Swedish court blocks Turkish journalist's extradition sought by Erdogan to ratify NATO bid

Sweden's Supreme Court on Monday blocked the extradition of exiled 55-year-old Turkish journalist Bulent Kenes, whom President Recep Tayyip Erdoğan labels a "terrorist". Turkey has sought Kenes' extradition as a key demand to ratify Stockholm's NATO membership. 

Turkey accuses Kenes of being involved in a failed 2016 coup d'état aimed at toppling Erdogan's government. 

Kenes was arrested on October 10, 2015, for "insulting the president" but was released four days later on an appeal by his attorneys.

In 2016, a Turkish court issued an arrest warrant against him for "attempting to overthrow the government of the Republic of Turkey, or preventing it from performing its duty." 

The Turkish administration believes journalist Kenes is an adherent of the US-based cleric Fethullah Gulen, whose Gulen movement is viewed as the motivation behind the attempt of dismantling Erdogan’s ruling Justice and Development Party (AKP). 

Erdogan’s demand from Sweden to extradite Kenes is a part of a broader crackdown against those involved in the Turkish coup, which includes arrest warrants against 400 — including soldiers, doctors, and teachers.

US-based cleric Fethullah Gulen. Credit: AP

Kenes extradition: Part of broader crackdown on 'freedom of speech and press'

Turkish leader accuses Stockholm and Helsinki of harbouring political dissidents of Ankara, including journalist Kenes, the former editor-in-chief of the now closed English language daily — Today’s Zaman. The Turkish critical-thinker, journalist, and published author is a staunch and vocal critic of Erdogan's government that has, in recent years, imposed curbs on the press and media in a bid to consolidate power.

On October 13, Erdogan implemented swathes of new amendments known as the “censorship law” to clamp down on freedom of speech and press, restrict access to information, and introduced ARTICLE 19, an anti-terror law, ahead of elections in 2023. 

Venice Commission, the Council of Europe’s expert legal body, slammed Turkey's censorship law saying it threatens freedom of expression and heavily regulates news media. 

Ankara has shuttered several dailies like Zaman and Bugun as well as terrestrial/satellite TV networks such as BugunTV and SamanyoluTV. 

Hundreds of Turkish journalists have been imprisoned since 2015. Erdogan's regime is accused of ordering its interior minister to “break the doors and arrest the ‘suspects’ even if it is illegal." 

The Swedish court, on Dec 19, said in its ruling that there are many "hindrances" in the repatriation of the wanted Turkish journalist, adding that some of the accusations levelled against Kenes in Ankara are not crimes in Sweden. Kenes' refugee status also made the extradition impossible, the court further ruled.

The Turkish journalist is currently employed with the Stockholm Center for Freedom, an organisation that was founded by Turkish dissidents in exile. The former accuses the government of Turkish President Erdogan of fabricating the charges against him.

Earlier this month, Sweden extradited a Turkish national with alleged ties to the outlawed Kurdistan Workers' Party (PKK), designated as a terrorist organization by Ankara, the US, and the EU. 

"There is also a risk of persecution based on this person's political beliefs. An extradition can thusly not take place," judge Petter Asp said in a statement published on Dec 19. 

The Swedish foreign ministry, in its response statement, said: “If the Supreme Court declares that there are hindrances to an extradition in an individual case the government has to deny the extradition request.”

“We can’t speculate on any potential effects on the Nato accession. Sweden’s government has to follow Swedish and international law in extradition affairs, which is also laid out in the trilateral agreement,” it added. 

Credit: CPJ

Last month, the Committee to Protect Journalists issued a stern statement, warning Sweden not to set a "dangerous precedent" by endangering Kenes safety by sending him to Turkey. “Under no circumstances can Sweden fulfill Turkey’s demand to deport exiled Turkish journalist Bülent Kenes and continue calling itself a democratic nation governed by the rule of law," the committee of journalists noted. Further, they said that Swedish officials should not use exiled journalists as a "bargaining chip" in their dealings with Turkey. 

“Sweden must not give in to President Recep Tayyip Erdoğan’s blackmail and set a precedent that would endanger exiled Turkish journalists worldwide," asserted CPJ Europe and Central Asia Program Coordinator Gulnoza. 

'I'm very happy': Journalist Kenes

In an interview with BBC Turkish, Bulent Kenes refuted the charges against him, saying that he was glad about the court's ruling that restricted his extradition to Ankara. "Of course, I'm very happy. But this decision was already expected," he said.

During a conference in Ankara last month, Erdogan singled out Kenes' name to Ulf Kristersson, Sweden's premier making a demand for extradition in order to approve its NATO membership bid. 

Finland and Sweden formally applied to join NATO on May 18, but Turkey, a NATO member for 70 years threatened to block the bid for supporting "terrorist groups" unless the two nations met its demands.

Turkish journalist Bulent Kenes. Credit: Twitter/@JanHofdijk

The three countries inked a trilateral memorandum of understanding on June 28 at the NATO summit in Madrid.

The agreement stipulated that Finland and Sweden will not provide support to the Democratic Union Party (PYD) and the People's Defense Units (YPG), the PKK's offshoots in Syria.

At the time, the Nordic countries agreed to consent to Ankara's pending extradition requests of wanted "terror" suspects.

It is up to the Turkish Parliament to approve the Nordic nations' NATO membership request. Membership bids must be approved by all 30 NATO members, but thus far, only Hungary and Turkey have yet to send approvals.