U.S., Turkey at impasse over extraditing Muslim cleric living in Poconos


Date posted: August 28, 2016

JOSH LEDERMAN, ERIC TUCKER

Turkey says the United States is legally bound by a treaty to immediately hand over Fethullah Gulen, the Poconos-based Muslim cleric it accuses of plotting to overthrow Turkey’s government.

The U.S. government says it can’t comply until Turkey can convince a judge that its allegations against Gulen, who has lived in Monroe County since 1999, are legitimate.

Any solution lies in the murky world of extradition, where the U.S. criminal justice system overlaps with diplomacy and international law.

Unable to agree about the process, Turkey and the U.S. are feuding over Gulen, who denies involvement in the thwarted July 15 coup attempt. It’s become the biggest irritant between the two strategic partners just as they struggle to reconcile their approaches to fighting the Islamic State group across Turkey’s border in Syria.

During Vice President Joe Biden’s visit to Ankara this week, the disagreement played out in unusually sharp and open fashion. Both Turkey’s prime minister and president publicly badgered Biden and said the U.S. was harboring a terrorist, while Biden tried simultaneously to show sympathy and defend U.S. legal traditions.

“It’s never understood that the wheels of justice move deliberately and slowly,” Biden said.

A look at the case against Gulen and how extradition works:

Q: Why does Turkey want Gulen extradited?

A: Once an ally of President Recep Tayyip Erdogan, Gulen now lives in self-imposed exile in Ross Township. He’s associated with Sufism, or Islamic mysticism, and a founder of a movement known as Hizmet — “service” in Turkish — that first expanded outside Turkey in the early 1990s after the Soviet Union fell. Gulen’s followers have established a network of schools around the world, and Turkey accuses Gulen of surreptitiously grooming students to eventually overthrow Turkey’s government. But U.S. officials say privately they’re skeptical about claims that Gulen was involved in the failed coup.

Q. Has Turkey provided evidence that Gulen should be returned?

A: Yes and no. Turkey has submitted extradition requests for Gulen, but senior Obama administration officials say those requests were based on alleged crimes before the coup attempt. Turkey’s justice minister says more evidence relating specifically to the failed coup will be submitted next week.

Q: How does extradition ordinarily work?

A: Foreign countries seeking to prosecute individuals in the United States must submit a formal request to the U.S. government laying out evidence. The requirements are spelled out in a 1979 treaty between the U.S. and Turkey that allows for extradition for crimes recognized in both countries.

The State Department and the Justice Department both have a hand in processing requests. The U.S. Attorneys’ Manual says after the State Department receives the requests, the Justice Department evaluates them. Those determined to be legally sufficient are forwarded to the court district where the person being sought lives so he or she can be detained and brought before a magistrate.

The process generally unfolds in secret, with countries inclined to avoid tipping off subjects of their extradition requests. By publicly broadcasting their intent to seize Gulen, Turkey is “playing to the public arena” rather than strict legal protocol, said former State Department legal adviser Ashley Deeks, who teaches national security law at the University of Virginia.

Q: How does the U.S. decide whether Turkey’s request moves forward?

A: This appears to be where the understanding between the U.S. and Turkey has broken down.

The treaty doesn’t lay out in detail how much discretion the U.S. has to evaluate the merits of the allegation before turning the request over to a judge. So Turkey, having submitted a request, says Gulen should be turned over immediately — or “at least be detained, arrested and kept under surveillance” while the process plays out, Erdogan said on Wednesday.

But aside from the treaty, the U.S. government also has constitutional and domestic legal requirements to worry about. That includes making sure any arrest warrants issued in the U.S. meet the standard of probable cause.

“They’re not going to just pick him up and put him on a plane to Istanbul. That’s crazy,” said Douglas McNabb, a Houston-based lawyer specializing in extradition. Added Andrew Levchuk, formerly an attorney in the Justice Department’s Office of International Affairs: “It’s entirely up to us what steps we take.”

