204 judgments found.

Mika Miha v. Equatorial Guinea

Country: Equatorial Guinea
Year: 1994
Court: United Nations Human Rights Committee
Citation: Communication No. 414/1990
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Facts:

Mika Miha (M), having twice previously left Equatorial Guinea for asylum abroad, had returned in 1988 to support the activities of an opposition party to which he belonged. Shortly afterwards, he was arrested by members of the security forces. The only explanation given was that his detention had been ordered by the president. For the …Read more

Tags: Abuse, Cruel and unusual punishment, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Jail, Prison conditions, Torture
Download Judgment: English

Kanana Tshiongo a Minanga v. Zaire

Country: Congo, DRC
Year: 1993
Court: United Nations Human Rights Committee
Citation: Communication No. 366/1989
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Facts:

Kanana Tshiongo A Minanga (K), a founder of a political party opposed to the governing regime of President Mobutu, complained that he was taken by members of the Zairian defense forces to the headquarters of the political police supposedly to meet the director and then held overnight without any reason being given. While there, he …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Detainee, Detention, Humiliating treatment, Inhuman treatment, Torture
Download Judgment: English

Herczegfalvy v. Austria

Country: Austria
Year: 1992
Court: European Commission on Human Rights
Citation: App. No. 10533/83, Eur. Ct. H.R. 58 (1992).
Health Topics: Diet and nutrition, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right of access to information, Right to family life, Right to liberty and security of person
Facts:

Applicant, a Hungarian national, served a prison sentence during which he assaulted prison officers, other detainees and threatened judges. He served a six-month pre-detention period in a facility for mentally ill offenders where he remained until his conditional release. He claims that his rights pursuant to Article 5 of the European Convention of Human Rights …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Hunger strike, Imprisonment, Incarceration, Incompetence, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Starvation, Torture
Download Judgment: English

Cruz Varas and Ors v. Sweden

Country: Sweden
Year: 1991
Court: European Court of Human Rights
Citation: Application No. 15576/89
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life
Facts:

Cruz Varas (C V) , his wife and son (all Chilean nationals) had applied for political asylum but the National Immigration Board held that, from the information given, they had not invoked sufficiently strong reasons to be considered as refugees under national or international law and that they should be expelled. In an unsuccessful appeal …Read more

Tags: Abuse, Assault, Asylum, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Immigration, Inhuman treatment, Mental disorder, Migrants, Police, Rape, Refugees, Sexual violence, Torture
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Harris v. Thigpen

Country: United States
Year: 1991
Court: 11th Circuit Court of Appeal
Citation: 941 F.2d 1495 (1991)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Informed consent, Prisons
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The Appellants brought this challenge to the constitutionality of an Alabama statute which authorized the Alabama Department of Correction’s (DOC) policy of mandatory testing of all present and future Alabama state prisoners for HIV antibodies, as well as the forced segregation of HIV-positive inmates. Two classes were involved in the action: the Appellant class, which …Read more

Tags: Access to health care, Access to treatment, AIDS, Compulsory testing, Confidentiality, Cruel and unusual punishment, Detention, Disclosure, Health information, HIV, HIV positive, HIV status, Imprisonment, Incarceration, Inmate, Involuntary testing, Jail, Mandatory testing, Medical records, Non-consensual testing and treatment, Non-disclosure, People living with HIV/AIDS, PLHIV, Primary care, Secrecy, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Torture
Download Judgment: English

R v Swain

Country: Canada
Year: 1991
Court: Supreme Court of Canada
Citation: [1991] 1 RCS
Health Topics: Mental health, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Swain was arrested and charged with assault and aggravated assault. Due to his bizarre conduct during the incident and at the time of his arrest, Swain was transferred from jail to a mental health centre before trial. His condition improved with medication, and he was conditionally released into the community before trial. Swain continued to …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Custody, Detention, Domestic abuse, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Psychosis, Threat of violence, Violence against women
Download Judgment: English

Velasquez Rodriguez v. Honduras

Country: Honduras
Year: 1988
Court: Inter-American Court of Human Rights
Citation: Series C No. 4, July 29 1989
Health Topics: Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

This case considered the practice of “forced disappearances” by the Government of Honduras, which included secret surveillance, kidnapping and executions. The Court found as proved that “[d]uring the period 1981 to 1984, 100 to 150 persons disappeared in the Republic of Honduras, and many were never heard from again.” It recognized patterns in these disappearances …Read more

Tags: Abuse, Cruel treatment, Custody, Degrading treatment, Detention, Execution, Forced disappearance, Humiliating treatment, Inhuman treatment, Military, Police, Torture
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Ford v. Wainwright

Country: United States
Year: 1986
Court: Supreme Court
Citation: 477 U.S. 399 (1986)
Health Topics: 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, Right to life
Facts:

The Appellant, Ford, was convicted of murder in a Florida state court and sentenced to death in 1974. There was no suggestion that he was incompetent at the time of the offense, at trial, or at sentencing. However in 1982, Ford began to manifest gradual changes in behavior, which, based on a psychiatric examination, indicated …Read more

Tags: Cruel and unusual punishment, Detention, Execution, Imprisonment, Incarceration, Incompetence, Inmate, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Torture
Download Judgment: English

Velasquez Rodriguez v. Honduras

Country: Honduras
Year: 1986
Court: Inter-American Commission on Human Rights
Citation: Resolution No. 22/86, Case 7920, April 18, 1986, OEA/Ser.L/V/II.68 Doc. 8 rev. 1, 26 September 1986
Health Topics: Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

Angel Manfredo Velasquez Rodriguez (“AMVR”), a UNAH student, was arrested without warrant in Tegucigalpa on September 12, 1981. Eyewitnesses saw members of the National Investigation Directorate and G-2 (Intelligence) of the Armed Forces of Honduras apprehend and take AMVR to an unknown location. On September 9, 1981, the Government of Honduras recognized the jurisdiction of …Read more

Tags: Armed conflict, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Forced disappearance, Humiliating treatment, Inhuman treatment, Military, Militias, Police, Torture
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X v. The United Kingdom

Country: United Kingdom
Year: 1981
Court: European Court of Human Rights
Citation: App. No. 7215/75, 4 Eur. H.R. Rep. 188 (1982).
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
Facts:

The applicant, a United Kingdom national who had previously been diagnosed with having a paranoid psychosis, claimed that the United Kingdom unlawfully deprived him of his liberty when authorities forcibly recalled him to a hospital for the criminally insane in which he had completed a prior sentence for a violent crime. At the time of …Read more

Tags: Compulsory commitment, Compulsory confinement, Cruel treatment, Custody, Degrading treatment, Detainee, Detention, Imprisonment, Incarceration, Inhuman treatment, Inmate, Involuntary commitment, Involuntary confinement, Jail, Mandatory confinement, Mental disorder, Mental illness, Mental institution, Paranoia, Psychiatry, Psychology, Schizophrenia, Torture
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