103 judgments found.

Eastman v. Chief Executive of the Department of Justice and Community Safety

Country: Australia
Year: 2011
Court: The Supreme Court of the Australian Capital Territory
Citation: [2011] ACTSC 33
Health Topics: Chronic and noncommunicable diseases, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to liberty and security of person
Facts:

The plaintiff in this case was convicted of murder and sentenced to life imprisonment. He was transferred to the Alexander Maconochie Centre (AMC) to serve his sentence. His concern with the centre was three fold. First he wanted an order preventing two officers at the AMC from dealing with him as their treatment (usage of …Read more

Tags: Asthma, Degrading treatment, Humiliating treatment, Imprisonment, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
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

Kinsella v. Governor of Mountjoy Prison

Country: Ireland
Year: 2011
Court: [2011] IEHC 235
Citation: [2011] IEHC 235
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Kinsella, a prisoner in an Irish prison who alleged that his constitutional rights were violated by being placed in unlawful and inhuman prison conditions. While awaiting sentencing for a theft charge, Mr. Kinsella was a remand prisoner at Cloverhill Prison, where he shared a cell with three other prisoners in humane conditions. But after his …Read more

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

A.B. v. Russia

Country: Russia
Year: 2010
Court: The European Court of Human Rights
Citation: Application No. 1439/06
Health Topics: Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The applicant was detained and sent to remand prison in May 2004, for attempted swindling; the court felt the applicant could be a repeat offender since he had no permanent residence or income. He was to be held in remand prison until his trial. The applicant had pre-existing chronic Hepatitis C and was diagnosed HIV-positive …Read more

Tags: Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hepatitis PLHIV, HIV, HIV positive, HIV status, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Liver disease, People living with HIV/AIDS, Prison conditions, Torture
Download Judgment: English

Case 2009-69-03

Country: Latvia
Year: 2010
Court: Constitutional Court (Latvijas Republikas Satversmes tiesa)
Citation: Case No. 2009-69-03
Health Topics: Diet and nutrition, Prisons
Human Rights: Right to health
Facts:

The claimants, two prisoners, alleged a violation of their constitutional rights under Article 111 of the Constitution of the Republic of Latvia (the “Constitution”) based on the failure of the Government to provide adequate diet and nutrition to protect their right to health. In 2006, the Cabinet of Ministers of the Republic of Latvia (the …Read more

Tags: Custody, Detainee, Detention, Diet, Food, Imprisonment, Incarceration, Inmate, Jail, Malnutrition, Prison conditions
Download Judgment: English Latvian