Prof. Nanda: Extraditing Fethullah Gulen to Turkey would erode the rule of law

President Donald Trump speaks during a news conference with Turkish President Recep Tayyip Erdogan in the East Room of the White House, Wednesday, Nov. 13, 2019, in Washington. (AP Photo/ Evan Vucci)
President Donald Trump speaks during a news conference with Turkish President Recep Tayyip Erdogan in the East Room of the White House, Wednesday, Nov. 13, 2019, in Washington. (AP Photo/ Evan Vucci)


Date posted: November 21, 2019

Professor Ved Nanda

“I’m a big fan of the president,” said President Donald Trump at the joint press conference with Recep Tayyip Erdogan, adding that he had “a great relationship both personally with President Erdogan and with the great country of Turkey.” This was after a five-hour meeting at the White House on November 13. However, that visible show of warmth and friendship could not hide the growing tensions between the two countries.

Defying persistent objections from the U.S. administration, Turkey has purchased an air defense system from Russia. S-400 missiles were delivered in July 2019. The U.S. fears that Russia could gain access to American F-35 communications and defenses and has barred Russia from joint manufacturing or purchasing of F-35 war planes. Under U.S. law, the White House must impose sanctions on countries that acquire Russian defense equipment, but the Trump administration hasn’t done so, claiming that this system will not become operational until April.

Turkey resents the recent House resolution, passed overwhelmingly, that calls the 1915 massacre of 1.5 million Armenians a genocide. It is equally offended by another House resolution imposing sanctions on selected Turkish officials for the country’s invasion of Syria and the bombing of civilians, resulting in 100,000 people fleeing the area. Reportedly, the militia under Turkish control has also committed war crimes.

Turkey considers unacceptable the U.S. alliance with the Syrian Kurdish People’s Protection Units (YPG), which it alleges are collaborating with the Kurdish People’s Party (PKK) and are terrorists. These are the fighters who repelled the ISIS fighters from North Syria, having suffered thousands of casualties as partners of the U.S.

A serious bone of contention has been Turkey’s extradition request for a frail Muslim cleric, Fethullah Gulen, once an ally and now an opponent of Erdogan, who promotes moderate Islam all over the world and has run a number of businesses, charities, and charter schools. A green card holder, he lives in a 26-acre retreat in Saylorsburg, Pennsylvania, and faces terrorism and treason charges in Turkey for accusations that he was the mastermind behind the 2016 failed coup against Erdogan. Gulen has consistently denied the charges. After the failed coup, Erdogan purged thousands from the civil service, armed forces, and judiciary, claiming that they were Gulen followers. The administration has also severely restricted freedom of assembly, association, and movement. Turkey has the highest number of imprisoned journalists in the world.

Michael Flynn, an adviser to Trump’s 2016 campaign and later his first national security adviser, now convicted and to be sentenced in December, lobbied for Gulen’s extradition to Turkey. Subsequently, Trump’s personal lawyer and former New York Mayor, Rudy Giuliani, has also raised the issue of Gulen’s extradition frequently during his White House visits.

Under international law, the extradition process begins with a country seeking a person who had committed a crime in that country or has been found guilty of an extraditable offense. The crime must be recognized in both countries; under many treaties, it must be a severe crime, usually carrying at least a one-year sentence in both countries. The standard is “probable cause.” Political crimes are not usually allowed as the basis for extradition, but then again, interpretation of “political crime” lies with each country.

In the U.S., extradition is based on treaties, of which the United States has over 100. The request is made to the State Department and the Secretary of State conveys it to the Department of Justice, which weighs the evidence. Turkey has sought Gulen’s extradition since 2016, but the Justice Department has not found sufficient evidence to extradite him.

Turkey’s strategic importance cannot be overestimated. However, Erdogan’s personal friendship with Trump alone cannot resolve the difficulties. Even if Trump may be willing to find a way to extradite Gulen or find another country to accept him in order to placate a NATO partner for geopolitical reasons, he must not. Once again, the damage to the rule of law would outweigh any benefit Trump hopes to gain from such an action.

Ved Nanda is a distinguished professor and director of the Ved Nanda Center for International Law at the University of Denver Sturm College of Law. His column appears the last Sunday of each month and he welcomes comments at vnanda@law.du.edu.

Source: The Denver Post , November 21, 2019


Related News

Fethullah Gulen’s Dialogue

In the contextual theology of Gulen, faith is always translated into action in light of the pressing needs of a given society. Islam, thus, becomes a language to speak about human needs and concerns as much as the content of these beliefs are shaped and understood by the prevailing context.

What is at stake is not prep schools [in Turkey]

Will Prime Minister Erdoğan really close prep schools down if he is bent on it? Why not? Although Deputy Prime Minister Bülent Arınç, speaking after a Cabinet meeting last Monday, tried to reassure people by announcing that the government will discuss the matter once more with the stakeholders involved, PM Erdoğan refuted Arınç once again by saying they would shut them down. Isn’t this sufficient in showing his resolve in this regard?

Gülen underlines values, rejects alliance with political party or leader

In response to a question on whether “the alliance” between the Justice and Development Party (AK Party) and the Hizmet movement had ended, Gülen said, “If we can talk about an alliance, it was around [the] shared values of democracy, universal human rights and freedoms — never for political parties or candidates.”

Gülen movement-backed Abant Platform to discuss Alevi-Sunni ties

The Alevi issue is the key theme of this year’s Abant Platform, which started on Dec. 13 by way of the organization efforts of the Gülen Movement-affiliated Journalists and Writers Foundation (GYV). The three-day meeting which has gathered intellectuals from various ideological camps came at a time when tension between the government and the movement has become extremely visible in the eyes of the public due to the former’s plans of “transforming” the private “cram schools.”

A warning from and for a troubled land – how easily a democracy can be dismantled

Recently a messenger came to Colorado with dark warnings from a troubled land: Abdulhamit Bilici, the former editor-in-chief of Zaman, Turkey’s go-to newspaper before President Recep Tayyip Erdogan’s brutal crackdown. You don’t often meet people like Abdulhamit Bilici in the United States. You almost can’t believe that someone with his backstory sits before you.

Parents slam Pak-Turk Schools possible handover to Maarif Foundation

Parents of students of Pak-Turk schools and colleges blasted the Pakistan government for handing over the education system to a Turkish nonprofit organization called Maarif Foundation. They said that the schools and colleges would suffer if handed-over to the “poorly-equipped and infamous” Maarif Foundation.

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

Mr. Erdogan’s Jaw-Dropping Hypocrisy

Malian minister praises Turkish schools for persevering through war

Twitter users protest plan to close prep schools in Turkey

Media’s test with politics: this is utterly disgraceful

Turkish charities wrap up preparations for upcoming Eid al-Adha

Kimse Yok Mu and MASFED to open hospital in Ethiopia

The AK Party versus the Gülen Community

Copyright 2026 Hizmet News