Aziz Oruç
Following a 16-year-long legal battle, the Turkish Supreme Court of Appeals overturned the prison sentence against journalist Hacı Boğatekin. After this decision, Boğatekin was acquitted in the first hearing at the Adıyaman 1st High Criminal Court.
Boğatekin's legal journey began with the publication of his article titled "FETÖ and Apo" in the Gerger Fırat newspaper on January 4, 2008. The lengthy trial process concluded with the 8th Penal Chamber of the Court of Cassation overturning the decision. Boğatekin, who had faced legal challenges and was detained and arrested following his article, reappeared before the Adıyaman 1st High Criminal Court on April 4, following the Supreme Court's decision.
The court announced its decision to acquit Boğatekin, stating that the charges of "making propaganda for a terrorist organization" against him could not be substantiated by the evidence and the overall contents of the case file.
In his defense, Boğatekin said, “I do not request time for defense. I will make my defense with my present lawyers. My case has lasted over 16 years. I have suffered material and moral damage. I request compensation for this damage, especially from the prosecutor who initiated this case. First and foremost, I accept the verdict of acquittal, and if the court decides otherwise at the end of the trial, I accept the application of favorable legal provisions and the suspension of the announcement of the verdict if the conditions are met. I request to be exempted from attending hearings.”
An important decision for press freedom
Hacı Boğatekin's lawyer, Hüseyin Boğatekin, spoke to the Media and Law Studies Association (MLSA) about the significance of the case: “This litigation, which started when I was still a student, has only concluded in the 15th year of my career. Justice for Haci Boğatekin was delayed and not easy. The courts and the Supreme Court resisted acquittal. The Constitutional Court and the Criminal Chamber of the Supreme Court of Appeals made two historic decisions. The delayed acquittal, despite everything, represents an important legal process and outcome for press and freedom of expression. The decision is significant for press freedom and could set a precedent.”
Background of the Case
The Constitutional Court found the 1-year prison sentence given to journalist Hacı Boğatekin for his article titled "FETÖ and Apo," on the grounds of "praising a crime and a criminal," to be unconstitutional. The Supreme Court’s decision, which ended a 14-year legal process, emphasized that "freedom of expression and the press is vitally important for the functioning of democracy," and the punishment was a violation of Articles 26 and 28 of the Constitution.
Following the publication of his article in the Gerger Fırat newspaper on January 4, 2008, Boğatekin faced a lengthy trial process. Charged with "making propaganda for a terrorist organization," Boğatekin was sentenced to 1 year and 6 months in prison on June 25, 2008, by the Malatya 3rd High Criminal Court. The Supreme Court’s 9th Penal Chamber overturned the decision, asking for the sentence to be based on "praising a crime and a criminal." The local court then sentenced Boğatekin to 1 year in prison for "praising a crime and a criminal" and postponed the prosecution on June 27, 2012.
Boğatekin took the local court's decision to the Constitutional Court, but the Court deemed the application inadmissible on May 23, 2018, on the grounds that "domestic legal remedies had not been exhausted." However, after a defamation case against Boğatekin resulted in a penalty, the postponed prosecution was reopened, leading to Boğatekin's acquittal on February 6, 2018.
After the Supreme Court overturned the decision, the Adıyaman 1st High Criminal Court, on March 5, 2019, sentenced Boğatekin again to 1 year in prison for "praising a crime and a criminal," in line with the reversal. The decision was upheld by the Supreme Court’s 8th Penal Chamber on October 24, 2010.
Subsequent Decision by the Constitutional Court
Following this decision, Boğatekin applied to the Constitutional Court for the second time on January 27, 2020. In its ruling, the Court reminded that Boğatekin is a journalist and emphasized that the topic of the column was a societal issue and that the applicant's assessments as a journalist should be considered.
