Hat tip Fria Tider
The whole issue of Turkey's objections to the entrance of Sweden into NATO has taken another turn. The Swedish Supreme Court has blocked the extradition of a Turkish citizen to Turkey. The unidentified man in question is charged by Turkey with being a member of the Gulen movement, which Turkey considers a terror organization, and also suspected of being involved in the 2016 attempted coup in Turkey.
The problem according to the Court is that the former charge is not a crime in Sweden while the latter charge is. What I take that to mean is that the inclusion of the membership in Gulen has invalidated the extradition. Thus, if Turkey were to revise its request and charge only participation in a coup attempt, extradition might be successful. The Court, however, has also expressed a concern for persecution on one's political beliefs.
It will be interesting to see how this goes further and how it will affect Turkey's stance as to the admittance of Sweden into NATO. Turkey's main complaint against Sweden is that the country is "harboring" people involved in terrorist acts against Turkey, i.e. Kurds and Gulen Movement members.
The below article from the Swedish alternative news site, Fria Tider, is translated by Fousesquawk.
https://www.friatider.se/hd-stoppar-utvisning-av-kuppturk-kan-kosta-sverige-intrade-i-nato
Supreme Court halts deportation of Coup Turk-Could cost Sweden entrance into NATO
Posted 19 December 2022 at 13:24
Domestic- In a case where Turkey is requesting one of its citizens be extradited for being involved in the country's coup attempt in 2016, the extradition has been blocked by the Supreme Court, even though Turkey has made it clear that this can prevent Sweden from being admitted into NATO.
"It is clear that in this case, there are several obstacles to extradition. It applies to the requirement that double criminal liability is not fulfilled in regard to the one suspected crime," says Justice Petter Asp, one of the judges who took part in the decision in a press release.
"There is also the question of political crimes. There is also a risk of persecution based on this person's political views. Extradition, therefore, can not take place," he says further.
The person (in question) is considered to have been part of the so-called Gulen Movement. The crime which the extradition request is based on is partly that the person is suspected of participation in the coup attempt in Turkey in 2016, and partly that he is suspected of being in the organization itself.
The Supreme Court has now expressed itself to the government on the issue.
As to suspicion that the person was part of Gulen, the Supreme Court finds that is already a hindrance to extradition on the grounds that what he is accused of is not a crime in Sweden. Suspicion of participating in a coup attempt, on the other hand, and suspicion of assisting a rebellion is a crime in Sweden.
The Supreme Court further finds a hindrance to extradition since there is the question of so-called political crime, i.e. crimes that are directed against the state and that are political in nature.
As to the fact that the person was earlier granted refugee status in Sweden on the grounds of a risk of persecution because of his political views, the court also finds that there are obstacles to extradition according to Section 7 in the extradition law.
This section, among other things, addresses the risk of persecution based on a person's political views.
The Supreme Court's opinion means that the government-which ultimately has to decide on the issue-does not have to ability to grant the extradition request.
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