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

Hakan Şükür’s resignation: Rebellion of a conscience

Take a look at his wedding photo: on one side of a table is Islamic scholar Fethullah Gülen and on the other is Prime Minister Recep Tayyip Erdoğan. That photo reflects the feelings of millions. Şükür’s resignation is a sign that to him, that photo was torn up. If the government continues to keep up its hostile attitude against the Hizmet movement led by Gülen, millions will experience the same feeling. The real risk is here.

Approval rate of Turkish schools abroad at 78 percent

Research company Veritas conducted a survey in July 2013 with 4,296 people in face-to-face interviews in 42 provinces in an effort to measure the approval rate of the Turkish Olympiads that are organized annually.
Accordingly, 67 percent of the respondents expressed a positive opinion of these language olympiads while only 8 percent expressed a negative view.

Turkish Cultural Center Holds Annual Friendship Dinner

The Turkish Cultural Center Queens held its 12th annual friendship dinner and award ceremony at Flushing Town Hall last week. In the words of Turkish Cultural Center representatives, the dinner and awards ceremony brings together community leaders, elected officials, non-governmental organizations, clergy, academicians and others “to foster mutual understanding, respect and love.”

Turkish minister’s leaked email shows trustees to Gulen affliated organizations not appointed by courts

In the email Ahmet Özal says: “Definitely, trustees will be appointed to Turgut Özal University. … I think the esteemed president will also be happy if I cleanse Turgut Özal University [of Gülen sympathizers] and end the association between that community and my father’s name. I would be very pleased if you could convey this issue to the president [Erdogan] and help me get his support and approval.”

Independent deputy says there may be an attempt to pin political murders on Gülen movement

İlhan İşbilen, an independent deputy for İzmir, has said some sections of society are part of a “dirty scenario” that aims to make sure the Gülen movement, a faith-based grassroots social initiative, is uttered in the same breath as extrajudicial political killings.

Kimse Yok Mu to send aid for Syrian refugees with 50 TIRs

Aid materials were collected from various provinces in the Marmara Region and the TIRs arrived in Bolu province. The aid material will be given to around 117, 000 Syrians in the refugee camps. 300 tons of flour, 25 tons of milk, 200 tons of dry food and clothes have been loaded in trucks.

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

Ruling AKP officials downplay tension with Gülen movement

Dialogslussen establishes tradition of dialogue dinner in Stockholm

Gülen denies attempting to axe peace process

Interview with Kimse Yok Mu Foundation’s President Ismail Cingoz

Turkish Government Imprisons One More Mother With Her Baby Over Links To Gülen Movement

Anti-Zaman Campaign to Continue Amid Global Crackdown

Gülen urges Hizmet members to defend prep schools in civilized way

Copyright 2026 Hizmet News