What’s Friendship Got to Do With [Mr. Gulen’s] Extradition?


Date posted: August 10, 2016

Nicholas Danforth

America and Turkey are heading towards a slow-motion train wreck over Turkey’s demand that the United States hand over Fetullah Gülen, a Turkish cleric living in Pennsylvania who may have played a role orchestrating Turkey’s recent coup attempt.

To extradite Gülen, the Turkish government will need a favorable political decision from the State Department and a favorable legal decision from a Pennsylvania judge. Yet Ankara continues to dismiss the legal component of the process, as if political pressure alone is sufficient to secure Gülen’s extradition. In doing so, Turkey not only weakens its legal case but erodes the political support that will be necessary as well. The Wall Street Journal reported that the State Department remains unconvinced by Turkey’s extradition case. The stage is now set for a collision between Turkey’s demand for justice and the demands of the U.S. justice system. Unfortunately, the U.S.-Turkish alliance will feel the brunt.

The stage is now set for a collision between Turkey’s demand for justice and the demands of the U.S. justice system.

“What kind of partners are we,” Turkish President Recep Tayyip Erdoğan recently asked of America, “if you request documents when we ask for a terrorist?” It’s a question that Margaret Thatcher might have asked, albeit more politely, during the 1980s, when a failed attempt to extradite a Provisional Irish Republican Army (PIRA) militant revealed that even America’s most special international relationships are subject to the restrictions of the U.S. legal system.

In May 1980, PIRA member Joe Doherty shot and killed a British soldier in Northern Ireland. Doherty was captured, tried, and convicted for the killing in the UK. He later escaped from Crumlin Road Jail in June 1981 and fled to the United States, where he was rearrested in June 1983. The U.S. executive branch strongly supported extradition, both on account of the special relationship with the United Kingdom and the Reagan administration’s explicit focus on combating terrorism. And the case took on a special significance for Thatcher, especially when two months before Doherty’s extradition hearing, a bomb exploded at a hotel in Brighton, nearly killing Thatcher and members of her cabinet. Nonetheless, John E. Sprizzo, a federal judge for the U.S. District Court for the Southern District of New York, ruled that Doherty’s crimes were non-extraditable according to a controversial but widespread exemption barring extradition in the case of political offenses.

If the U.S. government couldn’t bend the law for the Iron Lady, it is unlikely to do so for Erdoğan.

Sprizzo’s decision infuriated the Reagan administration. A top Justice Department official called the ruling “outrageous” and claimed that it made the U.S. legal system “complicit in terrorism.” But of course the administration was bound by the judge’s decision, which it subsequently appealed multiple times to no avail. In the end, it required the negotiation of a new extradition treaty in 1985 before Doherty and several other fugitive PIRA members could eventually be sent back to the United Kingdom. However, Doherty’s case differs from Gülen’s in an important way: Doherty’s guilt was never in question, only the political nature of his crime. With Gülen, the judge will also have to decide that Turkey’s evidence represents probable cause for implicating Gülen himself, and not simply his followers, in the coup attempt. Even if this standard is met, however, Turkey’s fervent demands for extradition may provide further grounds for Gülen to seek a political exemption.

Suffice it to say, if the U.S. government couldn’t bend the law for the Iron Lady, it is unlikely to do so for Erdoğan. And the more Ankara demands it, the more Americans will recoil. While the question of whether Gülen would receive a fair trial in Turkey will not be considered by U.S. courts, it will inevitably factor into the Obama administration’s calculus, alongside the question of whether Gülen might be tortured if sent to Turkey. Deriding the need for evidence while flaunting pictures of badly beaten coup plotters makes extradition all the more politically unpalatable, no matter how geostrategically convenient it might be.

The decision on Gülen’s extradition will ultimately rest in the hands of a judge whose job is to not care about the political consequences.

