DENİZ TEKİN
Turkish President Recep Tayyip Erdoğan has not withdrawn his complaint in the trial against journalist Hakkı Boltan, accused of insulting the president, despite previously announcing his withdrawal from similar cases in earthquake-affected areas. The fourth hearing of Boltan's trial took place in the Diyarbakır 12th Criminal Court of First Instance, with Boltan and his lawyer, Resul Temur, in attendance. The trial was closely monitored by an observer from the Media and Law Studies Association (MLSA) and a reporter from Mezopotamya Agency.
The case revolves around Boltan's press statement about the killing of Rohat Aktaş, former editor-in-chief of the shuttered Azadiya Welat newspaper, during curfews in Cizre. In his defense, Boltan reiterated his previous statements, insisting that his remarks were within the bounds of freedom of expression, not intended as an insult but as a call for responsibility and sensitivity. He highlighted the tragic discovery of his colleague's burnt body, seeking acquittal.
When asked if he would accept the postponement of the announcement of a possible conviction, Boltan agreed. His lawyer, Temur, pointed out that President Erdoğan had withdrawn from defamation cases in provinces affected by the February 6 earthquake in Kahramanmaraş but noted that no information or documents regarding this withdrawal had been submitted in Boltan's case. Temur requested time for Erdoğan's lawyer to clarify this matter.
The court decided to forward the case to the prosecution for final opinion preparation and adjourned the hearing to July 11, 2024.
Background of the Case:
The indictment prepared by the Diyarbakır Chief Public Prosecutor's Office in 2019 against journalist Hakkı Boltan includes President Erdoğan and former Prime Minister Ahmet Davutoğlu as complainants. The charges stem from Boltan's Kurdish-language press statement about the situation of Rohat Aktaş, killed while taking refuge in a basement during curfews in Cizre. Boltan, as the co-chair of the now-defunct Free Journalists Society (ÖGC), condemned the "clean-up" operations as dirty massacres and accused state forces of committing atrocities in Cizre and other parts of Kurdistan, labeling them as cover-ups by the state.
Boltan was initially sentenced on June 29, 2021, to 1 year, 2 months, and 17 days for insulting the president and an additional 10 months for insulting a public official in his capacity as a former prime minister. However, the Diyarbakır Regional Court of Justice overturned this decision on October 27, 2022, citing the excessive sentencing for two separate charges stemming from a single act, considering the graver charge of insulting the president should have been prioritized.
