156 judgments found.

Victor Rosario Congo v. Ecuador

Country: Ecuador
Year: 1999
Court: Inter-American Commission on Human Rights
Citation: Report 63/99, Case No. 11.427; OEA/Ser.L/V/II.106 Doc. 6 rev., April 13, 1999
Health Topics: Diet and nutrition, Health care and health services, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to food, Right to health, Right to life, Right to water and sanitation
Facts:

Victor Rosario Congo, an Ecuadorian, was placed in a detention center pending investigations into criminal charges. There were indications that he suffered from a mental disorder. In September 12, 1990, Mr. Congo was placed in an isolation cell at which time a guard assaulted him in the Rehabilitation Center, inflicting a wound to his head. …Read more

Tags: Access to treatment, Cruel treatment, Custody, Degrading treatment, Dehydration, Detainee, Detention, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Isolation, Jail, Mental disability, Mental disorder, Mental illness, Seclusion, Starvation, Torture
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Aerts v. Belgium

Country: Belgium
Year: 1998
Court: European Court of Human Rights
Citation: Application No. 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; 5 BHRC 382; [1998] HRCD 749; (2000) 53 BMLR 79
Health Topics: Controlled substances, Health care and health services, Mental health, 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:

Michael Aerts, complained his continued detention in the psychiatric wing of a prison pending his transfer to the Social Protection Centre breached the right to liberty and security of person in article 5(1) of the European Convention on Human Rights (ECHR), the right to fair hearing under article 6(1) of the ECHR, and the prohibition …Read more

Tags: Access to health care, Access to treatment, Alcohol, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drug use, Emergency care, Heroin, Imprisonment, Incarceration, Inhuman treatment, Inmate, Mental disability, Mental disorder, Mental illness, Mental institution, People who use drugs, Torture
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Finn v. Jamaica

Country: Jamaica
Year: 1998
Court: United Nations Human Rights Committee
Citation: Communication No. 617/1995
Health Topics: 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:

Finn (F) was arrested in 1987 and alleged that he was beaten on his way to the police lock up. He also alleged that threats were then made against his life and that he was given no medical treatment. F claimed that complaints about this ill treatment were not responded to. He was charged, together …Read more

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

Hamido Hassan v. The Commandant BMM Bamenda

Country: Cameroon
Year: 1998
Court: High Court
Citation: (1998) 2 CHRLD 29100000.
Health Topics: Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

The petitioner, who was in deteriorating health, was detained by the authorities for a period of over two months. His attorney-at-law filed a writ of habeas corpus on his behalf seeking his production before the court and immediate release with an explanation for his detention. The hearing was adjourned twice due to the failure of …Read more

Tags: Detainee, Detention
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International Pen and Others. on Behalf of Saro Wiwa v. Nigeria

Country: Nigeria
Year: 1998
Court: African Commission on Human and Peoples' Rights
Citation: AHRLR 212 (ACHPR 1998); Communications 137/94, 139/94, 154/96 and 161/97
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Right of access to information, Right to acquire nationality, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to life
Facts:

S, a writer and president of an Ogoni people’s movement, and L (the movement’s vice-president) were arrested in May 1994 after the murder of four Ogoni leaders following a riot which had occurred during a meeting organized by the movement. It was alleged that S was severely beaten during the first days of his detention …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Torture
Download Judgment: English

Pennsylvania v. Yeskey

Country: United States
Year: 1998
Court: Supreme Court
Citation: 524 U.S. 206 (1998)
Health Topics: Chronic and noncommunicable diseases, Disabilities, Prisons
Human Rights: Freedom from discrimination
Facts:

The Respondent, Yeskey, brought this claim against Pennsylvania’s Department of Corrections alleging that his exclusion from a prison Motivational Boot Camp because of his medical history of hypertension violated the Americans with Disabilities Act of 1990 (ADA). ADA Title II prohibited a “public entity” from discriminating, excluding or denying benefits to a “qualified individual with …Read more

Tags: Detainee, Detention, Handicapped, Heart disease, Imprisonment, Incarceration, Inmate, Jail, Physically challenged
Download Judgment: English

Johnson v. United Kingdom

Country: United Kingdom
Year: 1997
Court: European Court of Human Rights
Citation: App. No. 22520/93, 27 Eur. H.R. Rep. 296 (1999).
Health Topics: Health care and health services, Mental health, Prisons, Public safety
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

Applicant was a British national suffering from mental illness whilst on prison remand in 1984. He had served sentences for various physical assault convictions. The court imposed a hospital order on the applicant and subjected him to a heightened restriction order for the protection of the public from serious harm under the 1983 Mental Health …Read more

Tags: Compulsory commitment, Compulsory confinement, Custody, Detainee, Detention, Involuntary commitment, Involuntary confinement, Mandatory confinement, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Psychology, Schizophrenia
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Loayza-Tamayo v. Peru

Country: Peru
Year: 1997
Court: Inter-American Court of Human Rights
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Loayza Tamayo (L) had allegedly been confined in a tiny prison cell for twenty-three and a half hours a day for one year. The Inter-American Commission on Human Rights had requested provisional measures whereby Peru would be requested to end her solitary confinement and incommunicado detention and to return her to the pavilion of the prison …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Depression, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Jail, Prison conditions, Seclusion, Solitary confinement, Torture
Download Judgment: English

Aksoy v. Turkey

Country: Turkey
Year: 1996
Court: European Court of Human Rights
Citation: Judgment of the ECtHR, 18 December 1996
Health Topics: Disasters and emergencies, Health care and health services, Medical malpractice, Prisons, Violence
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 life
Facts:

Aksoy (A) claimed that in November 1992 he was taken into custody by twenty policemen after M (another detainee with them) had allegedly identified him as a member of the PKK which was engaged in a conflict with security forces for Kurdish autonomy. This conflict had resulted in nearly 8,000 deaths and there was a …Read more

Tags: Abuse, Access to health care, Access to treatment, Armed conflict, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Health care professionals, Health care workers, Humiliating treatment, Incarceration, Inhuman treatment, Inmate, Law enforcement, Prison conditions, Torture
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Chinamora v Angwa Furnishers (PVT) Ltd, et al. (Attorney-General intervening)

Country: Zimbabwe
Year: 1996
Court: Supreme Court
Citation: 1997 (2) BCLR 189 (ZS), [1997] 1 LRC 149, (1996) 2 CHRLD 100
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

The first respondent had obtained a default judgment against the applicant and a warrant of execution against his property in respect of a debt but was unable to satisfy the judgment debt because the applicant had by that time divested himself of all property. The first respondent then took out a summons calling upon the …Read more

Tags: Cruel and unusual punishment, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions
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