Stamen Filipov to the Constitutional Court
Country: MacedoniaYear: 2006
Court: Constitutional Court
Citation: 16/2006-0-0
Health Topics: Controlled substances, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to bodily integrity, Right to due process/fair trial
The Petitioner, Stamen Filipov, challenged Article 178, a provision regulating solitary confinement, of the Law on Execution of Sanctions (the Law). The Law gave the Director of a prison or his/her substitute the power to institute certain disciplinary measures against convicted persons, including warnings, public warnings, confiscation of up to 20% of the compensation for …Read more
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
Kolanis v. United Kingdom
Country: United KingdomYear: 2005
Court: European Court of Human Rights
Citation: App. No. 517/02, 42 Eur. H.R. Rep. 12 (2006).
Health Topics: Health care and health services, Mental health
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to liberty and security of person
The applicant, Ms. Kolanis, was convicted of a crime and found to be suffering from mental illness pursuant to the Mental Health Act 1983. Her application to reside at home was upheld by the Tribunal, which ordered her conditional discharge provided she live at home with her parents, be supervised by a social worker and …Read more
Mazibuko v. Minister of Correctional Services, et al.
Country: South AfricaYear: 2005
Court: High court of Transvaal Provincial Division
Citation: Case No: 38151 / 05; [2007] JOL 18957 (T)
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Hospitals, Infectious diseases, Medicines, Prisons
The Applicant, Simon Musi Mazibuko, was a prisoner living with HIV. He had been convicted of murder assault with intent to do grievous bodily harm, robbery, theft, and unlawful possession of a firearm and ammunition, and sentenced to life in prison. The Applicant was suffering from several opportunistic infections, including tuberculosis, and his CD4 count …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
R (on the application of H) v. Secretary of State for Health
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 60
Health Topics: Hospitals, Informed consent, Mental health
Human Rights: Right to due process/fair trial, Right to liberty and security of person
H challenged the provision of the Mental Health Act 1983 under which she was detained as incompatible with her right to liberty and security under Human Rights Act 1998. H was a 32-year old woman who was severely disabled by Down’s syndrome. H’s mother intensely distrusted health and social services, and refused on many occasions …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