Q: Let’s say the U.S. decides the request is legitimate. What happens next?

A: Gulen would be brought before a magistrate in Pennsylvania. It’s not a trial. The U.S. attorney’s office wouldn’t have to prove he’s guilty, just that there’s sufficient legal basis for him to be tried in Turkey.

If the judge recommends extradition, the request goes back to the State Department. That’s where Gulen’s attorneys could present other arguments against extradition, such as claims he’d be tortured if he were returned or that the health of Gulen, who is in his 70s, is too poor for him to travel.

Q: Are there any exceptions in the treaty?

A: Yes, a big one.

The treaty says extradition may be refused if the crime is regarded to be of a “political character or an offense connected with such an offense.” Turkey’s longstanding gripes with Gulen could provide fodder for such an argument, though the treaty does say any offense committed against a head of state can’t be classified as of a “political character.”

“The defendant in this case is going to scream to the high heavens that this is politically motivated,” predicted Frank Rubino, a lawyer who defends individuals facing extradition.

Source: The Morning Call , August 25, 2016


Related News

3 taken into custody for asking Minister Ala questions

Three people were taken into custody by security forces on Monday for asking Interior Minister Efkan Ala questions about Islamic scholar Fethullah Gülen and the settlement process to end the Kurdish issue.

13 criteria Erdogan regime uses to determine Gulen supporters are terrorists

Dr. Ismail Sezgin of the Centre for Hizmet Studies in the UK highlights the 13 criteria, based on Turkish PM Binali Yildirim’s statement, to identify Gulen supporters, who the regime considers terrorists. The arrests and purge in Turkey are made according to these criteria. Dr. Sezgin explains that these are nothing to with coup-plotting or terrorism. With these criteria the government of Turkey can anyone and this is what has been happening in Turkey.

Human Rights Foundation asks Kosovo PM to free 6 Gulen followers

US-based Human Rights Foundation has asked, in an urgent letter, to free 6 Gulen followers, arrested facing deportation to Turkey at the Turkish President Recep Tayyip Erdogan’s order.

[Political Scandal a la Turca] What is happening in Turkey right at this moment?

Responding to the allegation that the Hizmet community is behind the investigation, and to a broader one suggesting that the Hizmet movement is fighting the AKP government, both Mr. Gülen himself and the Journalists and Writers Foundation (GYV), based in İstanbul, denied any such motivation or involvement. Furthermore, they invited the state authorities to prove those allegations, and take legal action if any evidence is found substantiating them. Mr. Gülen’s lawyer condemned and rejected the allegations as an attempt to divert public attention away from the massive bribery scandal and defame his client.

New York Times urges Obama not to deport Gulen

In an editorial titled ‘Let Mr. Erdogan Fight His Own Battles’ published on May 2, the New York Times said ‘The American government is obliged to examine the request if Mr. Erdogan follows through and formally files one. But right now the threat seems to be nothing more than a crass and cynical attempt to exploit the law, and Turkey’s alliance with the United States, for political payback.’

Fethullah Gulen on ‘GPS’: Failed Turkey coup looked ‘like a Hollywood movie’

“I have always been against coups, and I cursed them,” he said. “I would curse people who resort to coups against democracy, liberty, republic.” Gulen said returning to Turkey would only complicate matters. Asked if he had a message for Erdogan, Gulen said: “I only pray that he would not go to the presence of God with all these sins he committed.”

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

Erdogan Purge Against Gulenists Could Prove Lucrative

Netherlands fires a lawyer from gov’t job due to her role in witch hunt against Gulen followers

AK Party gov’t spokesman confirms National Intelligence Organization profiling of faith-based movements

Students of Turkish school in Iraq learn four languages

Study Reveals Horrible Pattern Of Hate Speech By Erdoğan, The Chief Hatemonger In Turkey

Exiled Turks Fleeing Erdogan Find New Lives in Greece

Thousands bid farewell to Turkish teacher killed in Somalia

Copyright 2026 Hizmet News