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255 judgments found.


Jehovah’s Witnesses of Moscow and Others v. Russia

Country: Russia
Year: 2010
Court: European Court of Human Rights
Citation: Application No. 302/02
Health Topics: Health care and health services, Informed consent
Human Rights: Freedom from discrimination, Freedom of association, Freedom of religion
Facts:

On March 26, 2004, the District Court of Moscow upheld a claim to dissolve the religious community of Jehovah’s Witnesses in Moscow (“Community”) and imposed a permanent ban on its activities. The court upheld the claim on various the grounds, which included charges that the Community encouraged its members to commit suicide and/or refused medical …Read more

Tags: Access to health care, Access to treatment, Compulsory examination, Compulsory testing, Compulsory treatment, Emergency care, Forced treatment, Informed choice, Involuntary examination, Involuntary testing, Involuntary treatment, Patient choice, Unauthorized treatment
Download Judgment: English

M.A.K. and R.K. v. the United Kingdom

Country: United Kingdom
Year: 2010
Court: The European Court of Human Rights
Citation: M.A.K. and R.K. v. the United Kingdom
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Informed consent
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life
Facts:

The applicants were British nationals, the first applicant being the father of the second applicant who underwent a clotting test against the bruises on her legs with a General Practitioner who found no abnormality. Months later, the second applicant (who at the time was 9 years old) was taken to the same General Practitioner for the …Read more

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Paladi v. Moldova

Country: Moldova
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 39806/05; (2008) 47 EHRR 15
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The applicant, a Moldovan national, complained that the Republic of Moldova violated his rights under Articles 3, 5, and 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) by detaining him without a lawful basis and failing to provide proper medical care. Detention: The applicant was a deputy mayor …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Diabetes, Diagnostics, Emergency care, Examination, Inhuman treatment, Neurological diseases, Noncommunicable diseases, Public hospitals
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Slawomir Musial v. Poland

Country: Poland
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 28300/06
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
Facts:

The applicant, a Polish national, alleged a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) based on inadequate medical care during his detention in various Polish detention centers, as well as the overcrowding and poor conditions in those same facilities. In April of 2005, the …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Custody, Degrading treatment, Detainee, Detention, Emergency care, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Mental disorder, Mental illness, Mental institution, Prison conditions, Psychiatry, Schizophrenia, Suicide
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Karimov and Others v. Russia

Country: Russia
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 29851/05; (2012) 54 EHRR 28
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The applicants were Russian nationals who resided in the district of Grozny in Chechnya, which was under curfew and the control of Russian federal forces. The applicants are the relatives of Arbi Karimov, the victim in this case. In the early morning of January 11th 2003, a group of armed and masked men broke into …Read more

Tags: Assault, Cruel treatment, Degrading treatment, Execution, Forced disappearance, Humiliating treatment, Inhuman treatment, Military
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Stojanovic v. Serbia

Country: Serbia
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 34425/04
Health Topics: Health care and health services, Health systems and financing, Poverty, Prisons
Human Rights: Right to privacy, Right to social security
Facts:

The applicant is a 53 year-old prisoner in Serbia who complains of the refusal of the State to provide free dentures and of interference with his correspondence by prison authorities. The applicant suffered from paradontosis which caused the loss of teeth. On February 13, 2004 the applicant was examined by the prison dentist and was …Read more

Tags: Access to health care, Access to treatment, Health care technology, Imprisonment, Incarceration, Indigent, Inmate, Jail, Low income, Out-of-pocket expenditures, Poor, Subsidies, Underprivileged
Download Judgment: English

Belashev v. Russia

Country: Russia
Year: 2009
Court: European Court of Human Rights
Citation: Belashev v. Russia
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

A Russian national filed a claim against the Russian government for violating his rights under Article 3 (inhuman and degrading treatment) of the European Convention on Human Rights (ECHR) when he was subjected to poor conditions during his imprisonment. The applicant was arrested, convicted on criminal charges and sentenced to over 10.5 years of detention. …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Examination, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions
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K.H. and Others v. Slovakia

Country: Slovakia
Year: 2009
Court: European Court of Human Rights
Citation: App. No. 32881/04, 49 Eur. Ct. H.R. 34 (2009).
Health Topics: Health care and health services, Health information, Health systems and financing, Hospitals, Informed consent, Medical malpractice, Poverty, Sexual and reproductive health
Human Rights: Right of access to information, Right to due process/fair trial, Right to family life
Facts:

The eight applicants were women of Roma ethnicity, who suspected that they had been sterilized during caesarian section deliveries at two different hospitals. The applicants obtained legal representation, who attempted to examine and obtain copies of their medical records. These requests were denied by the hospitals. The applicants then brought actions against the hospitals in …Read more

