The Gerger Criminal Court of First Instance has now sent Boğatekin’s demand for a different judge ot the Adıyaman Heavy Penal Court for evaluation.
On 5 February, judge Ayşe Gül Şimşek sent the plea for rejection of the judge to the Adıyaman court. This court will now decide whether the ninth hearing at the Gerger court, due to be held on 18 March, will be led by judge Şimşek or someone else.
"A fair trial impossible"
Previous to the court case, the journalist’s lawyers Mustafa Köroğlu, Zeynel Fırat, Osman Süzen and Taylan Tanay, the latter from the Association of Contemporary Lawyers (ÇHD) in Istanbul had withdrawn from the counsel of defence, saying that they did not believe a fair trial was possible.
Köroğlu, former president of the Adıyaman Bar Association, said: “Ever since the beginning of the trial, illegal practices and decisions took place. The judge was influenced by the prosecution. We are withdrawing from the case because we believe that there is no possibility of a fair trial and there is no real possibility to defend our client. We do not want to only go through the motions, and want to offer our client the opportunity to employ a new lawyer.”
When asked for his opinion, prosecutor Sedat Turan said that the Adıyaman court had accepted the rejection of a judge by Boğatekin in another trial. He said, “It is up to the court to decide.”
Claims that prosecutor threatened journalist
Turan has demanded 13 years and 2 months imprisonment for journalist Boğtekin, because he claimed that his colleague, prosecutor Sadullah Ovacıklı was “close to Fethullah Gülen”, the controversial and influential Turkish religious leader. Boğatekin has already spent 109 days in prison because of this case.
Following an article entitled “Feto and Apo”, which he wrote in the Gerger Fırat newspaper that he owns, prosecutor Ovacıklı is said to have said to Boğatekin: “How dare you call the Venerable Hoca Fethullah Gülen ‘Feto’? Apologise immediately, or I’ll get you for that.” When Cumali Badur published these claims on the website Gerger.com, he was also prosecuted, with 4 years and 6 months imprisonment demanded.
109 days detention
The claims about prosecutor Ovacıklı landed Boğatekin in prison and he was detained for 109 days. The Reporters Without Borders (RSF) had condemned his detention.
On 25 June 2008, the Malatya 3rd Heavy Penal Court sentenced the detained journalist to 18 months imprisonment in absence. He was accused of spreading PKK propaganda. (EÖ/AG)
