Kosovo justice system facing tough decision on extradition of Turkish citizen

Ugur Tosoy, a Turkish tutor arrested on October 27th in Prizren, Kosovo, will be released from custody to await a decision on his extradition to Turkey after paying 5,000 euros in bail Friday.

The Constitutional Court in Pristina on 29 October said it would decide within 40 days for Turkey's extradition request and that Toxoy will remain in custody.

This decision makes Kosovo the first country in the Balkans to have arrested a Turkish educator for alleged links to the so-called Gulen Movement.

Some experts say the case is more political than legal. They believe it is part of Turkey's campaign to intimidate those who perceive it as opponents abroad and that Kosovo had two options, to follow the EU and US lawsuits that have not accepted such extradition requests, or Ankara's wishes, and extradite Tokyo.

The Turkish Embassy in Kosovo has not reacted to BIRN's questions until the time of its publication.

Turkey claims Toxoy is the leader of the Gulen Movement, which it calls “Terrorist Organisation Fetullah” or “Feto”, which it accuses is behind last year's failed coup attempt.

Muslim preacher Fetullah Gulen, a former ally of Turkish President Recept Tayip Erdogan, now lives in exile in the US and insists it had nothing to do with the coup effort.

This has not stopped Turkey from arresting thousands of suspected followers in Turkey, closing related schools and colleges and demanding that foreign governments do the same.

Ankara says Toxoy was in Kosovo raising funds for the movement and then sending him to Turkey.

Toxoy has denied the charges, while his lawyer, Adem Vokshi, has said his client's extradition could result in his inhuman treatment in Turkey.

At the Pristina Court on October 29th, it was said that Toxoy in Kosovo worked as the co-ordinator of the NGO “Atmosphera”, which heads the school “Hasan Nahi” in Prizren.

The prosecution for his extradition must be taken from a judicial panel during a session of the Constitutional Court in Pristina. After taking the decision, the extradition order must be signed by the Kosovo justice minister, who may also refuse to do so.

If it comes to extradition, I will normally be informed by competent authorities of exactly what it is, what the claims are, what is the motive for this extradition requirement and then make a decision in accordance with this situation and the legal provisions in force”, Justice Minister Abelard Tahiri said of BIRN.

Abdullah Bozkurt, director of “Stockholm Centre for Freedom”, said President Erdogan had “armed” the criminal justice system in Turkey to follow his critics and opponents.

The “is part of a intimidation campaign to create an uncertain situation for government critics in the sense that even if they live abroad, Erdogan's protracted arm could catch them”, Bozkurt told BIRN.

His government has abused INTERPOL and bilateral extradition mechanisms”, he added.

The Turkish government's <x0) accusations in these cases are broad and politically motivated and have no evidence to support crime or terrorism.

”Extraditions are also against international conventions that prevent governments from handing over anyone to a country like Turkey where torture and mistreatment are systematic and deliberate”, Bozkurt continued.

Since last year's failed coup, Erdogan has launched a major blow against his opponents in Turkey.

More than 600,000 people have been arrested. Several hundred and thousands of other people from the military, police, academy, media, NGOs and the private sector have lost their jobs.

Meanwhile, Turkish officials have pressured Kosovo and other states in the Balkan region to print NGOs and colleges linked to Gulen and hand over Gulen Movement members.

“We will eradicate this treacherous band called FETO from the Balkans as we have done in Turkey”, Erdogan said in Novi Pazar, Serbia, on 11 October on his recent visit to the Balkans.

According to Turkey's Anadolu Agency, following the arrest of Turkish citizens in Kosovo on October 28th, gulenists operate in about 40 schools in the region, including 15 in Bosnia, 12 in Albania, seven in Macedonia, five in Kosovo and one in Serbia.

Mehmet Onur Cevik, a Turkish legal expert at Gent University, Belgium, told BIRN that the possible arrest and extradition of Tokyo from Kosovo is a political issue and not just a legal issue.

When we think of the political situation in both Turkey and Kosovo, in the relations of the two countries and in the EU effect, we can say that Kosovo should make a political decision when it comes to the extradition of a Turkish citizen”, he said.

“Turkey has requested the extradition of several citizens from different countries due to doubts about their ties to the Gulenists or ʹ FETO. The United States and EU countries have rejected these requirements because of lack of legal evidence and / or the existence of doubts about fair trials in Turkey”, he explained.

He added: “, however, some other countries like Malaysia and Pakistan, which have good relations with Turkey, have extradited Turkish citizens in a very short time and have never followed all legal processes”.

Cevik said Kosovo now has two options: “Kosovo can follow the EU practice and not extradite it to Turkey until the political situation changes there. In this case, Kosovo will probably damage its relations with Turkey and President Erdogan. However, if it follows Pakistan, it will also damage relations between Kosovo and the EU”, he said.

He concluded that Kosovo leadership should consider the possible consequences of the decision.

The Gulen Movement is a national religious and social movement inspired by Turkish Muslim preacher Fetullah Gulen, who has been voluntarily living in exile in Pennsylvania, U.S.A. since 1999.

Erdogan and Gulen were close allies until 2013, and thousands of Gulen's supporters took positions in military, police, judiciary and civil service.

Meanwhile, Gulen's schools and other institutions flourished throughout the globe and in the Balkans in particular, then with Ankara's support.

However, from 2011 onward, so-called guerrillas became unpleasant to Erdogan's nationalist and Islamic agenda and the first gaps in their alliance were discovered.

Erdogan then returned to the organisation, calling it a parallel “State” and calling it “The Terrorist Organisation Fetullah”, or February “FETO” / BIRN/