Journalist Hacı Boğatekin acquitted 16 years after facing ‘terror’ charges over column article

Hacı Boğatekin, a  journalist based in Adıyaman, the owner of Gerger Fırat newspaper, was acquitted after 16 years in a trial stemming from his editorial titled "Feto and Apo," published on January 4, 2008. The title refers to the US-based cleric Fetullah Gülen, the leader of the Islamic movement held responsible for the 2016 coup attempt, and Abdullah Öcalan, the leader of the outlawed Kurdistan Workers’ Party (PKK).

Boğatekin, who had previously been sentenced to 1 year and 6 months imprisonment twice during the 16-year period, with the sentences overturned by the Court of Cassation and the Constitutional Court, appeared before the Adıyaman 1st Heavy Penal Court for the final judgment.

During the trial, Boğatekin stated, "My case lasted for over 16 years. I suffered both materially and morally. I demand compensation for my losses, especially from the prosecutor who initiated this case."

The prosecutor in the hearing requested Boğatekin's acquittal, citing that the article did not contain any expression that could be construed as supporting, endorsing, or inciting terrorism perpetrated by the PKK, and that the article was written in a critical tone for the purpose of combating the FETÖ/PDY organization, as per the Constitutional Court's decision.

The court agreed with the prosecutor's opinion and acquitted Boğatekin. However, the reasoned decision has not been announced yet.

Boğatekin's lawyer, Özgür Boğatekin, commented on the verdict for bianet, stating, "The decision represents an important process and outcome in terms of press and expression freedom and arbitrary interference with the free press by the government. This decision did not come easily. It required a 16-year-long significant struggle and perseverance, and it is a crucial decision that should be embraced in terms of press freedom."

"Summary of Turkey's justice system"

Erol Önderoğlu, the representative of Reporters Without Borders (RSF) in Turkey and bianet's Media Monitoring Reporter, who has been following the trial process since the beginning, described Boğatekin's case as “a summary of Turkey's justice and judiciary system.”

Önderoğlu said, "Anyone who is looking for a single case that encapsulates all the problems arising from justice and judiciary in Turkey can look at Hacı Boğatekin's file, the responsible person and writer of Gerger Fırat newspaper. Considering many issues such as judicial independence, the dysfunctionality of judicial institutions, persecution, disregard for press freedom, partisanship, and instrumentalization of legal norms, this file serves as a litmus test. 

“When he was arrested and brought to court, I went to Kahta and Gerger, witnessing these injustices and the disregard for justice myself. It seems that without the Constitutional Court's decision, these 16 years of injustice would have continued. However, Boğatekin, who practices critical journalism in a small district like Gerger, has also been greatly exhausted; therefore, I am glad that the case has been closed for him." (HA/VK)