Wrestling with Free Speech, Religious Freedom, and Democracy in Turkey: The Political Trials and Times of Fethullah Gulen

by James C. Harrington human rights attorney, la

Overview

The political trial of Fethullah Gülen, a moderate Turkish religious leader, helped to greatly expand civil liberties and strengthen democracy in Turkey. The trial began in 2000 in an Ankara state security court (now disbanded) and ended in 2008 in an appeals court in Gülen's favor. This book explores Gülen's trial, examines the evolving process of Turkey's efforts to enter the European Union, and discusses ways that the EU's insistence on expanding civil liberties in Turkey and reforming the judicial system affected the outcome of the trial (and vice versa). As a coda, the book considers unsuccessful efforts to block Gülen's application for immigrant status in the United States as a religious scholar, which occurred during the same time as his political trial in Turkey.

Product Details

ISBN-13:	9780761854616
Publisher:	University Press of America
Publication date:	03/16/2011
Pages:	204
Product dimensions:	6.00(w) x 9.00(h) x 0.60(d)

About the Author

James C. Harrington, a human rights attorney with nearly four decades of experience, is founder and director of the Texas Civil Rights Project. He has taught at the University of Texas School of Law for twenty-five years. Harrington has handled landmark civil rights cases, written and published widely, and served on human rights delegations in different areas of the world.

Table of Contents

Foreword vii

Acknowledgments xi

Introduction xiii

Chapter 1 A Painful Prosecution, But Ultimately a Step Forward 1

Chapter 2 Fethullah Gülen and the "Movement" 5

A Fethullah Gülen Himself 6

B Civil Society Movement Inspired by Gülen's Life and Works 10

1 Hizmet: Education and Service to the World Community 11

2 Dialogue: Souls Seeing Each Other 13

3 Criticism of the Movement 15

C Gülen, the Movement, and Turkish Politics 16

Chapter 3 Turkey's History, Culture, Religion & Politics: Setting the Background for the Trial 21

A History 21

B The Military: No Friend of Democracy 24

C Culture and Religion 27

D Current Political Realities: The "Deep State" 31

E Final Comment 36

Chapter 4 The European Union Helps Extend Democracy in Turkey 41

A Turkey's Efforts to Join the European Union 41

B Measuring Turkey's Progress Toward EU Accession 46

C The Accession Reports: Progress, One Step at a Time 47

D Final Comment 52

Chapter 5 Turkey's Courts: Fair, Independent, and Impartial? 59

A Promoting Justice or Protecting the Status Quo? 59

B Constitutional and Structural Components 60

C The Supreme Council of Judges and Public Prosecutors (HSYK) 62

D The Constitutional Court (Anayasa Mahkemesi) 63

E Courts of Justice 65

1 State Security Courts (Devlet Guvenlik Mahkemesi) (DGM) (no longer existent) 65

2 High Criminal Courts (Agir Ceza Mahkemesi) (Trial Courts) 66

F The Supreme Court of Appeals (Court of Cassation) 67

G The Council of State 67

H Concluding Comments 68

Chapter 6 Turkey's Problematic Press, Media, and Law of Defamation 73

A The Dynamic of Turkey's Media 73

B Unchecked Defamation Can Lead to Criminal Charges 76

C Turkey's Law of Defamation: Toothless Tiger 78

D A Before-the-Trial Perspective 79

Chapter 7 Prelude to Prosecution: A Vicious Media Campaign 85

A A Pre-Trial Trail of Defamation against Gülen 85

B The Anti-Defamation Strategy of Gülen's Legal Team 89

C Defamation Cases Continue During the Criminal Trial 93

D Conclusion 93

Chapter 8 The Prosecution and Trial of Fethullah Gülen 97

A Prelude: The First Two Legal Cases 97

B The Indictment 99

C The Six-Year Trial 104

D The Defense 105

E The First Verdict: Justice Delayed 109

F The European Union and Changes in the Trial's Dynamic 111

G Re-Opening the Case 111

Chapter 9 The Trial Court Delivers Its Judgment 117

Chapter 10 The Appeals: Preserving the Acquittal 123

A The First Appeal: Before the Appellate Panel for Two Years 123

B The Second Appeal: Before the Plenary Court 126

C Footnote: Three Other Prosecutions, Declined 128

D Vindication at Long Last: Graciousness in Victory 129

Chapter 11 Gülen's Immigration Case in the United States: Intersection of U.S. Government and Turkey's Military? 133

A The Immigration Service Administrative Process 133

B The Federal Court Case 136

C Concluding Remarks 140

Chapter 12 Final Thoughts 145

Appendices

Appendix A Chronology 147

Appendix B Bibliography and Official Documents 155

Selected Bibliography 155

European Union Documents Regarding Turkey and Accession Reports 158

United States Reports Regarding Turkey 161

Appendix C Relevant and Comparable Civil Liberties Guarantees 163

European Convention on Human Rights 163

The Constitution of the Republic of Turkey 165

Index 175

About the Author 187

Editorial Reviews

From the Foreword: Harrington tells a story that illuminates two of the most important issues of our time. The way he tells the story and the sources on which he has relied represent the best kind of historical research and analysis. Jim Harrington is one my heroes for he has spent more than four decades in the struggle for human rights. In this book, we see the struggle among secular and religious elements in Turkey.. .. Harrington has done us a service, for by seeing and understanding what has been going on in Turkey, we can draw lessons about the policies of our own government at home and abroad. Harrington's method of research and analysis is particularly valuable in this respect. Trials can, and fair trials will, give voice to witness stories.. .. The case [Harrington] has chosen is iconic because its central figure presents a challenge to important secular and religious trends in modern Turkey. The case is important to Americans because these very trends are at work in many parts of the Middle East, and because this Turkish political trial teaches us important lessons for our own country.

Michael E. Tigar

From the Foreword: Harrington tells a story that illuminates two of the most important issues of our time. The way he tells the story and the sources on which he has relied represent the best kind of historical research and analysis. Jim Harrington is one my heroes for he has spent more than four decades in the struggle for human rights. In this book, we see the struggle among secular and religious elements in Turkey. . . . Harrington has done us a service, for by seeing and understanding what has been going on in Turkey, we can draw lessons about the policies of our own government at home and abroad. Harrington's method of research and analysis is particularly valuable in this respect. Trials can, and fair trials will, give voice to witness stories. . . . The case [Harrington] has chosen is iconic because its central figure presents a challenge to important secular and religious trends in modern Turkey. The case is important to Americans because these very trends are at work in many parts of the Middle East, and because this Turkish political trial teaches us important lessons for our own country.--Michael E. Tigar, emeritus professor of the practice of law, Duke Law School, and emeritus professor of law, Washington College of Law; author of Thinking about Terrorism

From the Publisher