By AKIN KARAGÜLLE
James C.
Harrington, director of the Texas Civil Rights Project and a law professor at
the University of Texas, wrote a book titled “Wrestling with Free Speech,
Religious Freedom, and Democracy in Turkey: The Political Trials and Times of
Fethullah Gülen” on the trial of renowned Islamic scholar Fethullah Gülen in
Turkey, which ended with his acquittal being upheld by the Supreme Court of
Appeals in 2008.
In an indictment
he drafted on Aug. 30, 2000, then-Ankara State Security Court (DGM) Chief Prosecutor
Nuh Mete Yüksel filed a lawsuit against Gülen with the Ankara 2nd DGM
requesting his conviction under Article 7/1 of Counterterrorism Law No. 3713.
Yüksel claimed
that Gülen had since 1989 been involved in activities to establish an illegal
organization to create a state based on religion by changing the secular state
structure. The indictment made no reference whatsoever to any concrete action
constituting a crime as spelled out in the Counterterrorism Law. Instead, the
charges in the indictment were based on Gülen’s views as expressed in print and
visual media as well as his social activities. In other words, his ideas and
beliefs constituted the basis for the charges against him. The Ankara 11th High
Criminal Court on May 5, 2006, decided to acquit Gülen following the trial due
to unsubstantiated claims. An appeal was filed with the 9th Chamber of the
Supreme Court of Appeals, which unanimously upheld Gülen’s acquittal by the
Ankara 11th High Criminal Court on March 5, 2008. The Office of the Prosecutor
at the Supreme Court of Appeals objected to this verdict on April 4, 2008,
under Article 308 of the Code on Criminal Procedure (CMK). The chamber,
however, dismissed the objection by the office of the prosecutor on June 24,
2008. In this way, the acquittal was approved and finalized.














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