Seriously ill prisoner held in a solitary cell

Emin Gurban has been sentenced to an aggravated life sentence and is now so seriously ill that he can no longer care for himself.

57-year-old sick prisoner Emin Gurban, from Çatak district of Van was arrested in 1996 and sentenced to death by the State Security Court (DGM) on 13 June 2001 for "disturbing the unity and integrity of the state". After 25 years of imprisonment, Gurban's case was appealed to the Court of Cassation, which overturned the verdict on the grounds of procedural irregularities. At the time the sentence was overturned, the death penalty had been abolished and Gurban was sentenced to an aggravated life sentence without the possibility of release, which was upheld by the Court of Cassation.

After exhausting domestic remedies, Emin Gurban's case was brought before the European Court of Human Rights (ECtHR). On 15 December 2015, the ECtHR ruled that the long trial and aggravated life imprisonment violated the prohibition of torture in the European Convention on Human Rights (ECHR). An application for a retrial was rejected by the local court in Turkey. The case is before the Constitutional Court for implementation of the ECtHR ruling, but there is no decision yet.

Gurban spent his 27 years in detention in Metris, Sakarya, Bursa, Gebze and Kocaeli prisons. Most recently, Gurban was transferred to Konya-Ereğli high security prison.

Emin Gurban suffers from various health problems due to the detention conditions. According to a medical diagnosis, Gurban is at risk of developing stomach cancer. Due to the risk of cancer, there is a pathology report stating that he should be under constant medical supervision due to a wound in his stomach and that he must watch his diet. Without a continuous diet, a relapse is likely. Gurban also suffers from a biliary disease for which he had to undergo surgery in 2018.

On 6 December 2022, Emin Gurban was admitted to the emergency room of the state hospital with vomiting and other complaints. From the emergency room, he was referred to the neurology department. At the neurology department, he was found to be in a life-threatening condition and was diagnosed with infarction in an area of 70 per cent of the cerebellum as a result of two vascular occlusions in the neck.

After six days of inpatient observation, Gurban returned to prison with the decision to continue his treatment at Kocaeli Medical Faculty. His complaints, including constant vomiting, continued. His lawyer, Elif Taşdöğen, intervened with the prison administration and was assured that her client would be transferred to the university hospital.

However, on 15 December 2022, Gurban was told by law enforcement officials that he would be transferred to Konya-Ereğli Maximum Security Prison. Although he and his fellow prisoners protested against this, Gurban was picked up in a military ambulance and handcuffed to start the nine-hour journey to Konya.

Speaking to ANF, Gurban's lawyer Elif Taşdöğen stated: "We have filed a criminal complaint for abuse of authority and violation of the ban on torture. The prisoner had to travel in handcuffs for nine hours and his life was in danger during the journey. He should have been urgently transferred to a university hospital, but was transferred in this way to a prison nine hours away. This constitutes the offence of torture and ill-treatment of the public officials who decided and implemented this act, and also the offence of abuse of office by all officials involved."

According to the latest information from his lawyer, Emin Gurban was taken to a hospital in Ereğli on 19 December, but was taken back to prison without treatment. According to the lawyer, he can no longer look after himself and can barely stand. Nevertheless, he continues to be held in a solitary cell.