Rationale of Fethullah Gülen Verdict Released

Ankara State Security Court No. 2 announced its reasoned resolution on the lawsuit against the prominent Turkish Islamic scholar living in the U.S. Fethullah Gülen with the allegation of "forming an illegal organization with the purpose of establishing a state governed by religious rules by making changes in the secular structure of the state and being involved in activities to this end", a charge facing up to 10 years of imprisonment. State Security Court No. 2 had postponed a final ruling on the case according to law numbered 4616.

In the "event and claim" section of the five-page reasoned resolution, the indictment of Public Prosecutor's office was summarized, mentioning that a sentence was sought in accordance with the first sentence of the first paragraph of Article 7 of the Law on Combatting Terrorism, No. 3713.

In the "discussion and acceptance" section, it was mentioned that the crime allegedly committed by the accused must be investigated. It was stated in the resolution that the founders and members of organizations with a structure parallel to the Article 168 of the Turkish Penal Code.

In the "Nature of the crime and the protected interest" part of the resolution, an organization established with more than one offender in order to commit some particular crimes against the personality of the state as set out in Article 7 of the law No. 3713 was mentioned. It was also stated that the legal interest protected under the mentioned article was personal security and freedom as well as the preservation of the personality, independence and authority of the state resulting from the existence, continuation and activities of the state against actions threatening the integrity of the state as safeguarded by Articles 3 and 14 of the constitution. A new type of crime has been defined with the law No. 3713 taking into consideration a potential threat to the personality of the state from the preparatory acts not punished by the penal code.

Gülen in the United States

The resolution quoted that Fethullah Gülen had gone to the United States on March 21, 1999, in order to seek remedies for his grave health problems, including coronary disease, diabetes, hypertension and serious angina according to the translation of his health report. Advise for Gülen not to travel and to complete treatment in the Unites States was made in the report.

The accused is struggling with his serious health problems, as understood from the health report to which no objection was raised.

The date of the crime was accepted as March 19, 1999, and earlier since the accused left Turkey on that date and no more evidence has been presented since then.

Resolution

Ankara State Security Court No. 2 had postponed taking a final resolution on the Gülen case in line with the fourth paragraph of the Article One of law numbered 4616.

The court ruled that in the event that Gülen is involved in similar or graver acts requiring jail sentence, the case will continue and in the event he won't be involved the case shall be revoked.

Attorneys of Fethullah Gülen objected to the resolution demanding continuation of the case in solicitation of acquittal.

Ankara State Security Court No. 1 shall resolve on this petition. 2003-03-04 00:00:00