199 judgments found.

Wachira Weheire v. Attorney General

Country: Kenya
Year: 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
Facts:

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

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Dehydration, Detainee, Detention, Humiliating treatment, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Isolation, Jail, Law enforcement, Police, Prison conditions, Starvation, Torture
Download Judgment: English

Wilkins v. Gaddy

Country: United States
Year: 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
Facts:

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

Tags: Abuse, Cruel and unusual punishment, Cruel treatment
Download Judgment: English

Attorney General v. Susan Kigula, et al.

Country: Uganda
Year: 2009
Court: Supreme Court at Mengo
Citation: [2009] UGSC 6; Constitutional Appeal No. 03 of 2006
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Facts:

K and 417 others were all persons convicted of diverse capital offences under the Penal Codes Act and had been sentenced to death as provided for by the laws of Uganda. They filed a petition in the Constitutional Court under Article 137(3)[1] of the Constitution, challenging the constitutionality of the death penalty. In particular, they …Read more

Tags: Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Incarceration, Inhuman treatment, Inmate, Jail, Torture
Download Judgment: English

Belashev v. Russia

Country: Russia
Year: 2009
Court: European Court of Human Rights
Citation: Belashev v. Russia
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

A Russian national filed a claim against the Russian government for violating his rights under Article 3 (inhuman and degrading treatment) of the European Convention on Human Rights (ECHR) when he was subjected to poor conditions during his imprisonment. The applicant was arrested, convicted on criminal charges and sentenced to over 10.5 years of detention. …Read more

Tags: Access to health care, Access to treatment, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Examination, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions
Download Judgment: English

Case 2008-48-01

Country: Latvia
Year: 2009
Court: Constitutional Court
Citation: Case No. 2008-48-01, Latvia (2008)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The plaintiff argued that the Sentence Execution Code of Latvia, Sec. 74 (2)(the “impugned regulation”) which prohibited convicted persons in solitary confinement from having walks violated his constitutional right to health.  In April 2009, the parliament had amended the impuged regulation, allowing for daily  one-hour walks, but such amendment was not set to come into …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Prison conditions, Seclusion, Solitary confinement, Torture
Download Judgment: English Latvian

Eugen Gabriel Radu v. Romania

Country: Romania
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 3036/04
Health Topics: Disabilities, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The plaintiff, Eugen Gabriel Radu, a Romanian national, applied to the European Court of Human Rights claiming that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, which prohibits torture and inhumane or degrading treatment. The plaintiff was sentenced in 2001 and again in 2006 for aggravated …Read more

Tags: Clean water, Cleanliness, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Disabled, Handicapped, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Physically challenged, Prison conditions, Waste management
Download Judgment: French

Jorge Odir Miranda Cortez v. El Salvador

Country: El Salvador
Year: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 27/09, Case 12.249, March 20, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to life, Right to privacy, Right to work
Facts:

This report addresses allegations that El Salvador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including protection of the right to health and the right life. Petitioner, Jorge Odir Miranda Cortez, filed a petition on behalf of himself and 26 other people living with HIV against the State of …Read more

Tags: Access to drugs, Access to health care, Access to medicines, Access to treatment, AIDS, Antiretrovirals, ARVs, Cruel treatment, Degrading treatment, Diagnostics, Examination, First-line treatment, HIV, HIV positive, HIV status, Inhuman treatment, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Second-line treatment, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture, Transmission
Download Judgment: English Spanish

Karimov and Others v. Russia

Country: Russia
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 29851/05; (2012) 54 EHRR 28
Health Topics: 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, Right to life, Right to privacy
Facts:

The applicants were Russian nationals who resided in the district of Grozny in Chechnya, which was under curfew and the control of Russian federal forces. The applicants are the relatives of Arbi Karimov, the victim in this case. In the early morning of January 11th 2003, a group of armed and masked men broke into …Read more

Tags: Assault, Cruel treatment, Degrading treatment, Execution, Forced disappearance, Humiliating treatment, Inhuman treatment, Military
Download Judgment: English Russian

Marian Stoicescu v. Romania

Country: Romania
Year: 2009
Court: European Court of Human Rights
Citation: Application No. 12934/02
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The plaintiff, Marian Stoicescu, a Romanian national, applied to the European Court of Human Rights in 2002 alleging that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, prohibiting torture and inhumane or degrading treatment. In 2000, the plaintiff was sentenced to 8 years in prison for …Read more

Tags: Clean water, Cleanliness, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Drinking water Potable water, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Safe drinking water, Waste management
Download Judgment: French

Masangano v. Attorney General

Country: Malawi
Year: 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
Facts:

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

Tags: Abuse, Access to drugs, Access to health care, Access to medicines, Access to treatment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Diet, Food, Food shortages, Hunger, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Malnutrition, Prison conditions, TB, Torture, Tuberculosis
Download Judgment: English