Prosecutor v. Stanišić and Simatović (Decision on Urgent Stanišić Defence Motion For Provisional Release)
Country:Year: 2010
Court: International Criminal Tribunal for the former Yugoslavia
Citation: Case number IT-03-69-T
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Prisons
Human Rights: Right to due process/fair trial
The accused Jovica Stanišić was standing trial and sought provisional release during the summer recess to be with his family. However, he had an unpredictable health condition with a constant risk of deterioration. He suffered from two periods of kidney stone difficulties, with one of the medications causing a severe allergic reaction and increasing symptoms …Read more
R. v. Hneihen
Country: CanadaYear: 2010
Court: Ontario Superior Court of Justice
Citation: 2010 ONSC 5353
Health Topics: Health care and health services, Hospitals, Mental health, Prisons
Human Rights: Right to liberty and security of person
Mr. Hneihen was found not criminally responsible by reason of mental disorder (NCRMD), in relation to several criminal charges. The trial judge ordered that Mr. Hneihen be detained at the Centre for Addiction and Mental Health (CAMH) pending review by the Ontario Review Board (ORB), an independent tribunal that oversees individuals unfit to stand trial …Read more
R.M. v Attorney General, et al.
Country: KenyaYear: 2010
Court: Nairobi High Court
Citation: [2010] eKLR; Petition 705 of 2007
Health Topics: Poverty, Prisons, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
RM was born a hermaphrodite/intersexual and was raised as male. His birth was not registered at the time, which caused RM difficulties later in life as he was not in consequence recognised by the State for employment, marriage or other legal reasons. RM was later convicted of an offence of robbery with violence and sentenced …Read more
Seaton v. Mayberg
Country: United StatesYear: 2010
Court: 9th Circuit Court of Appeal
Citation: 610 F.3d 530 (2010)
Health Topics: Health information, Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to privacy
The Appellant, Seaton, an inmate, brought suit against the director of the California Department of Mental Health, the administrator of a state hospital, and two psychologists, alleging that they violated his constitutional right to privacy when they examined and communicated their opinions about his medical records to the district attorney’s office in the period before …Read more
Wachira Weheire v. Attorney General
Country: KenyaYear: 2010
Court: High Court at Nairobi
Citation: Civil Case 1184 of 2003; 2010 AHRLR 185 (KeHC 2010)
Health Topics: Diet and nutrition, Mental health, Prisons, Water, sanitation and hygiene
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 plaintiff, Weheire, brought a suit against the Attorney-General alleging degrading and inhuman treatment during his arrest and detainment in 1986, a violation of his rights under the Constitution of Kenya (“Constitution”),. In December 1986, Weheire was arrested without a warrant. After his arrest, Weheire claimed that his house was unlawfully searched. Weheire further alleged …Read more
Belashev v. Russia
Country: RussiaYear: 2009
Court: European Court of Human Rights
Citation: Belashev v. Russia
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
A Russian national filed a claim against the Russian government for violating his rights under Article 3 (inhuman and degrading treatment) of the European Convention on Human Rights (ECHR) when he was subjected to poor conditions during his imprisonment. The applicant was arrested, convicted on criminal charges and sentenced to over 10.5 years of detention. …Read more
Case of Kapryowski v. Poland
Country: CanadaYear: 2009
Court: The European Court of Human Rights
Citation: [2009] ECHR 23052/05
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Since 1996 the applicant had suffered from a number of health issues including epilepsy and dementia. The applicant was also a recidivist offender and was regularly in and out of prison, serving his sentences in various detention establishments across Poland. The focus of the applicant’s complaint was on his treatment during his imprisonment at Poznań …Read more
Enea v. Italy
Country: ItalyYear: 2009
Court: European Court of Human Rights
Citation: Application No. 74912/01
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The plaintiff, Salvatore Enea, was sentenced to 30 years in prison for crimes related to mafia-type criminal organization, drug trafficking, and illegal possession of firearms. The Minister of Justice ordered the plaintiff be subject to a special prison regime for one year due to the danger he presented to society. The regime included restricting family …Read more
Eugen Gabriel Radu v. Romania
Country: RomaniaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 3036/04
Health Topics: Disabilities, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The plaintiff, Eugen Gabriel Radu, a Romanian national, applied to the European Court of Human Rights claiming that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, which prohibits torture and inhumane or degrading treatment. The plaintiff was sentenced in 2001 and again in 2006 for aggravated …Read more
Marian Stoicescu v. Romania
Country: RomaniaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 12934/02
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The plaintiff, Marian Stoicescu, a Romanian national, applied to the European Court of Human Rights in 2002 alleging that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, prohibiting torture and inhumane or degrading treatment. In 2000, the plaintiff was sentenced to 8 years in prison for …Read more