The Supreme Court of Sweden ruled today, Thursday, that there are legal obstacles preventing the extradition of two Turks whom Ankara claims are members of a terrorist organization. This development could complicate Sweden's bid to join NATO, just days after Turkey lifted its objections to Stockholm's membership in the alliance. Turkey has suspended its approval for Sweden's NATO application, accusing the Scandinavian country of not making significant efforts to address what it considers terrorists, with the extradition of wanted individuals being a point of contention.
Unexpectedly, President Recep Tayyip Erdoğan agreed on Monday to forward Sweden's NATO membership request to the Turkish parliament after months of delays. Turkey is currently seeking the extradition of two Turkish citizens from Sweden based on charges of belonging to the Gülen movement, which Ankara classifies as a terrorist organization, claiming that cleric Fethullah Gülen, who resides in the United States, was behind the coup attempt in 2016.
The Swedish government is responsible for deciding on extradition requests and has the final say in these matters. However, the Supreme Court stated that there are legal obstacles that prevent approval of Turkey's request. Supreme Court Justice Cecilia Renfors told Reuters, "It's somewhat of a guiding statement from the Supreme Court, but if the Supreme Court says that extradition cannot occur due to legal obstacles contradicting that, the government will not be permitted to extradite the individual."
The court also noted in a statement that the alleged criminal activities (from Turkey's perspective) involve individuals joining the Gülen movement through a mobile app used by its members. It stated that such actions alone do not constitute participation in a terrorist organization under Swedish law, adding that extradition must be based on acts that are criminal in both Sweden and Turkey. Furthermore, it indicated another obstacle is that the two individuals are at risk of prosecution in Turkey.
A spokesperson for the Swedish Prime Minister declined to comment, and the spokesperson for the Minister of Justice did not respond to requests for commentary. It was also not possible to reach the spokesperson for the Turkish Ministry of Foreign Affairs.
**Promises**
On Monday, President Erdoğan stated that he would refer Sweden's NATO application to the Turkish parliament when it resumes its sessions. However, Ankara still requires Sweden to demonstrate tangible steps to combat terrorism, with extraditions of wanted individuals being a priority.
In an interview published by Turkish media today, Erdoğan remarked that it is up to the parliament to track the steps Sweden will take and then to make its decision based on Turkey’s interests. He was quoted saying, "The tangible steps related to the promises made essentially include ending the activities of terrorist organizations in the countries in question, and extraditing terrorists." He also expects EU countries to take steps to update the customs union and allow visa-free travel, and for NATO countries to lift restrictions on arms sales to Turkey.
