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

Ministerial bureaucrats being purged over their alleged affiliations with Hizmet

Radikal said the only criteria in these purges is the “parallel state,” a term the government uses to define those bureaucrats known to favor the Hizmet movement, which is a grassroots movement based on voluntary participation to spread interfaith dialogue and tolerance with a particular emphasis on education.

Dehumanize me Turkish-style — no comment

Following the Dec. 17 and 25 corruption investigations implicating Cabinet ministers and senior members of the Justice and Development Party (AK Party) government, Prime Minister Recep Tayyip Erdoğan, his inner circle and pro-AK Party media have launched a concerted, collective and comprehensive dehumanization strategy against Fethullah Gülen and the Hizmet movement. What follows is a snippet of the type of language used without comment, as comment is not needed.

Criminal complaint filed against media organizations publishing Gülen’s speeches

An organization called the Law and Democracy Foundation which was established by lawyer Mehmet Ali Canlı, a Justice and Development Party (AK Party) hopeful in the June 7 general election, on Wednesday filed a criminal complaint against media organizations that publish the speeches of Fethullah Gülen, a renowned Islamic scholar.

Unmasking Turkey’s most wanted man

Gülen had been charged after the military coups in 1971 and 1980, and again in the late 1990s. Gülen was acquitted of the charges three times.

US, Gülen to trigger artificial earthquake(!) in İstanbul, Ankara mayor says

Ankara’s mayor Melih Gökçek claimed in series of tweets from his personal account on Saturday that external powers, including the US, is planning to trigger a artificial eartquake in İstanbul along theGülen Movement. “I had said FETO and US expects an earthquake in İstanbul in August 14 similar to the Gölcük eartquake in 1999. I ruined their plan after revealing in TVs. But the propoganda continues. The plan was to trigger an earthquake in İstanbul to destroy Turkey’s economy as US promised to FETO,” Gökçek wrote.

My Nominee for the Nobel Peace Prize is Fethullah Gulen

Fehmi Koru, Houston, Texas 15 October 2005 I do not have a voting right for Nobel nominations, but if I did, my nomination for the peace prize is ready: Fethullah Gulen. Of course, I know he’s controversial even in Turkey, he doesn’t appear in public anymore, he seldom grants interviews, yet nevertheless many in Turkey […]

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

Peshawar High Court halts government order to deport Pak-Turk school staff

Erdoğan’s aide: Unjust to suggest Hizmet eavesdropped on PM

Sultan of Zing: Erdogan’s power trip makes African pit stop

Businessman jailed over Gülen links dies of cancer after his belated release from prison

Nine-year-old beats 25,000 others in Maths competition

Prof. Weller: Hizmet [movement] accomplished bringing together oppositions in society

Kimse Yok Mu distributes aid to Mongolian orphans

Copyright 2026 Hizmet News