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Ziya Ata­man, an ill jour­nal­ist and pris­on­er has been in deten­tion since April 11 2016 in Van’s high-secu­ri­ty prison. A pre­ven­tive incar­cer­a­tion that goes well beyond legal lim­its, a judge­ment in the series of the usu­al Kafkaesque tri­als in Turkey, a sen­tence devoid of any real evi­dence… Ziya’s impris­on­nement, giv­en his seri­ous health prob­lems, has become a dou­ble sentence…

At first Ziya worked as a dis­trib­u­tor for Özgür Gün­dem, then he spent sev­en months as an appren­tice jour­nal­ist at the DIHA news agency, until the clos­ing and pro­hi­bi­tion of the news­pa­per by a law-decree on Octo­ber 30 2016, as was the case for sev­er­al oth­er media…

On July 13 2019 we pub­lished the lat­est devel­op­ments and called for sol­i­dar­i­ty around a petition.

A Summary of the Facts:

Ziya was tak­en into cus­tody on April 10 2016 while fol­low­ing as jour­nal­ist a demon­stra­tion in the town of Van, in East­ern Turkey. Under the catch-all alle­ga­tion of “belong­ing to a ter­ror­ist orga­ni­za­tion”, he was incar­cer­at­ed the fol­low­ing day, April 11 2016. The defin­i­tive indict­ment was only pre­pared on Decem­ber 2017, which is to say almost 20 months fol­low­ing his first arrest. On July 13 2019, after 1 188 days of impris­on­ment, large­ly tres­pass­ing the 2 year max­i­mum allowed for the pre­ven­tive incar­cer­a­tion of an accused, Ziya was kept under deten­tion, despite his health prob­lems, fur­ther com­pli­cat­ing his condition.

Pri­or to his arrest, he already suf­fered from a seri­ous intesti­nal ill­ness. He was under treat­ment and his incur­able ill­ness was under con­trol. Under prison con­di­tions, with extreme­ly lim­it­ed means and access to med­ical care, giv­en the con­di­tions of his impris­on­ment, the ill­ness has pro­gressed in crit­i­cal fashion.

What has happened since?

In the tri­al for the many “sus­pects” accused among oth­er things, of hav­ing com­mit­ted a bomb attack, the last hear­ing took place in the Şır­nak tri­bunal on Sep­tem­ber 24 2019. Dur­ing his defence, Ziya again remind­ed the jury that the tes­ti­mo­ny against him was gath­ered under threats and tor­ture and that the wit­ness­es them­selves said so. Indeed, with­out the “forced tes­ti­mo­ny”, a very com­mon and unre­li­able prac­tice, the accu­sa­tion no longer had any­thing oth­er than a con­fis­cat­ed agen­da as “proof”, an agen­da in which Ziya Ata­man’s name appeared, among those of close to 500 oth­er peo­ple. Ziya asked “Why, if there are 400, 500 names, are only 8,9 per­sons on tri­al?” He also under­lined his ill­ness and request­ed his acquittal.

In the end, Ziya Ata­man was sen­tenced to 14 years and 3 months in prison; no con­sid­er­a­tion being giv­en to his health, he was kept in prison.

In fact, accord­ing to the “Report of obser­va­tions of tri­als about free­dom of expres­sion 2020” pub­lished in March 2020 by Media and Law Stud­ies Asso­ci­a­tion (MLSA) this is the heav­i­est sen­tence giv­en for an accu­sa­tion of ‘belong­ing”, in Turkey.

The Turk­ish Jour­nal­ists Union TGS, orga­ni­za­tions for the pro­tec­tion of jour­nal­ists and the defence of human rights wide­ly react­ed to this sentence.

Pandemic, Constitutional Tribunal…

Pri­or to the arrival of the Covid-19 pan­dem­ic, since Ziya Ata­man found him­self in the main group at risk, his lawyers sol­licit­ed the Con­sti­tu­tion­al Tri­bunal in ear­ly April 2020, request­ing his lib­er­a­tion. Then, the regime announced a new “amnesty pack” lib­er­at­ing close to one hun­dred thou­sand pris­on­ers because of the pan­dem­ic. The pack exclud­ed all con­dem­na­tions for pre­med­i­tat­ed mur­der, drug traf­fick­ing, orga­nized crimes and ter­ror­ism; this meant that 97 jour­nal­ists of the oppo­si­tion, a major­i­ty of them Kur­dish, con­demned or in pre­ven­tive incar­cer­a­tion, accused of belong­ing or of pro­pa­gan­da, were not lib­er­at­ed, despite all appeals and reac­tions… Ziya Ata­man was among them.

