Interview: U.S. Judge Says Turkey’s Judiciary ‘Taken Over’ By Erdogan

Judge Mark Wolf:
Judge Mark Wolf: "When the attempted coup occurred in July, within 24 hours there were arrest warrants for almost 3,000 judges. And it's very clear, and in fact it's been admitted by the deputy chair of the High Council, that that list of judges had existed for years."


Date posted: October 28, 2016

Abbas Djavadi

Mark L. Wolf is a senior U.S. federal judge who went to Turkey in 2012 to help train the country’s prosecutors and judges to be more independent and more impartial.

In an October 25 interview in Prague with Abbas Djavadi, regional director of programming at RFE/RL, Wolf shares his views on the situation of rule of law in Turkey following the attempted coup in July.

RFE/RL: According to judiciary sources in Turkey, authorities have recently either fired or arrested as many as 3,700 judges and prosecutors. They are alleged to have links to U.S.-based Muslim cleric Fethullah Gulen, who is accused of masterminding the July coup attempt. How do you view this crackdown on members of Turkey’s judiciary?

Judge Mark Wolf: Even before the coup [eds. attempt] in July, the judiciary was being essentially taken over by Prime Minister Recep Tayyip Erdogan [eds: who served as prime minister before becoming president in 2014]. When the attempted coup occurred in July, within 24 hours there were arrest warrants for almost 3,000 judges. And it’s very clear, and in fact it’s been admitted by the deputy chair of the High Council [of Judges and Prosecutors, the body that selects and assigns judges], that that list of judges had existed for years. That list wasn’t prepared in the hours following the coup, but the coup provided an opportunity — perhaps a pretext — to not just demote people who might stand up for the rule of law, but to lock them up.

RFE/RL: The crackdown is not only targeting judges and prosecutors. A total of more than 50,000 government and state employees, including members of the military, academics, and teachers, have been fired since July, and some of them are sitting in prison right now. What can you say about the judicial proceeding?

Wolf: There has been no specific charge against any judge who’s being detained, no judicial proceeding that I know of — although there are some judges who have been released from detention, but no judicial proceeding –and it’s not possible to imagine right now that there could be a fair proceeding.

There’ve been some special courts set up to handle the detention cases, but it’s impossible to imagine that any judge in Turkey would fairly preside in a case and decide that the defendant, the person being charged, was not guilty of being linked to this [alleged] terrorist organization associated with Gulen, because it’s foreseeable that judge would then get locked up. And, indeed, there are reports of judges crying as they have detained their former colleagues, knowing that it’s unjust but also knowing that if they didn’t order the detention they would be the next in line to go to jail.

RFE/RL: Is this situation new for Turkey? Back in 2012 and 2013, the Ergenekon and Sledgehammer coup cases raised serious concerns about the independence of Turkey’s judiciary.

Wolf: Turkey does not have a wonderful history of an independent judiciary and honest prosecutions, but it did — in 2012 and 2013 at least — have a group of people who were trying to establish an honest, impartial, independent judiciary and…prosecutors as well. And now that effort has been frustrated, it was being frustrated, the effort was being suppressed before the coup attempt and that effort has accelerated and has received momentum since the coup attempt.

RFE/RL: The Turkish government is calling on the United States to hand over Gulen, with top officials threatening Washington that Ankara would cut ties if he were not extradited. Where are we with the extradition of Gulen, who is a permanent resident of the United States?

Wolf: My understanding is that no formal extradition request has been made [by Turkey]. When that request is made, there’s an established legal process in the United States that’ll have to be followed, which I understand will eventually include a United States district judge like me — but not me — deciding whether the standards for extradition are met.

Those standards include the following: One, there’ll have to be reliable evidence that Mr. Gulen committed acts which would be a crime in Turkey and also a crime in the United States. That evidence may exist, I don’t know.

There are two other issues. As I understand it, under United States extradition law, even if there’s evidence that a person committed acts that are a crime in Turkey and would be a crime if committed in the United States, he wouldn’t ordinarily be extradited unless the United States judge was satisfied that he would get a fair trial in Turkey and that there was not a significant risk that he would be tortured.