On a visit to Washington to lobby for Gülen’s extradition, Nationalist Action party parliamentarian Kamil Aydin expressed his belief that “America is going to refuse losing Turkey as a good partnership in the region.” But even if Turkish politicians do not believe that America operates according to the rule of law, they should at least be aware that most Americans are proud to think that it does. Turkish commentators, for example, have eagerly brought up Guantanamo Bay as proof of the U.S. government’s willingness to violate its own principles. But do they really expect that an argument about U.S. hypocrisy would in turn convince the U.S. government to act against its principles on Turkey’s behalf? Treating Gülen’s extradition as an issue in which the U.S. government can be bullied into compliance risks offending Americans’ amour propre to the point where many conclude, as Stephen Kinzer wrote for The New York Times, handing over Gülen would be “a compromise too far.”

Turkish leaders are undoubtedly correct in saying that if the United States fails to extradite Gülen it will deeply damage U.S.-Turkish relations. That should worry them, since it is entirely possible that in the absence of more compelling evidence, the U.S. justice system will reject their demands and in doing so, potentially endanger one of Turkey’s most important alliances. Even if the U.S. government provides all the support it can, the decision on Gülen’s extradition will ultimately rest in the hands of a judge whose job is to not care about the political consequences.

Source: Bipartisan Policy Center , August 8, 2016


Related News

Rule of law(lessness) in Turkey?

It turned out that I was overly optimistic, for I did not want to believe that a prime minister who bravely fought the old, authoritarian establishment in the people’s name for years could have changed so much, adopting just the same behavior we were subjected to in the past. I had thought that those bitter experiences were only a distant memory. Unfortunately, I was wrong — terribly so.

Fethullah Gulen Acquitted

The Turkish Supreme Court of Appeals has rejected the Chief Prosecutor’s Office’s objection to the acquittal of scholar Fethullah Gulen, which was upheld by the appeals court in early March. Gulen had been charged with “establishing an illegal organization”. The objection was soundly defeated by a 16 to 7 vote. Fethullah Gulen’s acquittal has been […]

Dozens take to Parliament Hill to protest Turkish human rights violations

Dozens of protesters packed the steps of Parliament Hill Saturday to draw attention to human rights violations against women and children in Turkey, in the wake of last summer’s failed coup.

Gursel Tekin: Gulen’s remarks on the third bridge are valuable

Hüseyin Keleş Republican People’s Party Deputy Chairman Gursel Tekin gave the daily Zaman noteworthy statements on Turkey’s heated agenda. Speaking of the controversies over naming the third bridge as “Yavuz Sultan Selim”, Tekin expressed his support for Fethullah Gulen’s remarks, saying, “Let’s not sacrifice all the bridges to build one. To me, we should not ruin the order […]

‘Turkish people not silly to believe slanderous news about Gülen’

Lawrence E. Carter, the dean of the Martin Luther King Jr. International Chapel, stated that a campaign of slander has bene launched against religious scholar Fethullah Gülen and Hizmet Movement but Turkish people are not stupid to believe such defamations.

Opposition CHP to take Gül-approved dershane law to Constitutional Court

The main opposition Republican People’s Party (CHP) is preparing to take a controversial law closing Turkey’s dershanes, or private preparatory schools, to the Constitutional Court, the party said a day after President Abdullah Gül signed the bill into law on Wednesday.

Latest News

Turkish inmate jailed over alleged Gülen links dies of heart attack in prison

Message of Condemnation and Condolences for Mass Shooting at Bondi Beach, Sydney

Media executive Hidayet Karaca marks 11th year in prison over alleged links to Gülen movement

ECtHR faults Turkey for convictions of 2,420 applicants over Gülen links in follow-up to 2023 judgment

New Book Exposes Erdoğan’s “Civil Death Project” Targeting the Hizmet Movement

European Human Rights Treaty Faces Legal And Political Tests

ECtHR rejects Turkey’s appeal, clearing path for retrials in Gülen-linked cases

Erdoğan’s Civil Death Project’ : The ‘politicide’ spanning more than a decade

Fethullah Gülen’s Vision and the Purpose of Hizmet

In Case You Missed It

Not appearing in the worst selfie in history

‘Let my husband go to another country, just not Turkey’

German translation of Gulen’s book at Frankfurt Book Fair

10 unanswered questions about the Dec. 17 operation

Fethullah Gülen speaks at UN

Putting Foolish Labels: “Gulen Charter Schools”

Gülen Institute awards essay winner students on Capitol Hill

Copyright 2026 Hizmet News