by Fréderike Geerdink
It looks like Serdar Karakoç, the Kurdish journalist who has been living in the Netherlands since 2000 and whose extradition was asked by Germany, is hiding. At least, he didn’t show up today in the final hearing in his case, in which the judges decided the extradition was allowed. Even his lawyer didn’t know where he was and hadn’t been able to get in touch with him. Is the Dutch justice system treating him unfairly, and if so, in what way? Let’s try to break this down.
In last month’s hearing, in which Karakoç’s lawyer and the public prosecutor could make their cases contra and pro his extradition to Germany, the judges advised Karakoç to take a bag with necessities to the hearing of 7 August, ‘just in case’. In other words: if the court is going to decide extradition is allowed, he will be taken to Germany immediately and then it’s only practical to already have a toothbrush and clean sets of clothing with you. When I asked Karakoç afterwards what would definitely in his bag, he said: “Philosophy books.”
But he didn’t pack a bag. Well, maybe he did, but apparently to go into hiding instead of into a German prison cell.
Consequences
What happens next? That’s up to the prosecutor. He said to Karakoç’s acting lawyer (his actual lawyer is on holiday) that Karakoç should turn himself in. If he doesn’t, he will have to face ‘the consequences’. It’s unclear what those consequences are and the lawyer didn’t comment on it, but it’s likely that there will be an arrest warrant out for him. Not only because he must now be extradited (the correct word for extraditions within the EU is ‘surrender’, but that’s a bit confusing so I use extradition) but also because by not showing up, he violated the conditions that were set when he was released from custody in June.
Just as in the hearing last month, many Kurds had come to the Amsterdam court house to show their solidarity with Karakoç. Some were outraged that the Netherlands could extradite a journalist as they consider that a violation of press freedom. Others said that the extradition may have been requested by Germany but that clearly, Turkey was behind it, and that should have been a reason not to deliver Karakoç to Germany. Don’t the human rights of Kurds count?
Grey Wolves
Whether there is a violation of press freedom here, is unclear. Karakoç is not wanted by Germany because of his journalistic activities but for terrorism-related crimes, which is also why international press freedom organisations haven’t advocated for him. Yes, it could be that Turkey has been pressuring Germany to investigate Karakoç and revive this 7-year old case now due to his recent journalistic investigations into the fascist Turkish Grey Wolves in Europe (about which I couldn’t find any publications by Karakoç but maybe they were upcoming?), but the problem is: there is no evidence of such pressure.
In the hearing last month, the lawyer and also Karakoç himself, argued that the terrorism accusation in the extradition request was not sincere. After all, the activities he was allegedly involved in, fundraising and organising, are not terrorism. The judge shoved that aside yesterday: the merits of the case are not on the table because that’s up to Germany’s courts. Formally, the extradition request was in order.
Also the other arguments were not convincing, the court ruled. Yes, Karakoç has been a resident in the Netherlands for long, but that’s no ground against extradition, and there is a guarantee that if Karakoç is sentenced in Germany, he can serve his sentence in the Netherlands. Fears of not getting a fair trial in Germany were not substanciated, the judges said, and his life or safety are not in danger in that country. So, off he must go because that’s what Germany requested.
Legitimacy
To be honest, I don’t think that within the current European Union’s judicial order, the Dutch court had another option than ruling that the extradition was allowed. Since 2004, there is the so-called Framework Decision on the European Arrest Warrant, which is valid in all EU countries and has replaced lengthy extradition procedures that used to exist between EU countries. This framework is based on – and this is crucial – mutual recognition, meaning that the countries involved recognize the legitimacy of each others legal systems and trust these systems to function within EU standards.
People have asked me if it was possible for me to write about Karakoç’s case for established Dutch media. My answer is: if the judge had refused extradition, then surely I would have had the scoop of the day and the story would be all over the established media now, with experts commenting and politicians getting nervous. “Amsterdam Court blows up European surrender system!” But the court ruled as expected within the regulations and that’s not news.
No coincidence
Which all explains the situation, but doesn’t make it right. The default trust EU countries have in each others legal systems, disregards political influence. It is undeniable that Germany has been serving Turkey by criminalising the Kurdish political movement since decades. Or, as one of Karakoç’s lawyers, Yener Sözen, phrased it: “Germany wants to impose its foreign policy, which is based on the Turkish perspective, on the European Union. It is no coincidence that in recent years several Kurdish politicians in Cyprus, France and Sweden have been arrested at Germany’s request. The arrests are an instrument of German foreign policy.”
Surrendering Karakoç to Germany is not literally handing him over to Turkey, but metaphorically, it is. A European arrest warrant system that doesn’t recognise that but sees itself as purely judicial, is fundamentally flawed. Members of marginalized groups pay the price, as Serdar Karakoç and the Kurdish community do now. Not even the media, supposed to hold power to account, find it a story.
Free Serdar Karakoç!
Fréderike Geerdink is an independent journalist. Follow her on Twitter or subscribe to her acclaimed weekly newsletter Expert Kurdistan
