Simms v. Jamaica
Country: JamaicaYear: 1995
Court: United Nations Human Rights Committee
Citation: Communication No. 541/1993
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Simms (S) was awaiting execution following his conviction for murder in 1988 which was based on identification evidence. S complained about weaknesses in the identification evidence, the failure of the judge to direct the jury properly about that evidence, the inadequacy of the representation provided by his legal aid lawyer, the absence of an opportunity …Read more
Doe v. Wigginton
Country: United StatesYear: 1994
Court: 6th Circuit Court of Appeal
Citation: 21 F.3d 733 (1994)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Right of access to information, Right to due process/fair trial, Right to liberty and security of person, Right to privacy
The Appellant, Doe, a prisoner incarcerated in Kentucky, brought this challenge alleging his constitutional rights under the Eighth and Fourteenth Amendments were violated by Policy 13.5 (the Policy), a Kentucky rule which restricted the eligibility of inmates for “at-request” HIV testing. In January 1989, at an initial medical screening following his incarceration, Doe requested that …Read more
El-Megreisi v. Libyan Arab Jamahiriya
Country: LibyaYear: 1994
Court: United Nations Human Rights Committee
Citation: Communication No. 440/1990
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
El-Megreisi (E) alleged that his family home was searched at dawn by the security police and that his brother, having been asked to leave with them to assist in an unspecified security matter, never returned. He also alleged that after over three years had elapsed, his brother’s wife was allowed to visit him in a …Read more
M’Boissona (on behalf of Bozize) v. Central African Republic
Country: Central African RepublicYear: 1994
Court: United Nations Human Rights Committee
Citation: Communication 428/1990, UN Doc. CCPR/C/50/D/428/1990
Health Topics: Diet and nutrition, Health care and health services, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to food, Right to health, Right to liberty and security of person
In a communication submitted to the United Nations Humans Right Committee (“UNHRC”), Yvonne M’Boissona asserted that her brother, François Bozize, led a coup d’état in the Central African Republic in 1982. After fleeing the country, he was arrested in July 1989 in Benin, repatriated to the Central African Republic by force, and imprisoned at a …Read more
Mika Miha v. Equatorial Guinea
Country: Equatorial GuineaYear: 1994
Court: United Nations Human Rights Committee
Citation: Communication No. 414/1990
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Mika Miha (M), having twice previously left Equatorial Guinea for asylum abroad, had returned in 1988 to support the activities of an opposition party to which he belonged. Shortly afterwards, he was arrested by members of the security forces. The only explanation given was that his detention had been ordered by the president. For the …Read more
Women Prisoners of the District of Columbia Department of Corrections, et al. v. District of Columbia
Country: United StatesYear: 1994
Court: United States District Court, District of Columbia
Citation: 877 F.Supp. 634 (D.D.C. 1994)
Health Topics: Health care and health services, Infectious diseases, Prisons, Sexual and reproductive health, Tobacco, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
Women inmates in the District of Columbia (D.C.) correctional system alleged that they were being mistreated in a variety of ways, including sexual harassment, failure to provide or inadequate levels of obstetrical and gynecological care, unequal educational and work-related programming as compared to similarly situated male inmates, uneven recreational and religious time, and general inhumane …Read more
Kanana Tshiongo a Minanga v. Zaire
Country: Congo, DRCYear: 1993
Court: United Nations Human Rights Committee
Citation: Communication No. 366/1989
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Kanana Tshiongo A Minanga (K), a founder of a political party opposed to the governing regime of President Mobutu, complained that he was taken by members of the Zairian defense forces to the headquarters of the political police supposedly to meet the director and then held overnight without any reason being given. While there, he …Read more
Pottinger v. City of Miami
Country: United StatesYear: 1992
Court: United States District Court for the Southern District of Florida
Citation: 810 F. Supp. 1551 (S.D. Fla. 1992)
Health Topics: Poverty
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to liberty and security of person, Right to property
The plaintiffs brought a class action lawsuit on behalf of themselves and about 6,000 other homeless persons against the City of Miami, Florida. They claimed that by arresting and seizing the property of the plaintiffs, the City’s police officers violated the plaintiffs’ rights under the United States and Florida Constitutions. The plaintiffs claimed that it …Read more
Harris v. Thigpen
Country: United StatesYear: 1991
Court: 11th Circuit Court of Appeal
Citation: 941 F.2d 1495 (1991)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Right to privacy
The Appellants brought this challenge to the constitutionality of an Alabama statute which authorized the Alabama Department of Correction’s (DOC) policy of mandatory testing of all present and future Alabama state prisoners for HIV antibodies, as well as the forced segregation of HIV-positive inmates. Two classes were involved in the action: the Appellant class, which …Read more
Soering v. United Kingdom
Country: United KingdomYear: 1989
Court: European Court of Human Rights
Citation: 161 Eur. Ct. H.R. (ser. A) (1989)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Jens Soering was a German national who came to the United States to study at the University of Virginia. While there, he became friends with Elizabeth Haysom, a Canadian national. Haysom’s parents did not approve of Soering and Haysom’s relationship. In March 1985 the couple made plans to kill Haysom’s parents. They rented a car …Read more