Press freedom 2009

Court Decides that Letter Explaining Journalist's Absence Lacked "Regret"

A journalist from Turkey's Adýyaman province returned to his hometown last week after receiving medical treatment in Istanbul, to find that a local criminal court had sentenced him in absentia to over two years in prison for insulting public officials, reports IPI Turkey.

Authorities in the eastern province's Gerger district had brought criminal charges against Hacý Bogatekin of the daily Gerger Fýrat, following a February 2008 article in which the journalist alleged that local police officers and Gerger public prosecutor Sadullah Ovacýklý had held "secret meetings" during which they planned to "force the newspaper out of business."

Citing inconsistencies in the original hearings, Bogatekin successfully applied to have the trial transferred from his hometown of Gerger to the nearby town of Kahta.

The Kahta hearings were due to commence on 27 October, but, according to Bogatekin, he was unable to attend as he was in Istanbul at the time receiving hospital treatment for a throat condition. He informed the court of this in advance in a couriered letter of apology.

The court decided, however, that the letter did not show enough "regret" and was an "attempt to prolong the trial" and sentenced Bogatekin to two years, two months and seven days in prison for breaching Article 125 of the Turkish Penal Code.

"This court decision is an act of revenge," Bogatekin told IPI in a statement.

"My right for defence was limited, my lawyers were not informed, and my apology request due to my health condition was refused. These penalties aim to silence journalism," he continued.

Bogatekin will appeal the sentence.

"Journalists must not be jailed for carrying out their work," said Alison Bethel McKenzie, IPI Deputy Director. "We call on the court of next instance to overturn this verdict. The Turkish government must pull themselves in line with their obligations under the European Convention on Human Rights."

This is not the first time that a Turkish court has imprisoned Bogatekin for insulting Ovacýklý.

Starting in April 2008, Boðatekin served 109 days in prison for alleging that Ovacýklý has connections to Fethullah Gülen, a well known Turkish Muslim intellectual and preacher living in self-imposed exile in the United States.


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