Investigation against journalist over social media post ends in non-prosecution

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The investigation launched against Adıyaman Gerger Fırat Newspaper News Director Özgür Boğatekin has ended in non-prosecution.

The prosecutor's office previously opened an investigation against the local journalist over his Facebook posts where he shared the racist attack targeting seasonal agricultural workers who left Turkey's southeastern province of Mardin to work in western Sakarya province.

Özgür Boğatekin was facing the possible charge of "inciting the public to hatred and enmity or degradation" as per the Article 216 of the Turkish Penal Code (TCK). The Gerger Chief Public Prosecutor's Office has concluded that there is no ground for prosecution on this charge.

In his Facebook post, Özgür Boğatekin shared the video of the racist attack, attaching the note, "They tied the stones and made the dogs attack the Kurds." In another post, he wrote, "Our Kurds are made to pay for the echoes of the racist attack in Sakarya. I really cannot understand this."

Examining the investigation file, the office has concluded that the elements of the offense charged as per the Article 261 of the TCK did not arise.

The prosecutor's office has referred to the Article 216/1 of the TCK in its decision, which stipulates that "any person who openly provokes a group of people belonging to different social class, religion, race, sect, or coming from another origin, to be rancorous or hostile against another group, is punished with imprisonment from one year to three years in case of such act causes risk from the aspect of public safety."

Relying on this article, the Gerger Chief Public Prosecutor's Office has indicated that the elements of the crime did not arise and given a ruling of non-prosecution in the name of the public. (HA/SD)