Fethullah Gülen’s legal journey

Bulent Korucu
Bulent Korucu


Date posted: April 8, 2012

Bülent Korucu April 8, 2012, Sunday

James C. Harrington has a brilliant career as a lawyer who has practiced for 40 years and as a professor who has taught law in universities for 25 years. But what is even more important is his sensitivity to and struggle for human rights. He is one of the rare people who could author a book titled “Wrestling with Free Speech, Religious Freedom, and Democracy in Turkey: The Political Trials and Times of Fethullah Gülen.”

The book becomes even more crucial and valuable considering that Harrington wrote it without being influenced by the social and political environment in Turkey. He places emphasis upon objectivity and legality. The book is an analysis of not only the investigations initiated against Gülen but also of Turkey’s recent past from a legal perspective. The way a society generates law through implementers and the legislative body is closely related to its social, political and even economic conditions. Harrington successfully grasps the relevance of these conditions to the Gülen cases and the relationship therein. In this way, he produces a fantastic work that analyzes the last 15 years of the country. Harrington also creates interesting and useful comparisons and metaphors. For instance, he refers to the judiciary of the time as “the support wheel of the army.”

The judiciary did acknowledge its role in sometimes protecting the ideology of the state rather than delivering justice; in fact, it was proud of this position. A representative from the Supreme Court of Appeals confessed this fact before the parliamentary Judicial Affairs Commission, saying: “What Parliament does is 5 percent [of making legislation]. Our practices represent 95 percent.” It was also interesting that this statement was made during the deliberations and discussion on Article 312.

The lawsuits filed against Gülen can be summarized as follows: 1. He was prosecuted in coup eras, including those of 1971, 1980 and 1997. 2. Once it became apparent that his actions did not merit any criminal prosecution, his intentions were put on trial. 3. First he was lynched by media propaganda, then lawsuits were filed against him. 4. When no criminal element was found in his actions, the prosecutors wanted to make sure that no decision of acquittal was taken in the court so that he would still remain a suspect in the public eye. Gülen effectively responded to these tactical moves with his appeal to the State Security Court in the 1980 coup era and his strong demand for the conclusion of the case in the appeal process in 2008. This was something that a person who firmly believed he was innocent could do.

As with many other vicious trials, we also observe the cooperation between the media, judiciary and junta in this case. The main dynamic in this coalition served the Turkish elite, which did not want to lose its economic and social privileges. Harrington draws attention to the timing of the Gülen cases. It is interesting that reports on corruption cases in banks which amounted to $60-70 billion did not appear in the front pages of the newspapers back then.

The judiciary did acknowledge its role in sometimes protecting the ideology of the state rather than delivering justice; in fact, it was proud of this position. A representative from the Supreme Court of Appeals confessed this fact before the parliamentary Judicial Affairs Commission, saying: “What Parliament does is 5 percent [of making legislation]. Our practices represent 95 percent.” It was also interesting that this statement was made during the deliberations and discussion on Article 312.

In a technical sense, it is hard to talk about a legal trial in the Gülen cases. There have been violations of legal standards and rules in different stages of these cases, including the investigation, prosecution and even appeals. The prosecutor violated the principle of confidentiality: Before the trial, he leaked the indictment to the press. The list of violations also includes the failure to honor the rights to defense and to admit witnesses, and the dismissal of the motion asking for the review of the evidence by expert witnesses.

The abuse of the statute of limitations raises further questions on the sincerity of the prosecutors. The prosecutors, who realized that the case would be concluded with a decision of acquittal, asked for the dismissal of the case in reference to the statute of limitations in both the trial and appeal. In this way, they wanted to use the media in an attempt to raise suspicions surrounding Gülen; this would make it easier to summon him as a suspect in further cases. The prosecutor acted relentlessly irrespective of how this could have made his argument look contradictory. He referred to the charges from which the defendant was exonerated in 1995 as offenses. The book “Schools of Gülen” was included in the list of evidence despite the fact that its content was later rejected by the writers.

Yes, the cases in which Gülen was tried were attempts to convict him in the eyes of public opinion. In response, he defended himself both in court and in the public arena. Because he was exonerated in the public opinion every time, it was not possible to convict him. Despite allegations that he broke the law and concealed his actions, he acted meticulously to maintain transparency and legitimacy. He did not make any concessions or compromises on these matters, believing that the truth would be revealed some day.

Gülen’s faith in law and the legal process made his hand stronger. In response to assaults in the media against him, he pursued justice within the judicial mechanism. The compensation awarded him for legal expenses made it easier for him to stand firm in the final hearings of the case.

In the cases, destroying the morale of the members of the [Hizmet] movement he inspired and undermining popular support for the movement were major goals that were more important than convicting Gülen. We could say that his opponents were defeated in that area as well because Gülen survived the cases and saw the expansion of popular support for him and the movement inspired by him.

Source: Today’s Zaman http://www.todayszaman.com/columnist-276750–fethullah-gulens-legal-journey.html


Related News

Why does Fethullah Gülen matter to the world?

It was believed in 2016 that Erdoğan was carrying out a witch hunt to drive Hizmet into the ground so as to completely erase its history in Turkey. However, that witch hunt never seemed to stop. In fact, it continues even today. The most recent examples are Kenya and Kyrgyzstan.

U.S. Not Persuaded to Extradite Fethullah Gulen Over Turkey Coup

Officials aren’t convinced by evidence against Fethullah Gulen, Pennsylvania-based imam who Turkey says masterminded the failed putsch. U.S. officials don’t expect to extradite an imam Turkey blames for masterminding a failed coup because they aren’t convinced by the evidence Ankara has presented so far and are troubled by threatening public statements from Turkish officials, according to people familiar with the discussions.

Fethullah Gulen and Gulen Movement discussed in New York

A special conversation on Fethullah Gulen and the Gulen Movementby Peace Islands Institute was held at NY Turkish Cultural Center on April 9. The professor of Political Science and Public Administration, analyst and columnist Prof. Dogu Ergil was the guest speaker of the event hosted by Peace Islands Institute President Zafer Akin. In his opening speech, […]

Fethullah Gülen: Turkey coup may have been ‘staged’ by Erdoğan regime

Fethullah Gülen, the reclusive cleric blamed by President Recep Tayyip Erdoğan for the failed coup in Turkey, believes the uprising by members of the country’s military could have been “staged” by the government it aimed to overthrow.

Ideal human, ideal society in Gulen’s philosophy

Abdul Rauf I was introduced to the personality of Fethullah Gülen in 2010 when about 300 Turkish businessmen reached Lahore just a few days before Eid-ul-Adha. They announced that they would celebrate their Eid with the flood victims of Pakistan. It was a matter of amazement for us. Turkey is considered as one of the […]

Hizmet’s role in global peace, interfaith dialogue highlighted in African conference

The role of the Gülen movement, also known as the Hizmet movement, has been highlighted during an international conference held in the Republic of Benin attended by African religious leaders and intellectuals.

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

A Turkish family has disappeared in Pakistan, and suspicion turns to intelligence agencies

Erdoğan and Gülen: The Marriage of Convenience

Kimse Yok Mu gives away meat aid to six thousand Afghan families

Hizmet contribution to global peace discussed in Addis Ababa

Erdoğan escalates elimination of Gülenists from state [ with no proof of accusations]

Let Mr. Erdogan Fight His Own Battles

Fethullah Gulen: Turkey’s Eroding Democracy (op-ed in NY Times)

Copyright 2026 Hizmet News