Journalist Hacı Boğatekin sentenced to prison for reporting bribery allegations against judge

Hacı Boğatekin, a local journalist in Adıyaman, has been sentenced to 1 year and 6 months in prison for an article he penned in 2018 regarding bribery allegations within the judiciary. 

Boğatekin wrote about Batuhan M., a judge serving in Adıyaman’s Gerger district at the time, accusing him of accepting a substantial bribe to issue severe penalties in an ongoing trial.  

The bribery claim amounted to 2 million Turkish Liras, and Boğatekin published documents supporting his allegations in articles titled 'Bribery Allegations in Gerger Courthouse' on October 18, 2018, and 'Do Not Taint Justice' and 'Have the Funds Been Smuggled?' on October 19, 2018. Access to these articles was later banned. 

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A father and son running a local newspaper have been facing one trial after another for years

21 April 2021

Despite Boğatekin filing a complaint with the Council of Judges and Prosecutors (HSK) to investigate the claims, the HSK did not pursue the complaint or grant permission for an inquiry.  

Subsequently, the Gerger Public Prosecutor's Office, in April 2022, initiated legal proceedings against Hacı Boğatekin and the newspaper's publisher and his son, Özgür Boğatekin, accusing them of baseless claims and defamation. The prosecutor demanded sentences ranging from 1 to 4 years for the journalists. 

The case, which had eight hearings from the opening on November 22, 2023, reached its conclusion. In the final hearing, the prosecutor, citing the Constitution, Turkish Penal Code, and the European Convention on Human Rights, recommended the acquittal of the journalists. 

The prosecutor emphasized the importance of the "right to seek justice," "the right to petition, access information, and apply to the public ombudsman," and the "immunity of allegation and defense" as crucial safeguards for individuals wishing to assert their rights freely without fear or hindrance. The prosecutor affirmed that the news articles and the complaint letter were lawful. 

In response to the prosecutor's statement, Hacı Boğatekin's lawyer, Hüseyin Boğatekin, declared his agreement with the prosecution and argued that the reports were within the scope of press freedom, addressing matters of public interest. He emphasized that Hacı Boğatekin's complaints to the HSK were well within the right to file a grievance. Despite these arguments, the court sentenced Hacı Boğatekin to 1 year and 6 months in prison without parole. Özgür Boğatekin was acquitted of the same charges. Hüseyin Boğatekin announced their intention to appeal the prison sentence. (HA/VK)