Diyarbakir – Journalist Hakkı Boltan, on trial for his press statement about Rohat Aktaş, the Editor of Azadiya Welat newspaper who was killed during the curfew in Cizre, had his request denied to ask whether President Erdoğan had renounced the lawsuits in the earthquake-stricken region. The court decided the next hearing would be held on 26 October 2023. Hakkı Boltan, a spokesman for the Free Journalists Initiative (ÖGİ) in 2016, resumed his trial accused of "insulting the president" in a speech he made at a press conference. The first hearing of the case was postponed due to an earthquake centered in Maraş. Journalist Boltan did not attend the first hearing of the case at the Diyarbakır 12th Criminal Court of First Instance, while his lawyer Resul Temur was present in the courtroom. At the hearing, the first to speak, lawyer Resul Temur, reiterated his previous defenses. He reminded that it was published that President Recep Tayyip Erdoğan, who was a participant in the case, had renounced the lawsuits for insulting the President in the provinces affected by the earthquake centered in Maraş on 6 February and stated that no statement had come to this case file that President Erdoğan had renounced this case. Temur added that he will present his client at the next hearing. The prosecution requested in its opinion that the deficiencies in the case file be remedied. The court decided to warn the lawyer about Boltan being present at the next session. The court rejected the request to ask whether President Erdoğan had renounced the complaint on the grounds that they had not sent a petition to the court stating that they had renounced the lawsuit after the notification of the appeal court's annulment decision. The court postponed the next hearing to 26 October. What Happened? The indictment prepared by the Diyarbakır Chief Public Prosecutor's Office against journalist Hakkı Boltan in 2019 includes President Recep Tayip Erdoğan and then Prime Minister Ahmet Davutoğlu as complainants. In the indictment, Journalist Boltan is accused of using the statements in a Kurdish press statement about the situation of Rohat Aktaş, the former Editor of Azadiya Welat newspaper who was killed in the basement of the building he took refuge after being wounded while following the news during the curfews declared in Cizre on 11 February 2016 when he was Co-Chair of the Free Journalists Association (ÖGC) which was closed by decree. The indictment alleges that Boltan's speech, which he made in his statement, is shown as a crime evidence. It was stated that Boltan's speech constituted the crime of "insulting the President", "Insulting a Public Official Due to His Duty". In the case seen at the Diyarbakır 12th Criminal Court of First Instance, the court announced its decision on 29 June 2021, sentencing Boltan to 1 year 2 months 17 days for the crime of "insulting the president" and 10 months in prison for the crime of "insulting a public official" against former Prime Minister Ahmet Davutoğlu, and did not defer the sentences. Diyarbakır Regional Court of Justice 2nd Penal Chamber, which examined the appeal application made by Boltan's lawyer, quashed the decision of the local court on the merits on 27 October 2022. The reason for the appeal quashing stated that two separate sentences were ruled without considering only a ruling for the serious crime of "insulting the president" according to Article 44 of the TCK in case of insulting other persons with a single act. The decision pointed out that Boltan's penalty for the crime of "insulting a public official" was not increased on the grounds that he committed it publicly and that this crime was not mentioned in the reasoned decision.
