218 judgments found.

Mwamba v. Zambia

Country: Zambia
Year: 2010
Court: African Commission on Human and Peoples’ Rights
Citation: (2010) AHRLR 32 (HRC 2010)
Health Topics: Mental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Mr. Mwamba was a Zambian national on death row awaiting review of his appeal by the Supreme Court of Zambia. Mr. Mwamba was previously a high ranking police officer before he was arrested and detained on suspicion of murder, attempted murder, and aggravated robbery. During his initial detention in 1999, Mr. Mwamba was allegedly subjected to …Read more

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

Omeredo v. Austria

Country: Austria
Year: 2010
Court: The European Court of Human Rights
Citation: App. No. 8969/11
Health Topics: Poverty, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to bodily integrity, Right to due process/fair trial, Right to health
Facts:

Ms Omeredo fled Nigeria in May 2003 to escape her village’s custom of female genital mutilation (FGM) and applied for asylum in Austria. The Federal Asylum Office and the Asylum Court rejected her application on the same grounds, namely that the applicant was expected to make use of the state’s protection by fleeing within Nigeria …Read more

Tags: Cruel treatment, Degrading treatment, Female genital mutilation, Indigent, Inhuman treatment, Low income, Poor, Torture, Underprivileged, Violence against women, Women’s Health
Download Judgment: English

R.M. v Attorney General, et al.

Country: Kenya
Year: 2010
Court: Nairobi High Court
Citation: [2010] eKLR; Petition 705 of 2007
Health Topics: Poverty, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

RM was born a hermaphrodite/intersexual and was raised as male. His birth was not registered at the time, which caused RM difficulties later in life as he was not in consequence recognised by the State for employment, marriage or other legal reasons. RM was later convicted of an offence of robbery with violence and sentenced …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Execution, Gender identity, Health care professionals, Health care workers, Humiliating treatment, Imprisonment, Inhuman treatment, Intersex, LGBTI, Low income, Molestation, Poor, Sexual harassment, Solitary confinement, Torture
Download Judgment: English

Wachira Weheire v. Attorney General

Country: Kenya
Year: 2010
Court: High Court at Nairobi
Citation: Civil Case 1184 of 2003; 2010 AHRLR 185 (KeHC 2010)
Health Topics: Diet and nutrition, Mental health, Prisons, Water, sanitation and hygiene
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:

The plaintiff, Weheire, brought a suit against the Attorney-General alleging degrading and inhuman treatment during his arrest and detainment in 1986, a violation of his rights under the Constitution of Kenya (“Constitution”),. In December 1986, Weheire was arrested without a warrant.  After his arrest, Weheire claimed that his house was unlawfully searched. Weheire further alleged …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Dehydration, Detainee, Detention, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Isolation, Jail, Law enforcement, Police, Prison conditions, Starvation, Torture
Download Judgment: English

Attorney General v. Susan Kigula, et al.

Country: Uganda
Year: 2009
Court: Supreme Court at Mengo
Citation: [2009] UGSC 6; Constitutional Appeal No. 03 of 2006
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

K and 417 others were all persons convicted of diverse capital offences under the Penal Codes Act and had been sentenced to death as provided for by the laws of Uganda. They filed a petition in the Constitutional Court under Article 137(3)[1] of the Constitution, challenging the constitutionality of the death penalty. In particular, they …Read more

Tags: Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Incarceration, Inhuman treatment, Inmate, Jail, Torture
Download Judgment: English

Belashev v. Russia

Country: Russia
Year: 2009
Court: European Court of Human Rights
Citation: Belashev v. Russia
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

A Russian national filed a claim against the Russian government for violating his rights under Article 3 (inhuman and degrading treatment) of the European Convention on Human Rights (ECHR) when he was subjected to poor conditions during his imprisonment. The applicant was arrested, convicted on criminal charges and sentenced to over 10.5 years of detention. …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Examination, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions
Download Judgment: English

Brânduse v. Romania

Country: Romania
Year: 2009
Court: European Court of Human Rights
Citation: Application no. 6586/03
Health Topics: Environmental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to privacy, Right to water and sanitation
Facts:

B, a Romanian national, was sentenced to ten years in prison for fraud by the Court of Appeal of Timisoara. In January 2003 B lodged an application with the European Court of Human Rights based on the conditions of his detention in the prisons of Arad and Timisoara. B alleged that Romania violated Article 3 (prohibition of torture) of the European …Read more

Tags: Air pollution, Cleanliness, Custody, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Pollution, Prison conditions, Sewage, Trash, Waste, Waste management
Download Judgment: French

Case 2008-48-01

Country: Latvia
Year: 2009
Court: Constitutional Court
Citation: Case No. 2008-48-01, Latvia (2008)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The plaintiff argued that the Sentence Execution Code of Latvia, Sec. 74 (2)(the “impugned regulation”) which prohibited convicted persons in solitary confinement from having walks violated his constitutional right to health.  In April 2009, the parliament had amended the impuged regulation, allowing for daily  one-hour walks, but such amendment was not set to come into …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Seclusion, Solitary confinement, Torture
Download Judgment: English Latvian

Case of Kapryowski v. Poland

Country: Canada
Year: 2009
Court: The European Court of Human Rights
Citation: [2009] ECHR 23052/05
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Since 1996 the applicant had suffered from a number of health issues including epilepsy and dementia. The applicant was also a recidivist offender and was regularly in and out of prison, serving his sentences in various detention establishments across Poland. The focus of the applicant’s complaint was on his treatment during his imprisonment at Poznań …Read more

Tags: Access to health care, Access to treatment, Custody, Degrading treatment, Detainee, Detention, Emergency care, Humiliating treatment, Imprisonment, Inhuman treatment, Inmate, Jail, Prison conditions
Download Judgment: English

Enea v. Italy

Country: Italy
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 74912/01
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The plaintiff, Salvatore Enea, was sentenced to 30 years in prison for crimes related to mafia-type criminal organization, drug trafficking, and illegal possession of firearms. The Minister of Justice ordered the plaintiff be subject to a special prison regime for one year due to the danger he presented to society. The regime included restricting family …Read more

Tags: Access to health care, Custody, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Torture
Download Judgment: English