The Association of Civil Society in the Penal System, the Diyarbakir (Amed) Bar Association, the Human Rights Association (IHD), the Diyarbakir Branch of the Association of Lawyers for Freedom (OHD), and the Association for Solidarity with the Families of Prisoners and Convicts (TUAY-DER) issued a written statement regarding the condition of ill prisoner Ismail Tamboga.

The statement recalled that Ismail Tamboga was arrested at the age of 16 and has been held in prison for the past ten years. It noted that his stomach illness had spread to other organs, that the acid from his stomach had caused his teeth to fall out, and that his jawbone had been damaged.

The statement stressed that there is a clear violation of the right to life, adding: “Due to the deterioration of his jaw structure, prosthetic dental treatment cannot be provided. While only implant treatment is possible, no steps have been taken for years to resolve this issue. Because of his advanced-stage stomach condition, lung disease, and lack of teeth, Tamboga has been surviving only on nutritional formula for a long time and his weight has dropped to 38 kilograms.” 

Standing trial without detention is of vital importance

The statement noted that there is no final conviction against Ismail Tamboga and that his trial is still ongoing. It continued: “Considering the prolonged state of detention, the fact that this process began when he was a child, and his severe illness, standing trial without detention is of vital importance. Ismail Tamboga’s health condition poses a serious threat in terms of both his right to life and his right to health. Article 17 of the Constitution guarantees the right to life, while Article 3 of the European Convention on Human Rights (ECHR) prohibits torture and ill-treatment. In this context, access to adequate healthcare services in prison must be guaranteed. Furthermore, the United Nations (UN) Mandela Rules ensure that prisoners have equal access to healthcare as those outside. In the current conditions, it is not possible for Ismail Tamboga to receive a thorough assessment, physical examination, and regular treatment in prison. Timely and qualified access to healthcare is a fundamental human right for all.”

His treatment must be carried out outside prison

The statement pointed out that Tamboga’s illness developed while in prison and that the treatment process had been significantly delayed. It emphasized that treatment must be conducted outside the prison, under the supervision of specialist physicians and within appropriate medical institutions. Stressing that adequate healthcare services cannot be provided in prison conditions, the statement read: “For Ismail’s treatment process to be successful, it must be carried out in suitable conditions in healthcare institutions outside the prison.”

The statement concluded with the following appeal: “As the undersigned institutions, we call on the Ministry of Justice and all relevant authorities to remove the obstacles to the right to treatment for severely ill prisoner Ismail Tamboga and all other sick prisoners, to ensure their release, and to protect their right to health and life. Ismail Tamboga must be allowed to be tried without detention, and his advanced-stage stomach condition, pneumonia (lung disease), and oral and dental health issues must be treated outside prison, under the supervision of specialist doctors.”