MEDIA MONITORING DATABASE
The case of DİHA correspondent Ziya Ataman
RELATED PERSON OR INSTITUTION
Ziya Ataman
CITY
Şırnak
YEAR OF INTERFERENCE
2016
LAST UPDATED
01/04/2020
TYPE OF STATEMENT
Political
MEDIUM
Internet
News Agency
THE TITLE OF WHOSE RIGHT IS INTERFERED
Journalist
RIGHTS GUARANTEED UNDER THE RIGHT OF FREEDOM OF EXPRESSION
Right to Impart Information and Ideas
TYPE OF INTERFERENCE
Judicial Interference
Criminal Courts
Sentence to imprisonment
THE LEGAL GROUNDS FOR INTERFERENCE
Turkish Penal Code
Art. 314/2

Ziya Ataman was arrested on April 11th, 2016 and has been in Van High Security Closed Prison since. He was arrested on account of his relative’s statement, who claimed to have heard Ataman participating in an armed attack. His relative retracted his statement and stated that it was obtained through torture. According to his lawyers from MLSA, no evidence was left to charge Ataman with any crime.

The prosecutor delivered the opinion as to the merits during this hearing and demanded Ataman to be punished for “disrupting the unity and integrity of the state” (Penal Code Article 302).

The court told Ataman that he has to provide the translator himself if he wants to present his defense in Kurdish at the next hearing. Ataman’s lawyer noted that the court shall provide this service pursuant to the right to a fair trial and requested her client to be brought before the court in person for the next hearing.

The Constitutional Court delivered its decision on April 16, and found no violation.

On 24th of September, Şırnak 1st High Criminal Courtrendered its decision. Ataman was found guilty on being a member of a terrorist organization and was sentenced to 14 years 3 months of imprisonment. His lawyers declared that they will appeal to the decision.

Due to the corona virus outbreak, MLSA lawyers lodged an application with the Constitutional Court for Ataman’s release, who has an intestinal chronic disease.