Civan Boltan, a severely ill prisoner held in Bolu Type F Closed Prison, has been given an 11-day solitary confinement sentence. Despite having no right arm, being blind in one eye, and with only 20 percent vision in the other, Boltan was punished with solitary confinement on charges of “making propaganda for an organization” after books were seized during a cell search.
The legal process that followed the punishment, based on his note, was turned into a “matter of the state” by the Bolu public prosecutor. Lawyers’ objection to the solitary confinement was first accepted and the punishment annulled. But after the prosecutor’s appeal, the case was re-examined, and the heavy penal court overturned the earlier annulment and reinstated the 11-day solitary confinement.
11-day solitary penalty for books and notes
In June, after a cell search, Boltan’s books, notes, and writings were confiscated. The execution court evaluated the materials and launched a disciplinary process, which ended with an 11-day solitary confinement penalty for Boltan, who is already struggling greatly to sustain his life. His lawyer, Mehdi Özdemir, appealed to the Bolu Execution Court, arguing the decision was unlawful and unrelated to any crime.
The appeal stated: “My client has not justified or legitimized any act of violence by an illegal organization, nor has he created any danger of this kind. The board’s decision to impose solitary confinement, without evaluating the writings or books and instead referring to general and abstract matters, is clearly an interference with freedom of thought and expression. Given both my client’s health condition and the fact that the issues in question fall within the scope of freedom of thought and expression, we request that the complaint against the 11-day solitary confinement penalty be accepted, and the decision overturned.”
Execution court found decision ‘unlawful’
The execution court reviewed the case and referred to a previous precedent from the Court of Cassation, stating: “In the present case, the prisoner’s alleged disciplinary offense consists solely of possessing organizational documents, without any finding that he was carrying out or enabling training or propaganda for such organizations. The act therefore fails to meet the criteria of typification. The complaint is accepted, the objection is upheld, and the disciplinary penalty is overturned.”
Court reverses after prosecutor’s objection
Four days after this ruling, on July 7, the Bolu public prosecutor objected. The 1st High Criminal Court of Bolu reviewed the objection and overturned the execution court’s annulment. Ignoring the Court of Cassation precedent, it accepted the prosecutor’s appeal and ruled that the punishment was “procedurally and legally valid,” reinstating the 11-day solitary confinement.
Right to life is being violated
The court ignored Boltan’s medical reports and disability status. His lawyer, Mehdi Özdemir, said the situation was unacceptable and full of contradictions, and that they would appeal again. He added: “Civan Boltan has no arm, and his eyes do not see. It is impossible for him to survive alone in solitary confinement. This decision is neither humane nor lawful. Boltan’s right to life and health will be violated.”
A one-armed person cannot stay alone in solitary
His mother, Nazime Boltan, also protested strongly, saying the decision must be withdrawn immediately. She pointed out that her imprisoned son is ill and has not been released despite a ruling from the European Court of Human Rights. She added: “They are subjecting him to torture within torture. A punishment for books or notes is unacceptable. Even the court admitted this. In his ward, his friends help him, but in solitary confinement there will be no one to help him.”