Tracy Lee Housel v. United States
Country: United StatesYear: 2004
Court: Inter-American Commission on Human Rights
Citation: Report No. 16/04, Petition 129/02, February 27, 2004; OEA/Ser.L/V/II.122, Doc. 5 rev. 1 at 504, 23 February 2005
Health Topics: Health care and health services, Mental health, 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, Right to life
This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners were Barristers with Tooks Court, London, a Solicitor with Lovells, London, and representatives of the Federal Defender Program, Atlanta, Georgia. Tracy Lee Housel …Read more
Aliev v. Ukraine
Country: UkraineYear: 2003
Court: The European Court of Human Rights
Citation: Application No. 41220/98
Health Topics: Diet and nutrition, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to family life
The applicant was arrested and detained in Krasnodar, Russia and was transferred to a detention facility. The applicant was convicted of conspiring and carrying out organized crime, aiding and abetting and attempting murder. He was sentence to death by the Criminal Division of the Supreme Court. On the same day he was moved to cells …Read more
Case 1716-2003-R
Country: BoliviaYear: 2003
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Health care and health services, HIV/AIDS, Infectious diseases, Mental health, Prisons, Violence
Human Rights: Right to health, Right to life
After being violently captured during an attempted escape from prison, Carlos Orlando and Rubén Suárez Saavedra, the sons of the plaintiff, were in need of medical treatment. Carlos Orlando was suffering from appendicitis, an inflamed gallbladder, and a broken rib while Rubén had AIDS and was experiencing pulmonary tuberculosis, immunodeficiency, symptoms of depression, and a …Read more
Khokhlich v. Ukraine
Country: UkraineYear: 2003
Court: European Court of Human Rights
Citation: Application No. 41707/98
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to privacy
Applicant Mykola Khokhlich, a death row inmate at Khmelnitskuy Prison, alleged that conditions at the prison amounted to inhuman and degrading treatment. The applicant had been convicted of murder in February of 1996 and sentenced to execution; his sentence was later commuted to be life imprisonment. The applicant was diagnosed with tuberculosis in September 1997, …Read more
McGlinchey and Ors. v. United Kingdom
Country: United KingdomYear: 2003
Court: European Court of Human Rights
Citation: McGlinchey v. U.K., App. No. 50390/99, 37 EHRR 41 (2003).
Health Topics: Controlled substances, Health care and health services, Health systems and financing, Medicines, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to life
Applicants, family members of an individual addicted to heroin who died in prison, alleged that the State violated Articles 3 (freedom from torture or to inhuman or degrading treatment or punishment) and 13 (right to effective remedy) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) because the prisoner, Ms. …Read more
Mouisel v. France
Country: FranceYear: 2003
Court: European Court of Human Rights
Citation: App. No. 67263/01, 38 Eur. H.R. Rep. 34 (2004).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Applicant, a prisoner serving a 15-year sentence, alleged that France violated his Article 3 rights against inhuman treatment when his appeals for pardon on the grounds of suffering form a worsening state of leukemia were denied. Medical reports showed that Mouisel had leukemia and that the disease continued to worsen. However, Mouisel’s application to the …Read more
Sanjeewa, Attorney-at-Law (on behalf of Gerald Mervin Perera) v. Suraweera, Officer-in-Charge, Police Station and Others
Country: Sri LankaYear: 2003
Court: Supreme Court
Citation: S.C. No. 328/2002 (FR)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health
The Petitioner was arrested by the police on the mistaken identity as one “Gerrad” who was suspected of having committed a murder. The first Respondent was the Officer-in-charge of the police station while the others were subordinate officers and the 8th Respondent was the Inspector-General of Police. The Petitioner had been taken to the Wattala …Read more
Smith v. Carpenter
Country: United StatesYear: 2003
Court: 2nd Circuit Court of Appeal
Citation: 316 F.3d 178 (2003)
Health Topics: Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Plaintiff filed suit alleging that Defendants deprived him of HIV medication on two occasions during his incarceration at the Camp Pharsalia Correctional Facility. The first deprivation occurred in October 1998 and lasted seven days, resulting from a delay in refilling Plaintiff’s prescriptions. The second occurred in January 1999, when Plaintiff’s medication was confiscated during a …Read more
Stanfield v. The Minister of Correctional Services et al.
Country: South AfricaYear: 2003
Court: High Court - Cape of Good Hope Provincial Division
Citation: [2003] ZAWCHC 46
Health Topics: Chronic and noncommunicable diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
While serving a six-year sentence in prison, Stanfield was diagnosed with lung cancer. Prior to this diagnosis he had already suffered from advanced coronary disease. The lung cancer required treatment with chemotherapy for three consecutive days every twenty-one days over a period of at least six months. In light of his medical condition, Stanfield sought …Read more
Y.F. v. Turkey
Country: TurkeyYear: 2003
Court: European Court of Human Rights
Citation: Application No. 24209/94; (2003) 39 EHRR 715; [2003] ECHR 391
Health Topics: Informed consent, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to privacy
YF was a Turkish national. On 15 October 1993, he was taken into custody on suspicion of aiding and abetting the Kurdish Workers Party (PKK), an illegal terrorist organization. Two days later, his wife, NF, was also taken into custody. NF was held in custody for four days, during which time she was allegedly kept …Read more