66 judgments found.

R.M. v Attorney General, et al.

Country: Kenya
Year: 2010
Court: Nairobi High Court
Citation: [2010] eKLR; Petition 705 of 2007
Health Topics: Poverty, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

RM was born a hermaphrodite/intersexual and was raised as male. His birth was not registered at the time, which caused RM difficulties later in life as he was not in consequence recognised by the State for employment, marriage or other legal reasons. RM was later convicted of an offence of robbery with violence and sentenced …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Gender identity, Health care professionals, Health care workers, Humiliating treatment, Imprisonment, Inhuman treatment, Intersex, LGBTI, Low income, Molestation, Poor, Sexual harassment, Solitary confinement, Torture
Download Judgment: English

Wachira Weheire v. Attorney General

Country: Kenya
Year: 2010
Court: High Court at Nairobi
Citation: Civil Case 1184 of 2003; 2010 AHRLR 185 (KeHC 2010)
Health Topics: Diet and nutrition, Mental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Facts:

The plaintiff, Weheire, brought a suit against the Attorney-General alleging degrading and inhuman treatment during his arrest and detainment in 1986, a violation of his rights under the Constitution of Kenya (“Constitution”),. In December 1986, Weheire was arrested without a warrant.  After his arrest, Weheire claimed that his house was unlawfully searched. Weheire further alleged …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Dehydration, Detainee, Detention, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Isolation, Jail, Law enforcement, Police, Prison conditions, Starvation, Torture
Download Judgment: English

Wilkins v. Gaddy

Country: United States
Year: 2010
Court: United States Supreme Court
Citation: 559 U.S. 34 (2010)
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Jamey Wilkins (hereinafter “the Plaintiff”) filed an excessive force suit against Gaddy (hereinafter “the Defendant”) under 42 U.S.C. § 1983 in violation of the Eighth Amendment of the United States Constitution.  The Plaintiff was a state prisoner in North Carolina when he had asked a correctional officer, the Defendant, for a grievance form, and the …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment
Download Judgment: English

Masangano v. Attorney General

Country: Malawi
Year: 2009
Court: High Court at Lilongwe
Citation: 2009 AHRLR 353 (MHC 2009)
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Gable Masango, a prisoner serving a twelve-year prison term in Malawi, brought suit against Malawian government officials claiming the conditions of his and his fellow prisoners’ imprisonment violated the Republic of Malawi Constitution and the Prison Regulations of the Prisons Act (“Prison Regulations”). The prisoner alleged that the prison provided insufficient resources, including insufficient diet …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Food, Food shortages, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Malnutrition, Prison conditions, TB, Torture, Tuberculosis
Download Judgment: English

Tolipkhuzhaev v. Uzbekistan

Country: Uzbekistan
Year: 2009
Court: United Nations Human Rights Committee
Citation: Comm. No. 1280/2004, U.N. Doc. CCPR/C/96/D/1280/2004 (HRC 2009)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

The case is about the failure of the State, which was party to International Covenant on Civil and Political Rights (“ICCPR”) and its Optional Protocol, to ensure the individuals’ rights to a fair trial (Article 14), the right to life (Article6), the rights of detainees (Article 10), and freedom from torture and other ill-treatment (Article …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Law enforcement, Police, Torture
Download Judgment: English

Institute for Human Rights and Development in Africa v. Angola

Country: Angola
Year: 2008
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 292/04 (2008).
Health Topics: Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from discrimination, 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 property, Right to work
Facts:

The Institute for Human Rights and Development in Africa (IHRDA) filed a complaint on behalf of Mr. Esmaila Connateh and 13 other Gambians deported from Angola during March through May of 2004. IHRDA’s complaint alleged that Angola arbitrarily arrested and detained the individuals, along with tens of thousands of foreigners who had legally lived and …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Immigration, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Migrants, Prison conditions, Torture
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Marcela Alejandra Porco v. Bolivia

Country: Bolivia
Year: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 8/08, Case 11.426
Health Topics: Controlled substances, Health care and health services, Mental health, Prisons, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
Facts:

The petitioner sued the Bolivian State (“the State”) for numerous violations regarding her treatment in prison. The present case is deciding whether this petition is admissible before the Inter-American Commission on Human Rights (“the Commission”). There is disagreement between the parties as to the facts. Marcela Alejandra Porco, an Argentine citizen, was detained in the …Read more

Tags: Abuse, Access to health care, Access to treatment, Cocaine, Counseling, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Examination, Imprisonment, Isolation, Jail, Mental illness, Mental institution, Prison conditions, Psychosis, Schizophrenia, Solitary confinement
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Takiveikata v. State

Country: Fiji
Year: 2008
Court: High Court
Citation: 2008] FJHC 315
Health Topics: Hospitals, Prisons, 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
Facts:

An application to the High Court for a stay of proceedings was made on behalf of ten defendants, facing a charge of conspiracy to murder. The prosecution alleged that the defendants had agreed to murder the Prime Minister, Minister of Finance and the Attorney General. The case for the prosecution relied on the testimony of …Read more

Tags: Abuse, Armed conflict, Assault, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Law enforcement, Military
Download Judgment: English

Ciorap v. Moldova

Country: Moldova
Year: 2007
Court: The European Court of Human Rights
Citation: [2007] ECHR 502
Health Topics: Diet and nutrition, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The applicant, Mr. Tudor Ciorap, was incarcerated in a remand centre in Moldova after being arrested on fraud charges. Mr. Ciorap alleged that the conditions of the prison were inhuman as a result of overcrowding (e.g. 1 m2 per person), poor sanitary conditions (e.g. the presence of parasitic insects), and low quantity and quality of …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Food, Humiliating treatment, Hunger, Hunger strike, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Starvation, Torture
Download Judgment: English

Hummatov v. Azerbaijan

Country:
Year: 2007
Court: The European Court of Human Rights
Citation: Application No. 9852/03 and 13413/04
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medicines, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

The applicant, a politician was arrested and detained in a detention centre. He was accused of treason and use of armed forces against the State. The applicant absconded and went into hiding but was caught and arrested. The applicant alleged that he was ill-treated and not allowed to see a doctor during the period of …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, Assault, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Execution, Food, Health facilities, Health funding, Imprisonment, Inhuman treatment, Inmate, Jail, Lung disease, Noncommunicable diseases, Prison conditions, Respiratory disease, Torture, Tuberculosis
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