diplomatic solution: Pak-Turk schools may not be shut down after all

Fethullah Gulen and the Hizmet Movement by Annabel Hertz

LDP leader says received ‘indecent proposal’ from pro-gov’t paper

Erdoğan and Gülen: The Marriage of Convenience

Copyright 2024 Hizmet News