Two Ukrainian nationals lodged this complaint against the Ukraine under Article 34 of the Convention for the Protection of Human Rights (the “Convention”) in 2003. The applicants alleged that they were ill-treated by the police and that no effective investigations of the event took place. One of the applicants also alleged that he had been …Read more
The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more
On 7 August 2008, the Defendant, Prita Mulyasari, arrived at Omni International Hospital in Tangerang with symptoms of a fever and dizziness. She was then admitted, and through a series of unfortunate events, ended up receiving unnecessary medication and incorrect lab results under the care of Dr. Hengky. Her condition significantly worsened after an incorrect …Read more
A minor child, L.C., began to be sexually abused at the age of 11 years by a 34-year-old man. Two years later, L.C. became pregnant, and in response, attempted suicide by jumping from a building. L.C. survived her suicide attempt, and she was taken to a public hospital where she was diagnosed with a series …Read more
The petitioners claimed that a group of armed police officers arrived on their land and without warning or a court order begun demolishing the houses and structures of the petitioners, leaving them homeless. Further, they alleged that police used tear gas and physical violence to evict the petitioners, who were resisting the demolition. The petitioners …Read more
The applicant Ms. R.R., a Polish citizen, brought an action against the then Malopolska Regional Medical Insurance Fund and Dr. S.B. for failure to perform timely prenatal examinations and allow her the possibility of deciding whether to terminate her pregnancy with the conditions provided by law for the malformation of her child (Turner syndrome). The …Read more
In 2006, police found over 700 grams of methylamphetamine in Momcilovic’s apartment. Forensic evidence linked the drugs to her partner, but not to Momcilovic. She denied knowing that the drugs were in her apartment or that her partner was involved in trafficking. Her partner admitted at Momcilovic’s trial that the drugs were in his possession …Read more
The applicant is an Afghan male who in early 2008 fled war-stricken Kabul, where he claimed to have feared for his life as a result of his service as a translator for international air force troops based in that city. The applicant first entered Greece, where Greek authorities entered his fingerprints into the common European …Read more
This case was an appeal of a constitutional protection (amparo) action before the Constitutional Court filed by the claimant, Carlos Alexander Molina Garrido, against the Ministry of National Defense. The claimant was dismissed from military service after a report that he was drunk in public, which he appealed before the Ministry. When his administrative appeal …Read more
Three individuals (‘the victims’) were arrested, detained, interrogated, tried and sentenced to death by the Egyptian authorities for their alleged involvement in the 2004 and 2005 bomb attacks on tourist resorts in the Sinai Peninsula. The victims argued that in the course of these proceedings Egypt violated their rights to be free from torture and …Read more
K was named as a witness in a case brought against a company involving embezzlement. During the investigation, the prosecutor brought criminal charges against K for his suspected involvement in the embezzlement, and on 7 April 2001, K was detained by the authorities pursuant to the prosecutor’s order. The detention, based on a request of …Read more
On 23 October 2002 a group of terrorists armed with machine-guns and explosives took hostages in the ‘Dubrovka’ theatre in Moscow. For three days, more than 900 people were held at gunpoint and the theatre building was booby-trapped with suicide bombers positioned amongst the hostages. During the three days, the terrorists made certain demands and …Read more
On 24 October 2004, TM and his wife were in custody at the local police station on a public disturbance charge following an argument in the street. While in police custody, TM died, and there was a dispute of fact as to how his death occurred. The ambulance doctor who attended the scene testified that …Read more
This case considered whether a prisoner in ill health should be released from prison. The applicant was serving time in prison for murder. He argued that he should be released on bail given his ill health and that the delay in bringing his case to trial was unreasonable. He had been imprisoned since October 2007 …Read more
The Centre for Health, Human Rights and Development (“CEHURD”) alleged that Uganda passed laws that were (1) degrading to mentally challenged individuals and (2) contrary to the Ugandan Constitution (“Constitution”). The factual issue at hand involved the claim that people with mental disabilities were being detained for long and indefinite periods of time without due …Read more
