The Court of Appeals 4th Law Office decided not to impose a sentence to Birgün newspaper journalist Fikri Sağlar.
With its decision from 17 November, the Court of Appeals overruled the local court's decision for compensation payments. The High Court pointed out that the Büyükanıt couple had not been insulted by the published news and that journalist Sağlar did what was needed in terms of press freedom.
Sağlar: justice has been dispensed
Defendant Sağlar expressed his delight about the decision, saying that "Justice has been dispensed". If the local court is not going to appeal against the decision, the case will be dropped. In case of another appeal the file will come to the Court of Appeals General Assembly.
Büyükanıt had opened a court case against the Birgün daily and journalist Sağlar on the grounds of the column, entitled "Was the file given to Büyükanıt?" ('Büyükanıt'a Dosya Verildi mi?'). Büyükanıt claimed 100,000 Turkish Lira (approximately € 45,500) in compensation.
In the hearing on 2 December 2008, the Ankara 1st Civil Court of First Instance had rejected the request to acquire the documents confiscated in the house of retired General Hurşit Tolon. The court had convicted Birgün newspaper and journalist Sağlar to pay 10,000 TL (€ 450) to Yaşar Büyükanıt and another 7,000 TL (€ 3180) to his wife Filiz. (EÖ/VK)