Tags: Caesarean, Compulsory sterilization, Compulsory treatment, Disclosure, Family planning, Fertility, Forced sterilization, Forced treatment, Freedom of information, Health care professionals, Health care workers, Health data, Health records, Health regulation, Inappropriate treatment, Indigent, Infertility, Informed choice, Involuntary treatment, Low income, Mandatory sterilization, Maternal health, Medical records, Non-consensual testing and treatment, Non-disclosure, Patient choice, Poor, Pregnancy, Public hospitals, Secrecy, Sterilization, Tort, Unauthorized treatment, Underprivileged
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Brânduse v. Romania

Country: Romania
Year: 2009
Court: European Court of Human Rights
Citation: Application no. 6586/03
Health Topics: Environmental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to privacy, Right to water and sanitation
Facts:

B, a Romanian national, was sentenced to ten years in prison for fraud by the Court of Appeal of Timisoara. In January 2003 B lodged an application with the European Court of Human Rights based on the conditions of his detention in the prisons of Arad and Timisoara. B alleged that Romania violated Article 3 (prohibition of torture) of the European …Read more

Tags: Air pollution, Cleanliness, Custody, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Pollution, Prison conditions, Sewage, Trash, Waste, Waste management
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Szuluk v. The United Kingdom

Country: United Kingdom
Year: 2009
Court: European Court of Human Rights
Citation: Application no. 36936/05
Health Topics: Health care and health services, Health information, Prisons
Human Rights: Right to privacy
Facts:

The applicant, an inmate in prison, appealed to the European Court of Human Rights because he wanted to correspond privately with an external medical specialist. In 2001, the applicant suffered a brain hemorrhage while he was on bail awaiting trial for a conspiracy to sell drugs. He underwent surgery twice before being discharged to prison. …Read more

Tags: Access to health care, Access to treatment, Confidentiality, Disclosure, Health care professionals, Imprisonment, Incarceration, Inmate, Jail
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COLAK AND TSAKIRIDIS v. GERMANY

Country: Germany
Year: 2009
Court: European Court of Human Rights
Citation: Case of Colak and Tsakiridis v. Germany, Applications nos. 77144/01 and 35493/05. Strasbourg, 5 March 2009.
Health Topics: Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life, Right to privacy
Facts:

The first applicant (“the applicant”) was born in 1968 and lives in Wiesbaden. In December 1992 the applicant’s companion found out that he was suffering from cancer and AIDS. He informed the applicant about the cancer but concealed his AIDS infection. On 21 January 1993 he informed their family physician about his diseases but forbade him to …Read more

Tags: Health care professionals, HIV/AIDS, Medical malpractice, Right to Fair Trial, Right to Life, Right to Privacy
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Eugen Gabriel Radu v. Romania

Country: Romania
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 3036/04
Health Topics: Disabilities, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The plaintiff, Eugen Gabriel Radu, a Romanian national, applied to the European Court of Human Rights claiming that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, which prohibits torture and inhumane or degrading treatment. The plaintiff was sentenced in 2001 and again in 2006 for aggravated …Read more

Tags: Clean water, Cleanliness, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Disabled, Handicapped, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Physically challenged, Prison conditions, Waste management
Download Judgment: French

Marian Stoicescu v. Romania

Country: Romania
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 12934/02
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The plaintiff, Marian Stoicescu, a Romanian national, applied to the European Court of Human Rights in 2002 alleging that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, prohibiting torture and inhumane or degrading treatment. In 2000, the plaintiff was sentenced to 8 years in prison for …Read more

Tags: Clean water, Cleanliness, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drinking water Potable water, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Safe drinking water, Waste management
Download Judgment: French

Frankowicz v. Poland

Country: Poland
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 53025/99
Health Topics: Health information
Human Rights: Freedom of expression, Right to due process/fair trial
Facts:

Frankowicz worked as a gynecologist preparing medical reports at clients’ request. He wrote a report on the long-term treatment of one of his patients in which it was noted that the client was suffering from chronic hepatitis and cirrhosis. Furthermore, Frankowicz wrote that the client’s previous doctor “had failed to take the actions [necessary] for …Read more

Tags: Freedom of information, Health care professionals, Health care workers, Health records, Medical records, Non-disclosure, Notification
Download Judgment: English

Enea v. Italy

Country: Italy
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 74912/01
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The plaintiff, Salvatore Enea, was sentenced to 30 years in prison for crimes related to mafia-type criminal organization, drug trafficking, and illegal possession of firearms. The Minister of Justice ordered the plaintiff be subject to a special prison regime for one year due to the danger he presented to society. The regime included restricting family …Read more

