156 judgments found.

Simon Maregwa Githiru v. Republic

Country: Kenya
Year: 2011
Court: High Court - Embu
Health Topics: Infectious diseases, Prisons
Facts:

The Applicant suffered from pulmonary tuberculosis. He defaulted on his treatment and was charged with wilfully exposing and spreading infectious disease to the community in violation of the Public Health Act. When the facts and the charges of his case were read to the Applicant, he simply stated ‘It is true’ and ‘Facts as charged’. …Read more

Tags: Custody, Detainee, Detention, Imprisonment, Jail, TB, Tuberculosis
Download Judgment: English

Turdukan Zhumbaeva v. Kyrgyzstan

Country: Kyrgyzstan
Year: 2011
Court: United Nations Human Rights Committee
Citation: Communication No. 1756/2008
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

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

Tags: Abuse, Assault, Cruel and unusual punishment, Cruel treatment, Custody, Detainee, Detention, Inhuman treatment, Jail, Law enforcement, Police, Suicide, Torture
Download Judgment: English

A.B. v. Russia

Country: Russia
Year: 2010
Court: The European Court of Human Rights
Citation: Application No. 1439/06
Health Topics: Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was detained and sent to remand prison in May 2004, for attempted swindling; the court felt the applicant could be a repeat offender since he had no permanent residence or income. He was to be held in remand prison until his trial. The applicant had pre-existing chronic Hepatitis C and was diagnosed HIV-positive …Read more

Tags: Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hepatitis PLHIV, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, People living with HIV/AIDS, Prison conditions, Torture
Download Judgment: English

Carl Peter Erdliner v. Government of Rwanda

Country: Rwanda
Year: 2010
Court: High Court at Kigali
Citation: Case N° RPA 0646/10/HC/KIG
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Mental health, Prisons
Human Rights: Freedom of expression, Right to due process/fair trial, Right to health
Facts:

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

Tags: Access to treatment, Custody, Depression, Detainee, Detention, Heart disease, Incapacity, Jail, Mental disorder, Mental illness, Noncommunicable diseases
Download Judgment: English

Case 2009-69-03

Country: Latvia
Year: 2010
Court: Constitutional Court (Latvijas Republikas Satversmes tiesa)
Citation: Case No. 2009-69-03
Health Topics: Diet and nutrition, Prisons
Human Rights: Right to health
Facts:

The claimants, two prisoners, alleged a violation of their constitutional rights under Article 111 of the Constitution of the Republic of Latvia (the “Constitution”) based on the failure of the Government to provide adequate diet and nutrition to protect their right to health. In 2006, the Cabinet of Ministers of the Republic of Latvia (the …Read more

Tags: Custody, Detainee, Detention, Diet, Food, Imprisonment, Incarceration, Inmate, Jail, Malnutrition, Prison conditions
Download Judgment: English Latvian

Case STS 21-6-2010

Country: Spain
Year: 2010
Court: Supreme Court
Health Topics: Controlled substances, Prisons, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of religion
Facts:

The applicants, Mr. Eulalio and Mrs. Ariadna worked as nurses at the Prison of Albacete. The prison had, allegedly, implemented the so-called Syringe Exchange Program (“Program”), a public health program developed by the Penitentiary Health General Sub-Directorate. The experimental Program was launched with the objective of preventing the transmission of diseases between inmates by, among …Read more

Tags: Abortion, Addiction, Conscientious objection, Custody, Drug abuse, Drug use, Harm reduction, Health care professionals, Health care workers, IDUs, Imprisonment, Incarceration, Injecting drug users, Inmate, Jail, People who use drugs, Rehabilitation, Substance abuse, Termination of pregnancy
Download Judgment: English

Daniel Nge’tich v. Attorney General of Kenya

Country: Kenya
Year: 2010
Court: High Court of Kenya at Eldoret
Citation: Petition No. 3 of 2010
Health Topics: Hospitals, Infectious diseases, Prisons
Human Rights: Freedom of movement and residence, Right to liberty and security of person
Facts:

The Petitioners suffered from tuberculosis. Pursuant to the Public Health Act, the Nandi Central District Tuberculosis Defaulter Tracing Coordinator ordered their detention in prison for eight months. The Petitioners claimed their detention violated their rights to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair, and to freedom of movement under articles 47(1) …Read more

Tags: Custody, Detainee, Detention, Health facilities, Jail, TB, Tuberculosis
Download Judgment: English

Eneh v. Holder

Country: United States
Year: 2010
Court: United States Court of Appeals for the Ninth Circuit
Citation: 601 F.3d 943 (9th Cir. 2010)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health systems and financing, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Petitioner, Lawrence Amaechi Eneh, was a native and citizen of Nigeria. He had contracted HIV while working in a nursing home in the United States. He was living with HIV-related illness, Capsis Sarcoma and Valley Fever, a disease of the lungs, at the time of the proceedings. The Petitioner was convicted for the sale …Read more

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Asylum, Budget, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Health expenditures, Health funding, HIV, HIV positive, Immigration, Imprisonment, Incarceration, Inhuman treatment, Lung disease, Marijuana, Migrants, Noncommunicable diseases, People living with HIV/AIDS, PLHIV, Prison conditions, Torture
Download Judgment: English

Gladkiy v. Russia

Country: Russia
Year: 2010
Court: European Court of Human Rights
Citation: Gladkiy v. Russia, App. No. 3242/03, Eur. Ct. H.R. (2010).
Health Topics: Health care and health services, Health systems and financing, Infectious diseases, Medicines, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

The applicant, a Russian citizen convicted of a criminal offense, was sent to a prison facility, where, upon arrival, he underwent a fluorography test that showed no symptoms a tuberculosis (TB) infection. Six months later, a follow-up fluorography examination revealed the existence of TB in the applicant’s left lung. Authorities transferred the applicant to the …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Cleanliness, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Lung disease, Prison conditions, Pulmonary disease, Respiratory diseases, TB, Tuberculosis
Download Judgment: English

Hajol v. Poland

Country: Poland
Year: 2010
Court: European Court of Human Rights
Citation: Hajol v. Poland, Application No. 1127/06, Eur. Ct. H.R. (2010).
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 liberty and security of person
Facts:

The applicant, Pawel Hajol, had been suffering from several illnesses including diabetes, arterial hypertension, and cirrhosis of the liver when he was arrested in 2004 for attempting to influence a trial during the exercise of his function as a prosecutor. The District Court of Krakow placed the applicant in provisional detention while authorities gathered evidence. …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Diabetes, Imprisonment, Incarceration, Inmate, Liver disease, Noncommunicable diseases
Download Judgment: French Polish