Now, some other judge will have to decide this. I haven’t seen the evidence, I haven’t seen what assurances might be given. But is it possible to imagine that if Mr. Gulen is returned to Turkey he will receive a fair trial?

RFE/RL: Do you think the West is doing enough to encourage respect for the rule of law in Turkey?

Wolf: Turkey is an important military ally of the United States in the battle in Syria, in the battle against [the Islamic State group]. Turkey is an important barrier to refugees overwhelming Europe and I think these countervailing considerations have caused the United States and its European allies to be mute or much less emphatic about the importance of observing the rule of law in Turkey.

In my view — well, this is a difficult dilemma for somebody in the [U.S.] executive branch — the president [Barack Obama] and those who work with him. It’s short-sighted. Turkey is a NATO ally, the NATO alliance is intended to be made up of democracies and I think if Turkey does not observe the rule of law it will not be a reliable or ultimately valuable partner to the United States and its NATO allies.

So, the situation in Turkey has created difficult challenges for the United States and its allies, but I think if we’re not more energetic in advocating for the rule of law it will be shameful, we would have allowed honest judges, prosecutors, and others to be detained and have their families and their lives destroyed. And, ultimately, we would not have a faithful ally.

Source: Radio Free Europe , October 26, 2016


Related News

Top court annuls controversial law on prep school closure

Turkey’s Constitutional Court has annulled a controversial law seeking to close down dershanes, or private preparatory schools, in a landmark ruling that will influence the lives and futures of millions of students, parents and teachers across the country.

Court imposes punitive fine on author for libeling Gülen family

Mısıroğlu was found guilty of fabricating lies about Gülen’s father and grandfather in his book, “Manipulation Movements from Past to Present – 3.”
Gülen’s brothers Seyfullah and Salih Gülen and his uncle Seyfettin Gülen sued the author at the 2nd Criminal Court of First Instance, arguing that the claims in the book are baseless and defamatory. Fethullah Gülen’s lawyers have filed a second libel suit against Mısıroğlu at the İstanbul 12th Criminal Court of First Instance.

German intel expert says, based on CIA, BND reports, Erdoğan was behind failed coup

German intelligence expert and author Erich Schmidt-Eenboom has said Turkish President Recep Tayyip Erdoğan, not the faith-based Gülen movement, was behind a failed coup attempt in Turkey on July 15, 2016 based on intelligence reports from the US Central Intelligence Agency (CIA) and the German Federal Intelligence Service (BND).

Six heads of organized crime unit dismissed as hundreds relocated in new police purges [just after an operation against al-Qaeda]

The new relocations come as two heads of anti-terror units who conducted an operation against al-Qaeda and raids against a local branch of the Humanitarian Relief Foundation (İHH) charity were dismissed on Jan. 14.

Will Malaysian Prime Minister Najib Allow Kidnappings In His Country?

The recent politically motivated kidnapping incidents backed by the Turkish authorities which targeted the followers of Gulen movement in Malaysia raise serious questions about the standards of the rule of law, civil liberties, the individual rights and quality of the political system of Malaysia.

Erdoğan’s house of cards

In a long statement, the Journalists and Writers Foundation (GYV), whose honorary chair is Gülen, has called on the government to submit whatever evidence it has on conspiracies, such as those involving a “deep state” and “parallel structures” as well as accusations of “treason,” “espionage” and “collaboration with international powers” against the interests of Turkey. In other words, Gülen is standing firm and not blinking in the face of Erdoğan’s preposterous threats.

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

The Hizmet Movement: ‘Terrorist’ or Terrorised?

Persecution of the Gülen Movement in Turkey

Bryan couple joins interfaith tour of Turkey

Turkish teacher jailed over Gülen links dies in prison due to lack of medication

Conference on Gülen’s thoughts on ideal society being held in Pakistan

Growing number of Turkish citizens apply for asylum in Germany

International Panel: The Virgin Mary in the Holy Books [in Istanbul]

Copyright 2026 Hizmet News