Eneh v. Holder
Country: United StatesYear: 2010
Court: United States Court of Appeals for the Ninth Circuit
Citation: 601 F.3d 943 (9th Cir. 2010)
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health systems and financing, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The Petitioner, Lawrence Amaechi Eneh, was a native and citizen of Nigeria. He had contracted HIV while working in a nursing home in the United States. He was living with HIV-related illness, Capsis Sarcoma and Valley Fever, a disease of the lungs, at the time of the proceedings. The Petitioner was convicted for the sale …Read more
McCallum v. South Africa
Country: South AfricaYear: 2010
Court: United Nations Human Rights Committee
Citation: Communication No. 1818/2008; U.N. Doc. CCPR/C/100/D/1818/2008
Health Topics: Health care and health services, HIV/AIDS, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
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
Mwamba v. Zambia
Country: ZambiaYear: 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
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
R.M. v Attorney General, et al.
Country: KenyaYear: 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
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
Wachira Weheire v. Attorney General
Country: KenyaYear: 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
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
Wilkins v. Gaddy
Country: United StatesYear: 2010
Court: United States Supreme Court
Citation: 559 U.S. 34 (2010)
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Jamey Wilkins (hereinafter “the Plaintiff”) filed an excessive force suit against Gaddy (hereinafter “the Defendant”) under 42 U.S.C. § 1983 in violation of the Eighth Amendment of the United States Constitution. The Plaintiff was a state prisoner in North Carolina when he had asked a correctional officer, the Defendant, for a grievance form, and the …Read more
Masangano v. Attorney General
Country: MalawiYear: 2009
Court: High Court at Lilongwe
Citation: 2009 AHRLR 353 (MHC 2009)
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Gable Masango, a prisoner serving a twelve-year prison term in Malawi, brought suit against Malawian government officials claiming the conditions of his and his fellow prisoners’ imprisonment violated the Republic of Malawi Constitution and the Prison Regulations of the Prisons Act (“Prison Regulations”). The prisoner alleged that the prison provided insufficient resources, including insufficient diet …Read more
Tolipkhuzhaev v. Uzbekistan
Country: UzbekistanYear: 2009
Court: United Nations Human Rights Committee
Citation: Comm. No. 1280/2004, U.N. Doc. CCPR/C/96/D/1280/2004 (HRC 2009)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
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
Institute for Human Rights and Development in Africa v. Angola
Country: AngolaYear: 2008
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 292/04 (2008).
Health Topics: Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from discrimination, 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 property, Right to work
The Institute for Human Rights and Development in Africa (IHRDA) filed a complaint on behalf of Mr. Esmaila Connateh and 13 other Gambians deported from Angola during March through May of 2004. IHRDA’s complaint alleged that Angola arbitrarily arrested and detained the individuals, along with tens of thousands of foreigners who had legally lived and …Read more
Marcela Alejandra Porco v. Bolivia
Country: BoliviaYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 8/08, Case 11.426
Health Topics: Controlled substances, Health care and health services, Mental health, Prisons, Sexual and reproductive health
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The petitioner sued the Bolivian State (“the State”) for numerous violations regarding her treatment in prison. The present case is deciding whether this petition is admissible before the Inter-American Commission on Human Rights (“the Commission”). There is disagreement between the parties as to the facts. Marcela Alejandra Porco, an Argentine citizen, was detained in the …Read more