A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The International Covenant on Civil and Political Rights (ICCPR) is a treaty by which its parties commit to preserving certain human and political rights. The First Optional Protocol of the Covenant allows for individuals to bring complaints, referred to as communications, against state parties to the Protocol that have allegedly violated articles of the ICCPR. …Read more

Nikolai Valetov, a Russian national, was arrested and charged in June 2001 with murder by Kyrgyzstan authorities while living in Kyrgyzstan. In addition to maintaining that he was framed for this crime by the police, Valetov further claimed that he was tortured by the police so severely while in pre-trial detention that he was permanently …Read more

The claimants, who were serving life imprisonment sentences, claimed that the state of Australia had violated articles 7, 10, 15 and 24 of the International Covenant on Civil and Political Rights (“Covenant”), particularly the right to freedom from torture and cruel, inhuman, and/or degrading treatment. The claimants were jointly tried for the murder, abduction, and …Read more

The authors, 37 Sri Lankan citizens held in Australian immigration detention facilities, alleged that the actions of the Australian government regarding their detention violated Articles 7, 9, 10, 17, 23, and 24 of the International Covenant on Civil and Political Rights (the “Covenant”).   At the time of the submission, all of the authors were …Read more

The authors, nine persons held in Australian immigration detention facilities, alleged violations of various articles (named below) of the International Covenant on Civil and Political Rights (the “Covenant”). The authors had different backgrounds. Two were Myanmarese citizens, six were Sri Lankan citizens, and one was a Kuwaiti citizen. They all entered Australian territorial waters on …Read more

On 9 August 1995, B, a Libyan citizen, was arrested by the Libyan Internal Security Agency and held in secret detention at Abu Slim prison. In September 2000, B’s relatives were informed that B was alive and allowed to visit him in prison. During those visits, B told his relatives he had been regularly tortured …Read more

On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more

Four out of the five claimants in this case arrived in Libya between February 1998 and February 1999 to work as members of a Bulgarian medical team at Al-Fatah pediatrics hospital; the other claimant had arrived in Libya in 1991 and had been working at a different hospital. On 9 February 1999, the authors together …Read more

FACTS All the authors save one who had arrived in 1999, all arrived in Libya between February 1998 and 1999 to work as members of a Bulgarian medical team at al-Fatah paediatric hospital in Benghazi. The authors were arrested by Libyan police & charged with murder on suspicion of having infected 393 children with HIV …Read more

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

Bradley McCallum, a detainee at a maximum correctional facility in South Africa, claimed to be a victim of violations of articles 7 and 10 of the International on Civil and Political Rights (“Covenant”). In particular, McCallum alleged that he was physically abused, raped, and subject to other ill treatment by South African prison authorities during …Read more

The case is about the failure of the State, which was party to International Covenant on Civil and Political Rights (“ICCPR”) and its Optional Protocol, to ensure the individuals’ rights to a fair trial (Article 14), the right to life (Article6), the rights of detainees (Article 10), and freedom from torture and other ill-treatment (Article …Read more

The author, an elderly Canadian national in poor health, alleged that citizenship revocation proceedings against him violated his rights under articles 6, 7, 9, 14, and 17 of the International Covenant on Civil and Political Rights (the “Covenant”). The author was a Polish national who came to Canada in 1946 under a government order where …Read more

The author of the communication was the wife of the alleged victim, a Cameroon citizen. The author alleged that a group of police officers broke into her house without a warrant, claiming to be looking for a gun,  and began beating her husband (as well as battering the author, who was in an advanced state …Read more

The applicant was an underage Aboriginal Australian who alleged violation of Articles 7 (freedom from torture or to cruel, inhuman or degrading treatment and punishment), 10 (guaranteed dignity of detained persons) and 24 (child’s right to freedom from discrimination) of the International Covenant on Civil and Political Rights (ICCPR) when he was placed under incarceration …Read more

A 17-year-old Peruvian minor was denied a legal therapeutic abortion when tests indicated that her fetus was anencephalic and a gynecologist and obstetrician advised her to terminate the pregnancy, informing her that continued pregnancy would cause risks to her life. The hospital director refused, alleging the abortion would be unlawful according to the Peruvian Criminal …Read more

Chisanga, a Zambian citizen, was convicted of aggravated robbery in 1995 and sentenced to death; he was also convicted of attempted murder but not sentenced for it. Chisanga claimed that he was innocent and that his trial was unfair because he was convicted solely on the basis of one witness’ testimony. Evidence from the medical …Read more

The petitioner, an Italian citizen detained by Australian authorities for breach of immigration law, alleged possible violations of family rights under the International Covenant on Civil and Political Rights (ICCPR) due to his continued detention which led to his mental health deterioration. Initially, when petitioner suffered a mental health deterioration while detained, he was released …Read more

The Bakhtiyaris, Afghani nationals, had illegally entered Australia and had been detained in a detention center. Two of the children were released into the hands of Adelaide caretakers where they remained. The Bakhtiyari family subsequently filed a complaint that their prolonged detention violated article 9 (1) (right to liberty and security of person) of the …Read more

The author challenges the refusal of his visa application as a violation of his right to equality before the law as provided for in article 26 (equal before law) of the International Convenant on Civil and Political Rights (the Covenant) in addition to article 2, paragraph 3, (right to remedy); article 14, paragraph 1 (right …Read more

Petitioner claimed a breach of Article 7 (freedom from torture, cruel, inhuman or degrading treatment and punishment) and Article 9, particularly Article 9(1) (right to liberty and security of person) and Article 9(4) (a person deprived of liberty’s right to fair trial) of the International Covenant on Civil and Political Rights (ICCPR) when he was …Read more

The applicant and her son were Ukrainian nationals of Russian origin. The applicant lodged a claim before the United Nations Human Rights Committee (the Committee) on behalf of her son who by then was detained in Ukraine as a result of his conviction on Rape by the district court. His appeals to the regional and …Read more

The claimant argued that his freedom of expression as guaranteed under Article 19, Paragraph 2 of the International Covenant on Civil and Political Rights (the Covenant) was violated by Belarus after he distributed leaflets leafleted for the anniversary of the proclamation of independence of the People’s Republic of Belarus. He claimed that the administrative Commission …Read more

The applicant had developed an obsession with a young woman he had met and had begun pursuing her persistently. He was convicted of assault after grabbing her by the wrists to make her stop and talk to him. He was subsequently examined by a psychiatrist and was diagnosed as having elements of a paranoid personality. …Read more

The applicant, “A” (name withheld in decision),  was born in December 1955. “A” had one prior criminal conviction for threatening to damage property of Television New Zealand and was sentenced in October 1982 to one year probation. He was arrested again in October 1983 for harassing a young woman (B, name withheld) whom he had …Read more

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

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

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

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

Julian (J), a former fighter pilot, and Drake (D), who had become a naturalized New Zealand citizen in 1964, had been incarcerated by Japan during the Second World War in conditions where torture and maltreatment took place regularly. It was claimed that, as a direct consequence of this, they still suffered residual disabilities and incapacities. …Read more