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

594 Young Children Growing Up In Turkish Prisons

Five hundred ninety-four children under the age of 6 are being kept with their mothers in Turkish prisons, Turkey’s Ministry of Justice said, the Diken news website reported on Tuesday.

GYV says arrest warrant for Gülen motivated by upcoming election

The Journalists and Writers Foundation’s (GYV), of which Fethullah Gülen is the honorary president, issued a statement on Wednesday slamming the government-orchestrated arrest warrant for Gülen as a government election tactic.

AFSV Condemns Erdoğan’s Persecution of the Hizmet Movement

The push by Turkish President Recep Tayyip Erdogan for the Prime Minister’s cabinet to designate the Hizmet movement — also known as the “Gülen movement” — as a terrorist organization only serves to further Erdoğan’s crackdown on dissent, civil society and the media.

Turkish government defiant as battle over prep schools rises

Both the government and the Gülen movement have raised the stakes in the debate over a plan to regulate private prep schools, or dershanes. The tension recently peaked, with Erdoğan describing the group’s objection to his government’s plans as a “smear campaign.” Ekrem Dumanlı, editor-in-chief of daily Zaman, which is known for its close ties with the Gülen movement, wrote an open letter to Erdoğan and urged him to review his decision.

Samanyolu schools to sue 3 government officials over unlawful search warrant

Samanyolu Educational Institutions are preparing to file a criminal complaint against three government officials on charges of misconduct related to an unlawful warrant to inspect all private schools in Ankara through the end of the 2015-2016 academic year, Today’s Zaman has learned.

TÜBİTAK changes olympiad scoring system, penalizes private schools

The Scientific and Technological Research Council of Turkey (TÜBİTAK) has changed the scoring system it uses to evaluate student grades in science olympiads it sponsors, giving private schools a smaller coefficient and thereby placing students from these schools at a disadvantage.

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

Journeys with the Gülen [Hizmet] Movement: 2008-2012 by James Harrington

When I met a Gandhian ‘Jihadi’ in America

Reasons to be worried about Turkey’s direction

Fresh resignation in Turkey’s ruling AKP over graft scandal

Turkey further from EU accession than in 2007, Swoboda says

Somali denies allegations that ‘aid supplies did not reach camp’

A rising profile for Turkish Cultural Center Vermont

Copyright 2026 Hizmet News