159 judgments found.

Chimwemwe Mphembedzu v. The Republic

Country: Malawi
Year: 2011
Court: High Court
Citation: Bail Case No. 70 of 2011
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial
Facts:

This case considered whether a prisoner in ill health should be released from prison. The applicant was serving time in prison for murder. He argued that he should be released on bail given his ill health and that the delay in bringing his case to trial was unreasonable. He had been imprisoned since October 2007 …Read more

Tags: Access to health care, Access to treatment, Detainee, Detention, Diagnostics, Imprisonment, Incarceration, Inmate, Jail
Download Judgment: English

Egyptian Initiative for Personal Rights, et al. v. Egypt

Country: Egypt
Year: 2011
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 334/06
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 life
Facts:

Three individuals (‘the victims’) were arrested, detained, interrogated, tried and sentenced to death by the Egyptian authorities for their alleged involvement in the 2004 and 2005 bomb attacks on tourist resorts in the Sinai Peninsula. The victims argued that in the course of these proceedings Egypt violated their rights to be free from torture and …Read more

Tags: Abuse, Access to health care, Access to treatment, Cruel treatment, Degrading treatment, Detainee, Detention, Examination, Execution, Inhuman treatment, Terrorism, Torture
Download Judgment: English

Elefteriadis v. Romania

Country: Romania
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 38427/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, Mr. Elefteriadis, alleged that he was exposed to second-hand smoke in crowded cells during several periods of detention, as well as in transport vehicles during frequent transfers between prison and court and in designated rooms for prisoners awaiting hearings. The applicant claimed such situations contravened Article 3 (freedom from inhuman and degrading treatment) of …Read more

Tags: Access to health care, Access to treatment, Cancer, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Lung disease, Noncommunicable diseases, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: French

Hadzic and Suljic v. Bosnia and Herzegovina

Country: Bosnia-Herzegovina
Year: 2011
Court: European Court of Human Rights
Citation: Application Nos. 39446/06 and 33849/08
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Mr. Hadzic and Mr. Suljic were detained in the Psychiatric Annex of Zenica Prison. Each claimed that their detention was unlawful under Article 5, section 1 of the European Convention on Human Rights (“Convention”), which protects the right to liberty and security of person They argued that the Annex was not an appropriate institution for …Read more

Tags: Compulsory confinement, Custody, Detainee, Detention, Imprisonment, Incarceration, Inmate, Involuntary confinement, Jail, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Mental institution, Prison conditions, Seclusion
Download Judgment: English

Inga Abramova v. Belarus

Country: Belarus
Year: 2011
Court: Committee for the Elimination of All Forms of Discrimination against Women
Citation: Communication No. 23/2009; CEDAW/C/4 9/D/23/20 09
Health Topics: Prisons, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
Facts:

IA was a journalist and activist for the ‘For Freedom’ movement. On 10 October 2007 IA was hanging blue ribbons in Brest, Belarus in order to draw public attention to the ‘European March’ campaign. IA was arrested by a police officer and taken to the Interior Department of Lenin District of Brest City. IA was …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Inhuman treatment, Prison conditions, Violence against women
Download Judgment: English

Kharchenko v. Ukraine

Country: Ukraine
Year: 2011
Court: European Court of Human Rights
Citation: Application no. 40107/02
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 due process/fair trial, Right to health, Right to liberty and security of person
Facts:

K was named as a witness in a case brought against a company involving embezzlement. During the investigation, the prosecutor brought criminal charges against K for his suspected involvement in the embezzlement, and on 7 April 2001, K was detained by the authorities pursuant to the prosecutor’s order. The detention, based on a request of …Read more

Tags: Access to health care, Cruel and unusual punishment, Custody, Detainee, Detention, Heart disease, Jail, Prison conditions
Download Judgment: English Russian

Khatayev v. Russia

Country: Russia
Year: 2011
Court: European Court of Human Rights
Citation: App. No 56994/09, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, Infectious diseases, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant, a Russian citizen who was diagnosed with pulmonary tuberculosis and tuberculosis papillitis of the kidneys, was transferred to a special “medical colony” to serve a prison sentence of two years and six months for an aggravated robbery conviction. Upon his arrival, the facility provided a new complex prophylactic examination by a tuberculosis specialist …Read more

Tags: Abuse, Access to health care, Access to treatment, Assault, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diagnostics, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Solitary confinement, TB, Tuberculosis
Download Judgment: English

M.S.S. v. Belgium and Greece

Country: Greece
Year: 2011
Court: European Court of Human Rights
Citation: M.S.S. v. Belg. & Greece, App. No. 30696/09, Eur. Ct. H.R. (2011).
Health Topics: Health care and health services, 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:

The applicant is an Afghan male who in early 2008 fled war-stricken Kabul, where he claimed to have feared for his life as a result of his service as a translator for international air force troops based in that city. The applicant first entered Greece, where Greek authorities entered his fingerprints into the common European …Read more

Tags: Assault, Asylum, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inmate, Prison conditions, Refugees
Download Judgment: English French

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