146 judgments found.

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

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

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

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
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B and Others v. Minister of Correctional Services and Others

Country: South Africa
Year: 1997
Court: High Court - Cape of Good Hope Provincial Division
Citation: 1997 (4) SA 441 (C); 1997 (6) BCLR 789 (C)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The Applicants were four prisoners living with HIV. They sought an order declaring that prisoners living with HIV who had reached the symptomatic stage of the disease and whose CD4 counts was less than 500 per milliliter of blood were entitled to receive appropriate antiretroviral treatment at the Government’s expense. They noted that Section 35(2)(e) …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Budget, Custody, Detention, Essential medicines, First-line treatment, Health expenditures, Health funding, Health spending, HIV, HIV positive, Imprisonment, Incarceration, Inmate, Jail, People living with HIV/AIDS, Pharmaceuticals, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
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