Two Journalists: Father on Trial, Son Convicted of "Insult"

Özgür Boğatekin, representative of the local Gerger Fırat newspaper in Adıyaman, southeastern Turkey, has been sentenced to 1 year, 2 months and 17 days imprisonment for an article in which he argued that his father, journalist Hacı Boğatekin, was being held in prison unlawfully.

Özgür Boğatekin has now been convicted of insulting prosecutor Sadullah Ovacıklı.

On 13 May, the Gerger Criminal Court of First Instance handed down the sentence, without any reducing or suspending the sentence, or turning it into a fine. 

Referring to a court hearing to which his father had been brought in handcuffs and where the continuation of his detention was decided, Özgür Boğatekin had written an article entitled "Continuation of Detention".

The article, which appeared on 30 June 2008, described prosecutor Sadullah Ovacıklı and policemen "grinning surreptitiously" after the father's continuing detention had been decided on.

"Expert" witness

An expression Özgür Boğatekin used to describe the way the prosecutor was walking, "pegur", is a regional term. As an "expert" witness, the court used a court clerk, Mustafa Erdil, who said:

"'Pegur' can mean walking like a wolf, walking with wolves, wolves' tracks, but can also mean other things. What I understand from 'pegur walk' can be interpreted as a way of insulting someone. It can then mean walking behind a wolf, walking like a wolf, stepping into the tracks of a wolf. It depends on how the word was used. The meaning of this word may change from region to region."

Son says judge is biased

Özgür Boğatekin pointed out that judge Ayşegül Şimşek, who tried him, had been withdrawn from his father's court case because of lack of objectivity, and that the files had been sent to the Kahta Criminal Court of First Instance.

Like his father, he filed a rejection claim of the judge, saying, "there has been animosity between the judge and my father, and thus also between her and me and my family. That is why I demand a different judge."

However, the son's demand has been rejected. The court also rejected the application of father Haci Boğatekin, owner and editor of the local newspaper, to take part in the case.

Complaints and appeal

Özgür Boğatekin stated that he has filed a symbolic compensation suit of one lira against the judges of his father's court at the Kahta Civil Court of Peace, that he has demanded a change in prosecutor and judge, and that he has demanded a preliminary investigation into these individuals by the Supreme Board of Judges and Prosecutors.

He has further said that he will file an appeal against  the court decision, saying, "I have full faith in higher justice."

The journalist father, Haci Boğatekin, was put on trial for "insulting", "slander" and "attempting to influence the judiciary process" after he said that he had been threatened by prosecutor Sadullah Ovacıklı who took his statement about an article entitled "Feto and Apo", an article which contained references to Fethullah Gülen, a religious leader.  Boğatekin has described the prosecutor as a "Fethullah Gülen fan."

109 days detention

Haci Boğatekin was kept detained for a total of 109 days, and his demands for a release were refused at three hearings before he was later released from Kahta prison.

The Adıyaman 2nd Heavy Penal Court finally accepted his demand for a different judge, and his case has been transferred to the Kahta court. (EÖ/AG)