Aerts v. Belgium
Country: BelgiumYear: 1998
Court: European Court of Human Rights
Citation: Application No. 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; 5 BHRC 382; [1998] HRCD 749; (2000) 53 BMLR 79
Health Topics: Controlled substances, 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 liberty and security of person
Michael Aerts, complained his continued detention in the psychiatric wing of a prison pending his transfer to the Social Protection Centre breached the right to liberty and security of person in article 5(1) of the European Convention on Human Rights (ECHR), the right to fair hearing under article 6(1) of the ECHR, and the prohibition …Read more
Aydin v. Turkey
Country: TurkeyYear: 1998
Court: European Court of Human Rights
Citation: App. No. 23178/94, 25 Eur. H.R. Rep. 251 (1998).
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more
Dalia v. France
Country: FranceYear: 1998
Court: European Court of Human Rights
Citation: Application No. 26102/95; (2001) 33 EHRR 26; [1998] ECHR 5
Health Topics: Child and adolescent health, Controlled substances, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to family life
Aïcha Dalia (“the Applicant”) is an Algerian national who arrived in France when she was approximately 17 years of age, to join her mother and siblings who lawfully resided there. In 1985, she was sentenced to twelve months’ imprisonment for offences against the dangerous drugs legislation, which also made orders for her deportation and permanent …Read more
Finn v. Jamaica
Country: JamaicaYear: 1998
Court: United Nations Human Rights Committee
Citation: Communication No. 617/1995
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
Finn (F) was arrested in 1987 and alleged that he was beaten on his way to the police lock up. He also alleged that threats were then made against his life and that he was given no medical treatment. F claimed that complaints about this ill treatment were not responded to. He was charged, together …Read more
Fisher v. The Minister of Public Safety and Immigration and Others (No. 2)
Country: BahamasYear: 1998
Court: Judicial Committee of the Privy Council
Citation: [1998] 3 LRC 451, [1999] 2 WLR 349, (1998) 6 BHRC 244, (1998) 2
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
The appellant was convicted of murder and sentenced to death in 1994. In 1996, he lodged a petition with the Inter-American Commission on Human Rights (IACmHR). Although The Bahamas ratified the Charter of the Organisation of American States (OAS) in 1982, it has never ratified the American Convention on Human Rights. However, Article 51 of …Read more
International Pen and Others. on Behalf of Saro Wiwa v. Nigeria
Country: NigeriaYear: 1998
Court: African Commission on Human and Peoples' Rights
Citation: AHRLR 212 (ACHPR 1998); Communications 137/94, 139/94, 154/96 and 161/97
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Right of access to information, Right to acquire nationality, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to life
S, a writer and president of an Ogoni people’s movement, and L (the movement’s vice-president) were arrested in May 1994 after the murder of four Ogoni leaders following a riot which had occurred during a meeting organized by the movement. It was alleged that S was severely beaten during the first days of his detention …Read more
The Prosecutor v. Zejnil Delalic and Zdravko Mucic, Hazim Delic and Esad Landzo
Country: SerbiaYear: 1998, 2001, 2003
Court: International Criminal Tribunal for the Former Yogslavia
Citation: Judgment of the Trial Chamber, 16 November 1998, Case No. IT-96-21-T; Judgment of the Appeals Chamber, 20 February 2001, Case No. IT-96-21-A; Judgment of the Trial Chamber, 9 October 2001, Case No. IT-96-21-Tbis-R117; Judgment of the Second Appeals Chamber, 8 April 2003, Case No. IT-96-21-Abis
Health Topics: Prisons, 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 property
On 19 March 1996, an indictment was issued against the four accused ZD, ZM, HD and EL. The indictment related to the events that took place in 1992 in a prison camp near the town of Celebici in central Bosnia and Herzegovina. The accused were charged with grave breaches of the Geneva Conventions of 1949, …Read more
D v. The United Kingdom
Country: United KingdomYear: 1997
Court: European Court of Human Rights
Citation: App. No. 30240/96, 24 Eur. H.R. Rep. 423 (1997).
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health, Right to life, Right to privacy
The applicant, an individual suffering HIV/AIDS, brought action under Article 3 (freedom from torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights when he was threatened with expulsion from UK to St Kitts where he would not have access to necessary medical treatment and no family home or close …Read more
Loayza-Tamayo v. Peru
Country: PeruYear: 1997
Court: Inter-American Court of Human Rights
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Loayza Tamayo (L) had allegedly been confined in a tiny prison cell for twenty-three and a half hours a day for one year. The Inter-American Commission on Human Rights had requested provisional measures whereby Peru would be requested to end her solitary confinement and incommunicado detention and to return her to the pavilion of the prison …Read more
Mentes and Others v. Turkey
Country: TurkeyYear: 1997
Court: European Court of Human Rights
Citation: Application No. 23186/94
Human Rights: Freedom from discrimination, 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
Mentes (M), T1, T2 and U lived in a village in south-east Turkey, the first three in its lower neighbourhood and the fourth in a separate hamlet. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these …Read more