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Having his final hearing at the Adıyaman 2nd Heavy Penal Court, Hacı Boğatekin, the Editor-in-Chief of Gerger Fırat local newspaper, has been acquitted of "terror propaganda" and "praising the crime and criminal."
Boğatekin was facing this charge over his Facebook posts where he called on the state to come to terms with Abdullah Öcalan, the imprisoned leader of the outlawed Kurdistan Workers' Party (PKK).
At the final hearing of the journalist, a preliminary proceedings report was read out on the grounds that the court board had changed.
Boğatekin had sent his written statement of defense to court via the Gerger Penal Court of First Instance. He indicated that the file of another case against him was expected to be finalized by the Court of Cassation General Assembly for Criminal Matters. Accordingly, he demanded that the local court await the ruling to be handed down by the Court of Cassation.
Hacı Boğatekin's attorney's Hüseyin Boğatekin stated that he could not attend the hearings due to the novel coronavirus (COVID-19) pandemic and demanded that the next hearing be adjourned until a later date.
The prosecutor of the hearing also indicated that he did not have any demand for the extension of the prosecution and presented his opinion as to the accusations. In his opinion, the prosecutor said that the elements of the crime did not arise and demanded that Boğatekin be acquitted.
The opinion of the prosecutor referred to the Article 215 of the Turkish Penal Code (Praising the crime and criminal) and the Article 7/2 of the Anti-Terror Law (TMK) (Propagandizing for Terrorist Organization). Reminding that a criminal case was filed against the defendant as per these laws, the prosecutor demanded the acquittal of Boğatekin on the grounds that "the legal elements of his actions did not bring about material elements."
Examining the file, the court has ruled that Hacı Boğatekin shall be acquitted. The detailed ruling will be pronounced at a later date.
What happened?
A lawsuit was filed against Hacı Boğatekin, the Editor-in-Chief of Adıyaman Gerger Fırat newspaper, on charges of "praising the crime and criminal" and "propagandizing for a terrorist organization" on the grounds that he called on the government to compromise with imprisoned leader of the PKK Abdullah Öcalan in his Facebook posts in 2015-2016.
Boğatekin objected to the investigation launched with the "simple procedure" method as per the Article 251 of the Code of Criminal Procedure (CMK), filed a lawsuit at the Gerger 1st Heavy Penal Court of First Instance; however, the court gave a ruling of non-jurisdiction and sent the file to the 1st Heavy Penal Court. Examining the file, the Adıyaman 1st Heavy Penal Court also gave a ruling of non-prosecution and sent the file to the 2nd Heavy Penal Court. (HA/SD)
