Following the Constitutional Court's ruling on rights violation, local court acquits journalist Özgür Boğatekin
Deniz Tekin
A local court has acquitted journalist Özgür Boğatekin, following a rights violation ruling by the Constitutional Court of Turkey (AYM). Boğatekin was initially sentenced to 1 year and 15 days in prison for articles and opinion pieces about Ömer Bilgin, the former district governor of Gerger, a town in Adıyaman Province in southeastern Turkey. Challenging his conviction, Boğatekin appealed to the AYM, which ruled by majority vote that his freedom of expression and press had been violated. The AYM, in its decision announced on June 14 and detailed on December 7, 2023, ordered the local court to reconsider the case and awarded Boğatekin 30,000 Turkish Lira in compensation. The case was reopened at the Gerger Primary Criminal Court following the AYM's decision.
The prosecutor also requested Boğatekin's acquittal. The court, considering the Constitutional Court's ruling, declared, "In light of the AYM's decision to overturn the verdict for the crime of slander sentenced on 31/03/2015, case number 2014/8 and decision number 2015/45, and in accordance with the Turkish Penal Code's Article 223/2-a, it's clear that the elements constituting the alleged crime of slander did not occur, thus acquitting Özgür Boğatekin."
Journalist Özgür Boğatekin's Reaction to the Verdict
Speaking to the Media Lawyers Association, Boğatekin stressed the importance of the local court's compliance with the AYM's decision, acknowledging the significance despite the delay. "I have been unjustly punished and subjected to a long trial. The local court's decision, following the AYM's ruling, is significant. Justice delayed is not justice, but I still find this decision important. Journalists need more freedom in expressing thoughts and opinions. It is crucial for courts to approach matters from this fundamental perspective. I intend to donate the compensation awarded to me by the AYM and the local court to those in need," Boğatekin said.
Background of the Case
Özgür Boğatekin, a reporter for Gerger Fırat Newspaper in Adıyaman, wrote opinion pieces in 2013 with titles like "If the meat smells, you salt it," "Law or district governor?" "Who is the dishonorable?" and "Who benefits from the spoils?" These articles were critical of the district governor of Gerger at the time.
Following a complaint by the district governor, Boğatekin was charged with the crime of slander. In 2015, the Gerger Primary Criminal Court found him guilty and sentenced him to 1 year and 15 days in prison. The verdict was upheld by the Supreme Court of Appeals. After his appeal to the Regional Court of Justice was rejected, the case was taken to the Supreme Court. The 8th Criminal Chamber of the Supreme Court confirmed the sentence on March 9, 2020. Boğatekin then appealed to the AYM on July 16, 2020, leading to the recent ruling acknowledging a violation of his rights.
