Staykov v. Bulgaria
Country: BulgariaYear: 2006
Court: The European Court of Human Rights
Citation: Application No. 49438/99
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
The applicant was arrested. He was charged with murder of an 81 year old. He was detained. All his applications for release were denied before and after his conviction. He stated that the case against him was weak, there was no risk of flight and his health was deteriorating. He was finally released on bail. …Read more
Bekos and Koutropoulos v. Greece
Country: GreeceYear: 2005
Court: European Court of Human Rights
Citation: Application no. 15250/02
Health Topics: Prisons, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
On 8 May 1998, the applicants, who were Greek nationals of Roma origin, were arrested by three police officers for the attempted burglary of a kiosk. The applicants claimed that they were physically abused while being interrogated in custody and could hear each other screaming; they also claimed that they were threatened with sexual assault …Read more
Kachingwe v. Minister of Home Affairs N.O.
Country: ZimbabweYear: 2005
Court: Supreme Court
Citation: Report No. SC 145/04
Health Topics: Diet and nutrition, Health care and health services, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
This was a civil appeal regarding the conditions in Zimbabwe’s police holding cells. The first and second Applicants, Kachingwe and Chibebe, were arrested by the police, with Zimbabwe Lawyers for Human Rights serving as the third Applicant. The first Applicant was detained in a police cell overnight. The second Applicant was detained for two days. …Read more
Ndong Bee, et al. v. Equatorial Guinea
Country: Equatorial GuineaYear: 2005
Court: UN Human Rights Committee
Citation: Communications Nos. 1152/2003 and 1190/2003
Health Topics: Diet and nutrition, Health care and health services, Prisons
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 Human Rights Committee (the “Committee”) joined two communications which referred to the same facts. The first communication concerned Patricio Ndong Bee who was a prisoner in Black Beach Prison on behalf of himself and four other inmates who were being held incommunicado. The second communication was filed by the wife of yet another prisoner …Read more
Asif Ali Zardari v. Pakistan
Country: PakistanYear: 2004
Court: High Court
Citation: 2005 M L D 314
Health Topics: Health care and health services, Prisons
Human Rights: Right to life
The applicant was being held in jail (and had been in jail for a 7 years and 10 months), pending murder cases against him. On the basis of a medical report from the Medical Board, the applicant requested an immediate admission and move to Dr. Ziauddin Hospital, Karachi for treatment and bed rest and to …Read more
Behrooz v. Secretary of the Department of Immigration and Multicultural and Indigenous Affairs
Country: AustraliaYear: 2004
Court: High Court
Citation: [2004] HCA 36; 219 CLR 486; 208 ALR 271; 78 ALJR 1056
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
Mr. Behrooz (“the Appellant”) arrived in Australia without a visa and was taken into immigration detention at the Woomera Immigration Reception and Processing Centre (“Woomera”) in accordance with the Migration Act 1958 (“the Act”). The Appellant later escaped Woomera before being taken back into custody and charged with an offence under s. 197A of the …Read more
Gelfmann v. France
Country: FranceYear: 2004
Court: European Court of Human Rights
Citation: App. No. 25875/03, Eur. Ct. H.R. 679 (2008).
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant, a prisoner, alleged violation of Article 3 of the European Convention on Human Rights when his application for pardon on medical grounds was refused. Applicant contracted HIV nine years prior to being sentenced to 20 years of imprisonment. Because applicant refused to undergo a medical exam or release access to his medical records, …Read more
Juvenile Reeducation Institute v. Paraguay
Country: ParaguayYear: 2004
Court: Inter-American Court of Human Rights
Citation: Preliminary Objections, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 112 (Sept. 2, 2004).
Health Topics: Child and adolescent health, Controlled substances, Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Nine inmates died from a fire at juvenile detention center “Colonel Panchito López” Juvenile Reeducation Institute (Center), one inmate died from a bullet wound sustained at the Center, and 37 inmates sustained injuries and smoke inhalation from three fires at the Center. The Center was under the authority of the Ministry of Justice and Labor …Read more
Odafe and Others v. Attorney-General and Others
Country: NigeriaYear: 2004
Court: High Court, Port Harcourt Division
Citation: Suit No. FHC/PH/CS/680/2003; (2004) AHRLR 205 (NgHC 2004)
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Prisons
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
The Applicants were detainees living with HIV. They had been awaiting trial for up to four years. The Applicants claimed that their continuous detention and segregation from the general prison population was a violation of their rights to dignity of the human person and freedom from discrimination in sections 34(1)(a) and 42(1) of the Constitution. …Read more
Samuel Kaunda and Others v. President of the Republic of South Africa, et al.
Country: South AfricaYear: 2004
Court: Constitutional Court
Citation: [2004] ZACC 5
Health Topics: Prisons
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 applicants in this case were 69 South African citizens held in Zimbabwe on a variety of charges, including the possession of and attempt to smuggle dangerous weapons. The applicants initially brought a claim before the High Court seeking to require that the South African Government: (1) take steps to have them extradited to South Africa so that …Read more