In
a dispute between NATO allies, Turkey demands that the United States
extradite Fethullah Gulen, a Pennsylvania-based Turkish cleric, to face
charges of engineering a coup attempt. But despite increasing
indications that his followers were behind the failed military uprising,
analysts say concerns about whether Gulen could get a fair trial
complicate Turkey's bid.
Those
concerns were amplified by a broad purge of state institutions and some
private ones after the July 15 uprising, in which at least 270 people
died. President Recep Tayyip Erdogan described the crackdown as
necessary to oust Gulen sympathizers who he said had infiltrated the
government. Human rights groups and some Western nations urged
restraint, fearing the purge was sweeping up anyone critical of the
government.
Gulen,
a former Erdogan ally turned fierce critic, has denied any involvement
in the coup plot but acknowledged in a CNN interview that people
"sympathetic" to his movement may have been among the coup plotters.
"I
would consider them to be betraying the nation. I would consider them
to be disrespectful of my longtime ideas," Gulen said in the interview,
which was broadcast Sunday.
Evidence
against Gulen includes testimony from military chief Gen. Hulusi Akar,
who was said a coup leader holding him captive described Gulen as the
renegade group's "opinion leader" and offered to put Akar on the phone
with the cleric.
Several
other military officers admitted loyalties to Gulen, according to
testimony published in Turkish news media. And Erdogan's spokesman,
Ibrahim Kalin, said Wednesday that there are documents linking Gulen's
movement to the attempted coup and that, as a panel of 70 Turkish judges
assembles evidence, "a clearer picture will emerge and we will share it
with the public."
Images
of detained soldiers with facial bruises after the coup attempt, as
well as an Amnesty International report alleging abuse of suspected coup
plotters, raised questions about evidence-gathering ahead of mass
trials. While Erdogan rejected the Amnesty report and said soldiers may
have been beaten during scuffles with pro-government forces, unfolding
events in Turkey form a troubling backdrop to the Gulen extradition bid.
"In
addition to needing substantial evidence, I think the U.S. will require
some firm diplomatic assurances regarding Turkey's willingness to
respect due process and basic principles of human rights during any
prosecution. Given the recent reports in the last two weeks, that's got
to be a real concern in this case," said Jens David Ohlin, an
international law expert at Cornell Law School in Ithaca, New York.
"In
general, the U.S. is in a very tight spot here. Turkey is a key
military ally," Ohlin added. "I think the U.S. will try to stand up to
Turkey in the Gulen affair, but it will do so gently and quietly."
Turkey
has sent documents to the United States and is preparing a formal
extradition request. It insists it shouldn't have to, arguing that it
has summarily extradited alleged terrorists at requests from the West.
Turkey has also demanded that Gulen be arrested in case he tries to flee
or tamper with evidence. Instead, U.S. officials have urged Turkey to
lay out its extradition case, reinforcing suspicions in Turkey that it
is somehow complicit in the coup.
U.S.
President Barack Obama said on July 22 that a decision on whether to
extradite Gulen would be the result of a long-standing, legal process.
"I
told President Erdogan that they should present us with evidence that
they think indicates the involvement of Mr. Gulen or anybody else who is
here in the United States, and it would be processed the way that it is
always processed and that we would certainly take any allegations like
this seriously," Obama said.
Fadi
Hakura at the Chatham House research center in London said the United
States' "legalistic" response to the extradition request could indicate
"a concern on the rule of law and due process in Turkey."
"I
think we can see skepticism on the part of the United States on the
prospects of direct evidence or clear evidence or irrefutable evidence
linking Fethullah Gulen to the failed coup plot," he said.
Similarly,
Sweden said Wednesday it won't send back failed asylum-seekers from
Turkey who are Gulen supporters and who have "reliable connections" to
the attempted coup.
Under
Turkey's three-month state of emergency, imposed after the July 15 coup
attempt, suspects can be held by police for five days without access to
a lawyer and for a total of 30 days without being charged. Turkey
implemented judicial reforms as part of its now-defunct bid to join the
European Union, but international legal experts have warned of
increasing political interference in the courts.
Under
the U.S.-Turkish extradition treaty, a country can bar extradition if
it "concludes that the request for extradition has, in fact, been made
to prosecute or punish the person sought for an offense of a political
character or on account of his political opinions."
That
could mean that even if Turkey can prove Gulen's involvement in the
coup attempt, it could struggle to make the case that Gulen did not
commit a "political" offense, said Mark Ellis, executive director of the
London-based International Bar Association.
Additionally,
while U.S. courts won't assess concerns about the fair treatment of
suspects in a country requesting extradition, the issue could still
arise because extradition is "ultimately a political decision" by the
United States, he said.
The legal wrangling over Gulen, Ellis said, "could be very drawn out."
___
Christopher
Torchia was The Associated Press' bureau chief in Turkey from 2007-13,
and covered the aftermath of the attempted coup last month. Associated
Press writers Suzan Fraser in Ankara, Turkey, and Jan M. Olsen in
Copenhagen, Denmark, contributed to this report.
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