Heavy Sentences for Three Journalists in South-East Turkey

The Adıyaman (south-east Turkey) Kahta Criminal Court of First Instance sentenced journalists Hacı Boğatekin to five years and Cumali Badur to six months imprisonment on the grounds of their statements about former Gerger prosecutor Sadullah Ovacıklı's alleged closeness to Fethullah Gülen. Gülen is the leader of the corresponding religious movement. Boğatekin was sentenced according to article 125 and 288 of the Turkish Criminal Code (TCK). Badur's sentence was converted into a monetary fine.

Another decision announced by the court on 2 Mart concerned Boğatekin's son Özgür Boğatekin, who received a one year, two months and 17 days prison sentence because he intervened against police violence.

Hacı Boğatekin was arrested on 13 April 2008 and detained for 109 days in Kahta Prison on the grounds of his allegations against the former prosecutor. The latest decision deprived the journalist furthermore from most of his political and civil rights.

"The heaviest punishment for a journalist in the history of Adıyaman"

Boğatekin, chief editor of Gerger Fırat newspaper, commented the decision: "This is the heaviest punishment imposed on a journalist in the 56-year history of Adıyaman".

In one of his articles, journalist Boğatekin had voiced his opinion that the real danger does not emanate from the militant Kurdistan Workers' Party (PKK) but from the Fethullah Gülen congregation. In the same writing, he had referred to imprisoned  PKK leader Abdullah Öcalan as "Apo" and to religious leader Gülen as "Feto". Subsequently, Boğatekin had also published prosecutor Ovacıklı's reaction to his article who apparently said: "How dare you calling the Prophet Fethullah Gülen Feto; you will apologize for that in the coming issue". Boğatekin was charged with insult, defamation and the attempt to influence a fair trial. The court did not consider suspension or conversion of the sentence into a monetary fine.

TL 3,000 monetary fine for Cumali Badur

Journalist Badur had commented the respective allegations about prosecutor Ovacıklı, which had been put forward by bianet as well, on the gergerim.com news site. Hereupon, he was handed down a TL 3,000 (€ 1,500) monetary fine on the grounds of the "attempt to influence a fair trial".

The Malatya 3^rd High Criminal Court sentenced Hacı Boğatekin to another 1.5 years imprisonment under charges of "spreading PKK propaganda" on the grounds of his article about "Feto and Apo".

Boğatekin was handed a total prison sentence of ten years, eight months and 14 days related to the cases opened against him after the publication of the article. Three of those decisions are pending at the Court of Appeals. The journalist declared to file another appeal with the latest decision.

Awarded and convicted

Boğatekin was rewarded together with İlhan Selçuk with the Press Freedom Award 2008, a joint award given by the Turkish Journalists' Society (TGC) and the Communication Association of Turkey. Moreover, Boğatekin was awarded by the Contemporary Journalists' Association (ÇGD) on 16 March 2009.

Boğatekin's demand to recuse the judge was declined

Boğatekin announced that he had complained about the trial's Judge Ercan Kumhak to the Supreme Board of Prosecutors and Judges (HSYK) and the Ministry of Justice two months ago. However, the Ministry did not consider the complaint. Boğatekin appealed against the rejection of the Ministry on 17 January at the Ankara Administrative Court.

The journalist had requested the recusation of the same judge at the High Criminal Court on 26 February. Yet, it was Judge Kumhak again who took the latest decision on 2 March. (EÖ/VK)