Tags: Access to health care, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Torture
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Kats & Ors. v. Ukraine

Country: Ukraine
Year: 2009
Court: The European Court of Human Rights
Citation: CASE OF KATS AND OTHERS v. UKRAINE
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Infectious diseases, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to life
Facts:

The applicants were three Ukrainian nationals; two of them are grand parents to the third applicant whose mother (Olga Biliak) had schizophrenia, HIV and drug addiction, was convicted of robbery and detained, and died in detention in February 2004. The applicants claimed that Olga Biliak had been prosecuted because she hadn’t cooperated with police officers …Read more

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Malenko v. Ukraine

Country: Ukraine
Year: 2009
Court: The European Court of Human Rights
Citation: CASE OF MALENKO v. UKRAINE
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was a Ukrainian national who was serving his sentence in a prison due to his conviction on murder; his detention started in April 1999. Before his conviction, he had been recognized as invalid due to his spine disease. He lodged his claim before the European Court of Human Rights (the ECHR) alleging that …Read more

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Shelley v. United Kingdom

Country: United Kingdom
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 23800/06; [2008] ECHR 108; (2008) 46 EHRR SE16
Health Topics: Controlled substances, Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to life, Right to privacy
Facts:

The applicant was a United Kingdom national imprisoned at H.M. Prison Whitemoor who complained that the Government’s failure to provide needle exchange programs in prisons violated the rights of prisoners under Article 2 (respect for the right to life), Article 3 (prohibition of torture and inhuman or degrading treatment or punishment), Article 8 (respect for …Read more

Tags: Custody, Drug use, Harm reduction, Health care technology, Health regulation, Hepatitis, HIV, IDUs, Imprisonment, Incarceration, Informed choice, Inhuman treatment, Injecting drug users, Inmate, Jail, Most-at-risk, People who use drugs, Prison conditions, Transmission
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N. v. United Kingdom

Country: United Kingdom
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 26565/05; [2008] ECHR 453
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to privacy
Facts:

The applicant, a Ugandan national, was HIV positive and claimed that if the United Kingdom forced her to return to Uganda then she would not have sufficient access to medical treatment for her condition. She claimed that this result would violate her rights under Articles 3 (prohibiting torture and inhuman or degrading treatment or punishment) …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Cruel treatment, Degrading treatment, Essential medicines, HIV, HIV positive, Immigration, Inhuman treatment, Migrants, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Refugees

Aleksanyan v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 46468/06; [2009] ECHR 1226
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
Facts:

A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Blind, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Essential medicines, First-line treatment, HIV, HIV positive, HIV status, Incarceration, Inhuman treatment, Inmate, Jail, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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K.U. v. Finland

Country: Finland
Year: 2008
Court: European Court of Human Rights
Citation: K.U. v. Fin., App. No. 2872/02, 48 Eur. H.R. Rep. 52 (2009).
Health Topics: Child and adolescent health, Mental health, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to family life
Facts:

An unknown person placed an advertisement of a sexual nature on a dating website in the name of the applicant, who was 12 years old at the time, without his knowledge, mentioning private information such as his age, year of birth, physical characteristics and his telephone number, which was accurate except for one digit. In …Read more

Tags: Child development, Children, Minor, Molestation, Sexual abuse, Sexual harassment
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Dodov v. Bulgaria

Country: Bulgaria
Year: 2008
Court: European Court of Human Rights
Citation: Dodov v. Bulg., App. No. 59548/00, 47 Eur. H.R. Rep. 41 (2008).
Health Topics: Aging, Health care and health services, Health systems and financing, Medical malpractice, Mental health
Human Rights: Right to due process/fair trial, Right to life
Facts:

Applicant, Mr. Dodov is a Bulgarian national. His mother, Mrs. Stoyanova, suffered from Alzheimer’s disease and disappeared from a state-owned nursing home and was never found. Efforts by applicant to bring criminal and civil proceedings against the hospital staff for negligence in causing the disappearance of his mother did not yield results. Relying on Article …Read more

Tags: Aged persons, Compensation, Damages, Duty of care, Elderly, Inadequate treatment, Inappropriate treatment, Mental disability, Mental disorder, Mental illness, Mental institution, Negligence, Neurological diseases, Nursing home, Older persons, Remedies, Senior citizens, Standard of care, Tort
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Mechenkov v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: App. No. 35421/05, Eur. Ct. H.R. 122 (2008).
Health Topics: Health care and health services, Health information, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, a Russian national serving a prison sentence and suffering from tuberculosis and chronic hepatitis C, alleged the state violated his Article 3 rights under the European Convention on Human Rights (ECHR) because he was denied the necessary medical treatment. He also alleged that he was  held with inmates suffering from active tuberculosis and hepatitis …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Health records, Hepatitis, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Medical records, Prison conditions, TB, Tuberculosis
Download Judgment: English