According to Article 37 of the Communicable Disease Control Act, revised January 30, 2002, “Any person who had physical contacts with patients of contagious diseases, or suspected of being infected, shall be detained and checked by the competent authority, and if necessary, shall be ordered to move into designated places for further examinations, or to take …Read more
The applicant was a Russian national who was convicted of drug trafficking and was serving his sentence in prison in Russia. The applicant complained to the European Court of Human Rights (the ECHR) about the conditions of his detention in the cells he had been imprisoned in, and that an effective domestic remedy hadn’t been …Read more
The applicant was a Russian national who was detained in a remand prison starting in May 2004 due to criminal charges of attempted swindling. His detention had been prolonged a number of times upon prosecution’s request and he hadn’t been released on grounds that the offense was serious and he could abscond, engage in further …Read more
The plaintiffs, in representation of their daughter, filed an anticipatory protection against the insurance company to cover for the medical treatment and medical instruments that their daughter needed because she suffered a car accident. The plaintiff’s daughter was riding a bicycle that got crushed by a car which dragged her and created many injuries and …Read more
An order for compulsory care had been made for V.M. for two years, which was extended for an additional two years under s 85 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDDCR Act”). On appeal, the High Court found that the Family Court should not have granted the extension and quashed the …Read more
The claimant (L), a 45-year-old woman with an intellectual disability, appealed a decision by the Family Court which had ordered a 12-month extension to the compulsory care order that L was under. The care order had been initially ordered under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (“IDCCR Act”) because of L’s violent …Read more
The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more
The accused Jovica Stanišić was standing trial and sought provisional release during the summer recess to be with his family. However, he had an unpredictable health condition with a constant risk of deterioration. He suffered from two periods of kidney stone difficulties, with one of the medications causing a severe allergic reaction and increasing symptoms …Read more
The Appellant, Seaton, an inmate, brought suit against the director of the California Department of Mental Health, the administrator of a state hospital, and two psychologists, alleging that they violated his constitutional right to privacy when they examined and communicated their opinions about his medical records to the district attorney’s office in the period before …Read more
In August 1998, Maja Šubašić, a Croatian national, gave birth prematurely to twin girls while visiting Athens. As a result, her daughters had to be hospitalized in Athens for three months. In October, the Croatian Health Insurance Fund reimbursed Mrs. Šubašić for the costs of her own medical treatment. In April 1999, however, the Fund …Read more
Indigenous community Xákmok Kásek brought an action against the government of Paraguay before the Inter-American Commission on Human Rights for failure to meet its international responsibility of timely granting the community members’ request in 1990 for a guarantee of their right to their ancestral lands. Because the government had failed to process their request, the …Read more
This case deals with a number of petitions lodged against Peru alleging a violation of the rights to humane treatment, personal liberty, fair trial, privacy and judicial protection enshrined in Articles 5 (Right to humane treatment), 7 (Right to personal liberty), 8 (Right to a fair trial), 9 (Freedom from ex post facto laws), 11 …Read more
This case was about the difference in treatment provided by the law between civil servants and employees as concerned expenses incurred by claims relating to social security. The Anvers Court of Appeal asked the Constitutional Court about the validity of article 1017, paragraph 2, of the Belgian Judicial Code in regard to articles 10 and …Read more
Aranzazu Meneses de Jiménez, a General Service Operator at the Maria Inmaculada Hospital, filed a petition against the Republic of Colombia alleging a violation of article 4 (right to life), article 5 (right to humane treatment), and article 25 (right to judicial protection) of the American Convention on Human Rights and Articles 1, 2, 6 …Read more
Three applicants, two Irish nationals and one Lithuanian national, travelled to the United Kingdom in 2005 to have an abortion, each applicant believing they were not entitled to an abortion in Ireland. The first applicant decided to have an abortion to avoid jeopardizing her chances of reuniting her four previous children who were in foster …Read more