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

Turkey Has Stolen The Future Of A Medical Student From Uganda

I’m going to devote my column today to, Ibrahim Seruwagi, a young exchange student from Uganda who was robbed off his years of university education in Turkey when he got caught up in the persecution by the Erdoğan government. He was only a month away from graduating from medical school.

Yet another woman faces detention at hospital immediately after giving birth

Police are waiting outside a room in Ankara Memorial Hospital to detain Feyza Yazıcı, who gave birth to a premature baby on Friday, as part of the Turkish government’s witch-hunt against the Gülen movement.

Concluding statement of the International panel on Mary announced

The international panel, titled “Mary in the Holy Scripture and Qur’an,” which was jointly held by the Journalists and Writers Foundation’s (GYV) Intercultural Dialogue Platform (KADİP), the Tevere Institute and İzmir Intercultural Dialogue Center (İZDİM), was concluded with a statement.

A Forum On Africa in Turkey (II)

Istanbul was peaceful when we arrived to attend the 29th Abant international forum titled: “Africa: Between Experience and Inspiration”. The event which brought together about 160 participants held between June 28-30, 2013 at a serene and scenic mountain resort of Abantu Buyuk Hotel in Bolu,Turkey.

Opposition deputy: Police detain one more woman shortly after delivery

B.Ö., a Turkish woman who gave birth on Thursday in the Turkish province of Adana, was detained ealy later the same day over alleged links to Turkey’s Gülen group. Sezgin Tanrıkulu, a Turkish deputy from the main opposition Republican People’s Party (CHP) has called on Turkish authorities to stop the practice of detaining women hours after giving birth.

Businessmen voice frustration over smear campaign against Hizmet

The Akşehir Industrialists and Businessmen’s Association (AKSİAD) has condemned an ongoing defamation campaign being conducted against the Hizmet movement inspired by Turkish Islamic scholar Fethullah Gülen, calling on government officials to refrain from the hate speech and polarizing rhetoric that are damaging the society.

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

Islamic lender raises capital after massive gov’t withdrawal

Volunteer doctors to perform surgeries in Mali under leadership of Kimse Yok Mu

Stability in the post-Erdoğan era

Government carried out a “controlled” coup in an attempt to exploit its outcomes: Opposition leader

Rethinking the state-people relationship [in Turkey]

Global Dignity Day marked in Turkey

Dismissed police officer dies of heart attack in German refugee camp

Copyright 2026 Hizmet News