Shtukaturov v. Russia

Country: Russia
Year: 2008
Court: European Court of Human Rights
Citation: App. No. 44009/05, Eur. Ct. H.R. (2008).
Health Topics: Informed consent, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The applicant, Mr. Shtukaturov, was born in 1982 and first began showing signs of mental illness in 2002. In August 2002, he was held for approximately 8 months in a psychiatric hospital, receiving a diagnosis of simple schizophrenia. On August 3, 2004, Shtukaturov’s mother petitioned the Vasileostrovskiy District Court of St. Petersburg, claiming that her …Read more

Tags: Compulsory commitment, Compulsory confinement, Compulsory examination, Compulsory treatment, Cruel treatment, Depression, Forced examination, Incapacity, Inhuman treatment, Involuntary commitment, Involuntary confinement, Involuntary examination, Involuntary treatment, Mandatory commitment, Mandatory confinement, Mandatory examination, Mandatory treatment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Non-consensual testing and treatment, Patient choice, Psychiatry, Schizophrenia, Unauthorized treatment
Download Judgment: English

Case of Saadi v. Italy

Country: Italy
Year: 2008
Court: European Court of Human Rights
Citation: Application no. 37201/06
Health Topics: Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person, Right to life
Facts:

The applicant was a Tunisian national who was arrested on 9 October 2002 on suspicion of involvement in international terrorism. He was charged with (1) conspiracy to commit acts of violence in States other than Italy with the aim of spreading terror, (2) falsification of “a large number of documents such as passports, driving licences …Read more

Tags: Armed conflict, Asylum, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Immigrants, Immigration, Inhuman treatment, Migrants, Refugee, Terrorism, Threat of violence, Torture
Download Judgment: English

I v. Finland

Country: Finland
Year: 2008
Court: European Court of Human Rights
Citation: Application No. 20511/03
Health Topics: Health information
Human Rights: Right to privacy
Facts:

The applicant was a nurse from 1989 to 1994 at the same public hospital where she sought treatment after being diagnosed as HIV-positive in 1987. All hospital staff had access to the patient register, which contained information on patients’ diagnoses. In 1992, the applicant became suspicious that her colleagues became aware of her diagnosis through …Read more

Tags: Confidentiality, Disclosure, Electronic health information, Electronic health records, Health data, Health records, Medical records
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CASE OF TADEVOSYAN v. ARMENIA

Country: Armenia
Year: 2008
Court: The European Court of Human Rights (Third Section),
Citation: Application no. 41698/04
Facts:

The applicant, Mr. Myasnik Tadevosyan, was a regional leader of the opposition party. He was arrested twice in 2004 and sentenced to ten-day detention each time for disobeying official orders and for using foul language with an officer. The applicant alleged that the arrest had been orchestrated to prevent him from participating in political demonstrations …Read more

Tags: Freedom from Torture and Cruel, Health care and health services, Inhuman or Degrading Treatment, prisons, Right to Due Process/Fair Trial, Right to Liberty and Security of Person, sanitation and hygiene, Water
Download Judgment: English

Grishin v. Russia

Country: Russia
Year: 2008
Court: The European Court of Human Rights
Citation: CASE OF GRISHIN v. RUSSIA
Health Topics: Chronic and noncommunicable diseases, Disabilities, Health care and health services, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was a Russian national who had been suspected of instigating a murder and arrested. He was released on bail a year after his arrest. After his release, the media reported that he was a criminal. Three months later, the applicant was convicted of the charge and sentenced to 8 years of imprisonment and …Read more

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LIND v. RUSSIA

Country: Russia
Year: 2008
Court: The European Court of Human Rights
Citation: CASE OF LIND v. RUSSIA
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to liberty and security of person
Facts:

The applicant was a Russian and a Dutch National who was arrested on the suspicion of committing serious offense at the order of the district Court. He had appealed on the order of detention and the order was upheld on appeal on the ground that it was lawful and justified. The applicant was then charged …Read more

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RENOLDE v. FRANCE

Country: France
Year: 2008
Court: The European Court of Human Rights
Citation: CHAMBER JUDGMENT RENOLDE v. FRANCE
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The applicant was a French national and a sister to a detainee, who also was a French national and committed suicide on 20 July 2000 in his cell in Bois-d’Arcy Prison where he was placed in pre-trial detention. In April 2000, the applicant’s brother was placed under investigation and detained pending trial for the armed …Read more

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