59 judgments found.

Higgs and David Mitchell v. The Minister of National Security and Others

Country: Bahamas
Year: 1999
Court: Judicial Committee of the Privy Council
Citation: [2000] 2 WLR 1368; [2000] 2 LRC 656; (1999) 8 BHRC 201; (1999) 5
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 first appellant was arrested for murder in July 1993. He was committed for trial in November 1993 but there was a technical defect in the committal as a result of which it was subsequently quashed. On 14 November 1994 he was committed again and on 2 October 1995 found guilty and sentenced to death. …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Imprisonment, Inhuman treatment, Prison conditions, Solitary confinement, Torture
Download Judgment: English

Villagrán-Morales, et al. (“Street Children”) v. Guatemala

Country: Guatemala
Year: 1999
Court: Inter-American Court of Human Rights
Citation: Merits, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999); Inter Joint Concurring Opinion of Judges A.A. Cancado Trinidade & A. Abreu-Burelli, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999).
Health Topics: Child and adolescent health, Poverty, 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:

Five youths, three of whom were minors, were “street children” abducted, tortured, and killed by State security agents.  The children lived in a sector of the city where violence and crime rate were high and where State officials commit illegal acts against “street children,” including “threats, arrests, cruel, inhuman and degrading treatment and homicides as …Read more

Tags: Assault, Children, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Forced disappearance, Health records, Indigent, Inhuman treatment, Law enforcement, Low income, Medical records, Minor, Police, Poor, Torture, Underprivileged
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Fisher v. The Minister of Public Safety and Immigration and Others (No. 2)

Country: Bahamas
Year: 1998
Court: Judicial Committee of the Privy Council
Citation: [1998] 3 LRC 451, [1999] 2 WLR 349, (1998) 6 BHRC 244, (1998) 2
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
Facts:

The appellant was convicted of murder and sentenced to death in 1994. In 1996, he lodged a petition with the Inter-American Commission on Human Rights (IACmHR). Although The Bahamas ratified the Charter of the Organisation of American States (OAS) in 1982, it has never ratified the American Convention on Human Rights. However, Article 51 of …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Torture
Download Judgment: English

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

Shaw v. Jamaica

Country: Jamaica
Year: 1998
Court: United Nations Human Rights Committee
Citation: Communication No 704/1996, Views of the UNHRC, 2 April 1998
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Shaw (S) was arrested for the murder of a family and allegedly acknowledged his involvement in the killings  in an interview preceding a caution statement. He claimed that he was not charged with murder until nineteen days later (although it appeared from the file that the delay was actually nine days) and that he was …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions
Download Judgment: English

Taylor (Desmond) v. Jamaica

Country: Jamaica
Year: 1998
Court: United Nations Human Rights Committee
Citation: Communication No 705/1996, Views of the UNHRC, 2 April 1998
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

Taylor (T), P (his brother) and S were charged with murdering four persons in May 1992 and were convicted and sentenced to death in July 1994. T claimed that the two years and three months spent in pre-trial detention was unreasonable, given that the primary evidence against him was a statement made by S. He …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Execution, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions
Download Judgment: English

The Prosecutor v. Zejnil Delalic and Zdravko Mucic, Hazim Delic and Esad Landzo

Country: Serbia
Year: 1998, 2001, 2003
Court: International Criminal Tribunal for the Former Yogslavia
Citation: Judgment of the Trial Chamber, 16 November 1998, Case No. IT-96-21-T; Judgment of the Appeals Chamber, 20 February 2001, Case No. IT-96-21-A; Judgment of the Trial Chamber, 9 October 2001, Case No. IT-96-21-Tbis-R117; Judgment of the Second Appeals Chamber, 8 April 2003, Case No. IT-96-21-Abis
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to property
Facts:

On 19 March 1996, an indictment was issued against the four accused ZD, ZM, HD and EL. The indictment related to the events that took place in 1992 in a prison camp near the town of Celebici in central Bosnia and Herzegovina. The accused were charged with grave breaches of the Geneva Conventions of 1949, …Read more

Tags: Abuse, Armed conflict, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Imprisonment, Inhuman treatment, Rape, Sexual violence, Torture, Violence against women
Download Judgment: English

Fisher v. The Minister of Public Safety and Immigration and Others

Country: Bahamas
Year: 1997
Court: Judicial Committee of the Privy Council
Citation: (1997) 4 BHRC 191, [1997] 4 LRC 344, [1998] AC 673
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The appellant was arrested and charged with murder and attempted murder arising out of two separate incidents. At the same time, he plead guilty to possession of a firearm and ammunition for which he was sentenced to a total of two years’ imprisonment. Two years later, he was convicted of attempted murder, armed robbery and …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Execution, Inhuman treatment, Inmate, Prison conditions, Torture
Download Judgment: English

Williams v. Jamaica

Country: Jamaica
Year: 1997
Court: United Nations Human Right Committee
Citation: Communication No 609/1995, U.N. Doc. CCPR/C/61/D/609/1995 (4 November 1997)
Health Topics: 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 health
Facts:

Williams (W) was convicted of murder and sentenced to death in December 1988. His appeal was dismissed in December 1990 and a senior lawyer advised him that an application to the judicial committee of the privy council for special leave to appeal would have no prospect of success. An appeal against the classification of his …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Imprisonment, Incarceration, Inmate, Insanity, Mental illness, Prison conditions, Schizophrenia
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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