156 judgments found.

Manneh v. The Gambia

Country: The Gambia
Year: 2008
Court: Court of Justice of the Economic Community of West Africa States
Citation: (2008) AHRLR 171 (ECOWAS 2008)
Health Topics: Health care and health services, Prisons
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:

Plaintiff alleged that his arrest and continued detention without trial by the National Intelligence Agency of The Gambia violated his rights under the following articles 6 (right to personal liberty), 4 (right to life), 5 (prohibition of torture and cruel, inhuman and degrading treatment), and 7 (right to fair trial) of the African Charter on …Read more

Tags: Access to health care, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Forced disappearance, Inhuman treatment, Jail, Law enforcement, Police, Prison conditions, Solitary confinement
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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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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

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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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

Wellington R, (on the Application of) v. Secretary of State for the Home Department

Country: United Kingdom
Year: 2008
Court: House of Lords
Citation: [2008] UKHL 72; [2009] UKHRR 450; 25 BHRC 663; [2009] 2 WLR 48; [2009] HRLR 11; [2009] 1 AC 335; [2009] 2 All ER 436
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

W faced two charges of murder in Missouri, United States of America (USA). He was arrested in the United Kingdom (UK) and the USA requested his extradition. In Missouri, the mandatory sentence was death or life without parole, except by the discretion of the Governor. The prosecutor vowed not to seek the death penalty. W …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Execution, Imprisonment, Incarceration, Inhuman treatment, Torture
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
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Grishin v. Russia

Country: Russia
Year: 2007
Court: European Court of Human Rights
Citation: App. No. 30983/02, Eur. Ct. H.R. 925 (2007).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant, a Russian national, filed several European Convention on Human Rights Article 3 violations (inhuman or degrading treatment) during his prison term. He claimed that his serious medical state (ischaemic heart disease, exertional angina, hypertension, myopia and chronic bronchitis) was not treated appropriately, that he was beaten by investigating officers and cellmates (alleging broken …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, Assault, Cleanliness, Custody, Degrading treatment, Detainee, Detention, Heart disease, Humiliating treatment, Imprisonment, Incarceration, Inmate, Lung disease, Noncommunicable diseases, Prison conditions, Pulmonary disease, Respiratory diseases
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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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Khudobin v. Russia

Country: Russia
Year: 2007
Court: European Court of Human Rights
Citation: Application No. 59696/00; (2006) ECHR 898
Health Topics: Chronic and noncommunicable diseases, Controlled substances, 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 due process/fair trial, Right to health, Right to liberty and security of person
Facts:

Mr. Khudobin, a Russian national, filed an application against the Russian Government for allegedly violating several articles of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). The applicant was arrested after he was caught supplying heroin to an undercover police agent. He was placed in custody during pre-trial investigations and …Read more

Tags: Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug enforcement, Examination, Hepatitis, Heroin, HIV, HIV positive, HIV status, Inhuman treatment, Insanity, Lung disease, Measles, Mental disorder, Mental illness, Morphine, Neurological diseases, Noncommunicable diseases, People living with HIV/AIDS, PLHIV, Pneumonia, Prison conditions, Psychiatry, Pulmonary diseases, Respiratory diseases
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