Takiveikata v. State
Country: FijiYear: 2008
Court: High Court
Citation: 2008] FJHC 315
Health Topics: Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to family life, Right to liberty and security of person
An application to the High Court for a stay of proceedings was made on behalf of ten defendants, facing a charge of conspiracy to murder. The prosecution alleged that the defendants had agreed to murder the Prime Minister, Minister of Finance and the Attorney General. The case for the prosecution relied on the testimony of …Read more
Wellington R, (on the Application of) v. Secretary of State for the Home Department
Country: United KingdomYear: 2008
Court: House of Lords
Citation: [2008] UKHL 72; [2009] UKHRR 450; 25 BHRC 663; [2009] 2 WLR 48; [2009] HRLR 11; [2009] 1 AC 335; [2009] 2 All ER 436
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
W faced two charges of murder in Missouri, United States of America (USA). He was arrested in the United Kingdom (UK) and the USA requested his extradition. In Missouri, the mandatory sentence was death or life without parole, except by the discretion of the Governor. The prosecutor vowed not to seek the death penalty. W …Read more
Ciorap v. Moldova
Country: MoldovaYear: 2007
Court: The European Court of Human Rights
Citation: [2007] ECHR 502
Health Topics: Diet and nutrition, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The applicant, Mr. Tudor Ciorap, was incarcerated in a remand centre in Moldova after being arrested on fraud charges. Mr. Ciorap alleged that the conditions of the prison were inhuman as a result of overcrowding (e.g. 1 m2 per person), poor sanitary conditions (e.g. the presence of parasitic insects), and low quantity and quality of …Read more
Kafantayeni v. Attorney General
Country: MalawiYear: 2007
Court: High Court
Citation: Constitutional Case No. 12 of 2005, [2007] MWHC 1
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
On 11 August 2002, K was convicted of killing his two year old stepson by tying him up and burying him alive. K admitted that he had committed the act but claimed to have been acting in a state of temporary insanity induced by smoking Indian hemp. He was found guilty of murder, which carries …Read more
Panetti v. Quarterman
Country: United StatesYear: 2007
Court: Supreme Court
Citation: 127 S.Ct. 2842 (2007)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The Appellant, Panetti, was convicted of capital murder in a Texas state court and sentenced to death. After the execution date was set, Panetti brought proceedings claiming that he was incompetent to be executed. The federal district court stayed Panetti’s execution in order to allow the state courts to adjudicate Panetti’s claim of mental incompetence. …Read more
Bowe (Junior) & Anor v. R.
Country: BahamasYear: 2006
Court: Judicial Committee of the Privy Council
Citation: [2006] UKPC 10
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
B was convicted of murder and sentenced to death pursuant to s 3121 of the Penal Code which required the death penalty for any defendant convicted of murder. D was convicted of murder and also sentenced to death. Both B and D petitioned the Privy Council seeking leave to challenge the constitutionality of the mandatory requirement that …Read more
Miguel Castro-Castro Prison v. Peru
Country: PeruYear: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R., Judgment, Inter-Am. Ct. H.R. (ser. C) No. 160 (Nov. 25, 2006).
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Health information, Hospitals, Infectious diseases, Medicines, Mental health, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
Human Rights: 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 life, Right to privacy
During the conflict between armed groups and government forces that lasted from the 1980s until 2000, the government of Alberto Fujimori issued a law decree on April 6, 1992, ordering “the reorganization of the National Penitentiary Institute (INPE) and put[ting] the National Police of Peru in charge of the control of security at the penitentiaries.” …Read more
R (on the application of Al Rawi and Ors.) v. Secretary of State for Foreign and Commonwealh Affairs
Country: United KingdomYear: 2006
Court: Supreme Court of Judicature, Queen's Bench Division, Divisional Court
Citation: [2006] EWHC 972 (Admin)
Health Topics: Diet and nutrition, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
The claimants were three men detained in Guantanamo Bay prison and their families. None of the claimants were British nationals, but each had been a long-term resident of the United Kingdom and two had family members who were UK citizens. Two of the claimants were refugees who has received asylum in the UK. Whilst in …Read more
Rosaria Mashita Katakwe v. Hakasenke, et al.
Country: ZambiaYear: 2006
Court: High Court for Zambia
Citation: 2006/HP/0327
Health Topics: Child and adolescent health, Health care and health services, HIV/AIDS, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
Rosaria Mashita Katakwe, a 13-year-old girl, was raped by her teacher Edward Hakasenke. She developed a sexually transmitted infection as a result of the rape and tested for HIV/AIDS. The Headmaster of the school had been warned before with respect to a prior relationship of the teacher with another girl in the school. The defendant …Read more
Zimbabwe Human Rights NGO Forum v. Zimbabwe
Country: ZimbabweYear: 2006
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 245/02 (2006).
Health Topics: Mental health, 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 life
The Zimbabwe Human Rights NGO Forum, a coalition of twelve human rights organizations, alleged that the Government of Zimbabwe and supporters of the ruling ZANU (PF) political party engaged in a systematic campaign of intimidation leading up to a Constitutional Referendum held in February of 2000, as well as in the months following its fifth …Read more