DENİZ TEKİN
Despite withdrawing complaints in cases of "insulting the president" across 11 earthquake-affected provinces, President Erdoğan has not withdrawn his complaint in a similar case against earthquake victim journalist Hakkı Boltan.
Boltan, speaking about this development, remarked: "This suggests a targeted practice against me or journalists in general."
Hakkı Boltan, a reporter for Yeni Yaşam Newspaper and former co-spokesperson for the now-disbanded Free Journalists Association (ÖGC), was investigated for remarks made after being injured in Şırnak's Cizre district on February 11, 2016, while covering news about the killing of Rohat Aktaş, former editor of the Azadiya Wêlat newspaper, in a basement where he had taken shelter.
Both Erdoğan and Davutoğlu were complainants in the same case
The Diyarbakır Chief Public Prosecutor's Office prepared an indictment against Boltan, charging him with "insulting the president" and "insulting a public official due to their duty." President Recep Tayyip Erdoğan and then-Prime Minister Ahmet Davutoğlu joined the case as complainants. In 2021, the Diyarbakır 12th Magistrate Criminal Court sentenced Boltan to 1 year, 2 months, and 17 days for "insulting the president" and to 10 months for insults directed at Davutoğlu.
In 2022, the Diyarbakır Regional Court of Justice 2nd Criminal Chamber overturned the local court's decision. The appellate court ruled that the sentence for "insulting the president" was "erroneous" and should have been given from the upper limit, and the sentence for "insulting a public official" was insufficient.
The case, set for hearing on February 23, 2023, at the Diyarbakır 12th Magistrate Criminal Court, was postponed due to the earthquakes centered in Kahramanmaraş on February 6, 2023.
While the case was ongoing, Erdoğan announced the withdrawal of complaints in earthquake regions
On March 3, 2023, President Erdoğan's lawyer, Hüseyin Aydın, announced, "President Erdoğan has withdrawn his complaints in investigations and prosecutions related to insults against him in 11 provinces affected by the earthquake and their localities." Since "insulting the president" is not a complaint-based crime under the Turkish Penal Code (TCK), Erdoğan's withdrawal does not impact the core of this case. If a complaint is withdrawn, however, appeals to the Supreme Court of Appeals and the Court of Cassation cannot be made.
Despite 11 months passing since this announcement, Erdoğan's lawyers have not informed the court of withdrawing the complaint against journalist Boltan, who is being tried in Diyarbakır, an earthquake-affected region, for "insulting the president." The court rejected the request of Boltan's lawyer, Resul Temur, to ask President Erdoğan whether he has withdrawn from this case. Whether Erdoğan will submit a waiver petition in the case's fourth hearing on March 5, 2024, remains to be seen.
'Hostility towards journalists will be evident'
Hakkı Boltan, a staff member of Yeni Yaşam newspaper and an executive of the Dicle Fırat Journalists Association (DFG), spoke about the case against him and Erdoğan's continued complaint. Recalling that their home was heavily damaged in the earthquake, Boltan mentioned experiencing the severe trauma and difficulties of the disaster like everyone else. He noted the societal solidarity that helped alleviate the wounds of the earthquake.
Boltan stated that the decision by President Erdoğan to withdraw from the "insult" cases and investigations in the earthquake-affected provinces created public expectations to prevent victims from suffering in court. Boltan added:
"Despite this announcement, the complaint against me in the case continues. In fact, a forced appearance order was issued against me. If this isn’t a result of an oversight or procedural issue, it indicates a targeted practice against me or journalists. It will clearly reveal the exploitation of the material and emotional devastation caused by the earthquake and hostility towards journalists. Moreover, there is no statement in my remarks that could constitute an insult. In my statement, I reminded the President of his responsibilities to protect the right to life and ensure the safety of my colleague in danger. Hopefully, this mistake will be corrected, and a decision will be made to dismiss this case."
