Salakhov and Islyamova v. Ukraine
Country: UkraineYear: 2013
Court: European Court of Human Rights
Citation: Application No. 28005/08
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals, Medical malpractice, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
The first applicant is Mr. Linar Irekovich Salakhov, who alleged that he had not received prompt and adequate medical care while in detention. Following his death, his mother Ms. Aliya Fazylovna Islyamova pursued the application on his behalf and joined her own complaints to the case. In 2005, Salakhov first tested positive for HIV, though …Read more
Benali v Libya
Country: LibyaYear: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1805/2008
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
On 9 August 1995, B, a Libyan citizen, was arrested by the Libyan Internal Security Agency and held in secret detention at Abu Slim prison. In September 2000, B’s relatives were informed that B was alive and allowed to visit him in prison. During those visits, B told his relatives he had been regularly tortured …Read more
Bures v The Czech Republic
Country: Czech RepublicYear: 2012
Court: The European Court of Human Rights
Citation: [2012] ECHR 1819
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Disabilities, Health care and health services, Hospitals, Informed consent, Medicines, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more
Centre for Addiction and Mental Health v. Ontario
Country: CanadaYear: 2012
Court: Ontario Court of Appeal
Citation: 2012 ONCA 342
Health Topics: Hospitals, Informed consent, Mental health, Prisons
Human Rights: Right to liberty and security of person
The Centre for Addition and Mental Health (CAMH) and the Mental Health Centre Penetanguichene (MHCP)appealed an order by the Mental Disorder Court to send a person accused of sexual assault to a hospital for psychiatric treatment. The judge knew that beds for treatment would not be available until six days later. The appeal was on …Read more
Dudley Lee v. Minister for Correctional Services
Country: South AfricaYear: 2012
Court: Constitutional Court
Citation: [2012] ZACC 30
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons
Human Rights: Right to bodily integrity, Right to liberty and security of person, Right to life
While incarcerated in congested prison with poor hygienic conditions, Dudley Lee was infected with tuberculosis (TB). The responsible prison authorities were aware of the risk of the inmates’ contracting TB, but did not have a comprehensive system in place to reduce the risk of infection. Rather, the prison authorities relied on a system of inmates …Read more
Epners-Gefners v. Latvia
Country: LatviaYear: 2012
Court: The European Court of Human Rights
Citation: Application no. 37862/02
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
The applicant was arrested as he was suspected of committing aggravated robbery and thereafter convicted and sentenced to 6 years of imprisonment. The Criminal Chamber of the Supreme Court upheld the decision of the first instance court. The Senate of the Supreme Court further dismissed the appeal of the applicant. The Jelgava Court ordered his …Read more
Eremiášová and Pechová v. The Czech Republic
Country: Czech RepublicYear: 2012
Court: European Court of Human Rights
Citation: Application No. 23944/04
Health Topics: Prisons
Human Rights: Right to life
V.P., the partner of the first applicant and son of the second applicant, was arrested for suspected burglary. At the Police Department he was charged with illegal entry into a house and theft. According to official reports, after V.P. signed the notice of charges, he asked to use the toilet. He was accompanied to the …Read more
Goginashvili v. Georgia
Country: GeorgiaYear: 2012
Court: European Court of Human Rights
Citation: Application No. 47729/08
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Goginashvili, a prisoner, sued the government of Georgia, alleging that the prison authority violated his right to health care due to its failure to protect his health and well-being in prison, contrary to its obligation under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”). Article 3 prohibits …Read more
Gunan v. Kyrgyzstan
Country: KyrgyzstanYear: 2012
Court: United Nations Human Rights Committee
Citation: Communication No. 1545/2007; CCPR/C/102/D/1545/2007
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
On 21 May 1998 an unidentified person left a bag containing an improvised explosive device (‘IED’) in a minibus in Osh, Kyrgyzstan. Unaware of its contents, the driver of the minibus gave the bag to someone to hold in case the owner came back to claim it. On 1 June 1998, the IED in the …Read more
Jeladze v. Georgia
Country: GeorgiaYear: 2012
Court: European Court of Human Rights
Citation: Application No. 1871/08
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Mr. Genadi Jeladze, an imprisoned Georgian national, discovered that he had contracted a chronic form of viral Hepatitis C (“HCV”) while in prison. A self-funded medical examination recommended antiviral treatment on an outpatient basis. In response, the prison offered drug treatment which did not include antiviral drugs. Over the next year, Jeladze’s lawyer requested a …Read more