Covid-19 risks

In ear­ly Jan­u­ary 2021, MLSA trans­mit­ted a let­ter Ziya Ata­man sent to his doctor:

I am still in quar­an­tine. Imme­di­ate­ly after the pre­vi­ous peri­od of quar­an­tine, I was racked by cough­ing, with loss of taste and smell. The admin­is­tra­tion was informed and I was test­ed. The result proved neg­a­tive. At the same time, oth­er pris­on­ers in my block pre­sent­ed the same symp­toms. They were also test­ed. One of the results proved positive.

Short­ly there­after, I expe­ri­enced very strong pains in the chest and in the back, fol­lowed by trem­bling and a sen­sa­tion of pins and nee­dles. I was trans­fered to the hos­pi­tal. Car­di­ol­o­gy did not note any evi­dence of ary­th­mia. I think the symp­toms may have been a result of the cough­ing that affect­ed the lungs. I am not a spe­cial­ist, the doc­tor is the one estab­lish­ing a diag­no­sis… I am bet­ter, but although two months have gone by, I con­tin­ue cough­ing, and am still devoid of taste and smell.”

Since then, Ziya has remained in prison…His is one of the many cas­es of ill pris­on­ers main­tained under incarceration.

His ill­ness requires fre­quent hos­pi­tal vis­its and hos­pi­tal­iza­tions. For pris­on­ers, access to the hos­pi­tal con­tin­ues to be a sup­ple­men­tary pun­ish­ment, be it only because of the trans­port and the long wait­ing peri­ods inside the “blue ring”, a vehi­cle writer Aslı Erdoğan, also ill, spoke about in an inter­view done just before her liberation.

The most dif­fi­cult part of prison is the med­ical help. Infir­mary vis­its are once a week. They are a hor­ror. Out­side secu­ri­ty from gen­darmerie escort you there. They load you aboard this hor­ri­ble vehi­cle, the ‘ring’. The ‘ring’ is some­thing that even the twen­ty pris­on­ers who are used to every­thing can­not stand. I’ve nev­er seen any­thing as inhu­man as this vehi­cle. They sit six hand­cuffed women, side by side, is a space no larg­er than a cof­fin. The door slams shut on you. The win­dow is hard­ly big­ger than the palm of a hand. In sum­mer, it’s extreme­ly hot, in win­ter it’s cold, and there’s no air. You are jos­tled so much that peo­ple vom­it. They take you to the hos­pi­tal like this. They bring the women inside, one by one, with the gen­darmes and pad­locks. The oth­ers wait in the nar­row cof­fin. Three hours, some­times four. Those who vom­it, those who faint… Peo­ple turn white. At the same time, you want at once to see a doc­tor, you’ve wait­ed months for this trans­fer and yet you tell your­self : ‘How will I be able to stand the ‘ring’?”

These inhu­mane con­di­tions lead many pris­on­ers to hes­i­tate in request­ing care and aus­cul­ta­tions, thus often aggra­vat­ing their con­di­tion. And yet, access to health care is one of the fun­da­men­tal rights.

As for Ziya, fol­low­ing each vis­it or hos­pi­tal­iza­tion, upon return­ing to prison, he is kept for 14 days in  quar­an­tine in an iso­la­tion cell which, for him and oth­er ill detainees, con­sti­tutes a true torture.

Last June 17, Ali Kenanoğlu, a deputy of the Peo­ple’s Demo­c­ra­t­ic Par­ty (HDP), inter­ven­ing in the Turk­ish Par­lia­ment on the top­ic of ill pris­on­ers called specif­i­cal­ly for the lib­er­a­tion of Ziya Ataman.

Journalism is not a crime!

In sol­i­dar­i­ty with Ziya, Kedis­tan will soon pro­vide more detailed infor­ma­tion. In the mean­time, you can sup­port him through your cards and let­ters. Recent­ly, Ziya wrote: “For our thoughts to remain free, we need your shoul­ders. In harsh times like these, only sol­i­dar­i­ty can bring us light. We Wait. We can over­come every­thing by stand­ing shoul­der to shoul­der, elbow to elbow.” 

Update  — On August 7, 2022 Ziya was forcibly trans­ferred to the high secu­ri­ty prison of Dum­lu, near Erzurum.

Ziya Ata­man
Dum­lu 2. nolu Yük­sek Güven­lik­li Ceza ve İnf­az kurumu
Yaku­tiye — ERZURUM — TURKEY

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Translation by Renée Lucie Bourges
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