Mouisel v. France
Country: FranceYear: 2003
Court: European Court of Human Rights
Citation: App. No. 67263/01, 38 Eur. H.R. Rep. 34 (2004).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Applicant, a prisoner serving a 15-year sentence, alleged that France violated his Article 3 rights against inhuman treatment when his appeals for pardon on the grounds of suffering form a worsening state of leukemia were denied. Medical reports showed that Mouisel had leukemia and that the disease continued to worsen. However, Mouisel’s application to the …Read more
Smith v. Carpenter
Country: United StatesYear: 2003
Court: 2nd Circuit Court of Appeal
Citation: 316 F.3d 178 (2003)
Health Topics: Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Plaintiff filed suit alleging that Defendants deprived him of HIV medication on two occasions during his incarceration at the Camp Pharsalia Correctional Facility. The first deprivation occurred in October 1998 and lasted seven days, resulting from a delay in refilling Plaintiff’s prescriptions. The second occurred in January 1999, when Plaintiff’s medication was confiscated during a …Read more
Stanfield v. The Minister of Correctional Services et al.
Country: South AfricaYear: 2003
Court: High Court - Cape of Good Hope Provincial Division
Citation: [2003] ZAWCHC 46
Health Topics: Chronic and noncommunicable diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
While serving a six-year sentence in prison, Stanfield was diagnosed with lung cancer. Prior to this diagnosis he had already suffered from advanced coronary disease. The lung cancer required treatment with chemotherapy for three consecutive days every twenty-one days over a period of at least six months. In light of his medical condition, Stanfield sought …Read more
Atkins v. Virginia
Country: United StatesYear: 2002
Court: Supreme Court
Citation: 536 U.S. 304 (2002)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The Appellant, Atkins, a mentally disabled individual, was convicted of capital murder and related crimes by a Virginia jury and sentenced to death. He brought this appeal alleging that he could not be sentenced to death because executing the mentally disabled would constitute “cruel and unusual punishment” as prohibited by the Eighth Amendment.
Benedict Jacob v. Grenada
Country: GrenadaYear: 2002
Court: Inter-American Commission on Human Rights
Citation: "Report No. 56/02, Case 12.158, Inter-Am. C.H.R., Doc. 5 rev.1 at 601, OEA/Ser.L/V/II.117 Doc. 1 rev. 1, 7 March 2003"
Health Topics: Mental health, Poverty, Prisons
Human Rights: Freedom from discrimination, 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
Jacob was convicted of murder by the State and a mandatory death sentence by hanging was imposed on him in accordance with the domestic law of Grenada. Jacob and the deceased had been in a relationship and had lived together previously, ending their cohabitation a few months before the deceased’s death. A psychiatrist testified on …Read more
Benjamin & Wilson v. United Kingdom
Country: United KingdomYear: 2002
Court: European Court of Human Rights
Citation: Application No. 28212/95
Health Topics: Mental health, Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
B and W were detained in hospital after being sentenced to terms of discretionary life imprisonment. Both complained that they did not have access to a procedure by which they could challenge the lawfulness of their continued detention. B was sentenced to life imprisonment for rape in 1983. His tariff period of detention was set …Read more
Case 1586-2002-R
Country: BoliviaYear: 2002
Court: Tribunal Constitucional de Bolivia [Constitutional Tribunal of Bolivia]
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons, Violence
Human Rights: Right to health, Right to life
A constitutional amparo (writ of injunctive relief) petition was filed by Marco Marino Diodato del Gallo against the Governor of the Center for Rehabilitation “Santa Cruz” (the “Prison Governor”), alleging infringement of the claimant’s rights to life and health and safety. On March 12, 2001, the claimant suffered a triple heart attack caused by the …Read more
Kalashnikov v. Russia
Country: RussiaYear: 2002
Court: European Court of Human Rights
Citation: App. No. 47095/99, 36 Eur. H.R. Rep. 34 (2003).
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Prisons, Tobacco, 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
Applicant, Russian national and President of the Northeast Commercial Bank, was accused of embezzlement and placed in detention. According to the applicant, he was detained in overcrowded and unsanitary cells, which occasionally contained inmates suffering from tuberculosis and syphilis. Moreover, the cells had inadequate toilet facilities, insufficient ventilation, and pest infestations. As a result the …Read more
Montgomery v. Pinchak
Country: United StatesYear: 2002
Court: 3rd Circuit Court of Appeal
Citation: 294 F.3d 492 (2002)
Health Topics: Chronic and noncommunicable diseases, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The Appellant, Montgomery, was an inmate at the East Jersey State Prison (the Prison). Montgomery suffered from a heart condition and was HIV-positive. He brought these proceedings against prison administrative officials, the private corporate entity providing medical care to the prison (CMS), and a physician employed by CMS as an independent contractor at the prison. …Read more
Paul Lallion v. Grenada
Country: GrenadaYear: 2002
Court: Inter-American Commission on Human Rights
Citation: Paul Lallion, Report No. 55/02, Case 11.756, IACHR, Doc. 5 rev. 1 at 551, 21 October 2002
Health Topics: Diet and nutrition, Health care and health services, Poverty, Prisons
Human Rights: Freedom from discrimination, 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
Paul Lallion appealed to the Inter-American Commission on Human Rights alleging that his death penalty sentencing and appeal process, as well as the prison conditions he was subjected to during this process, violated Articles 4 (right to life), 5 (right to humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), and …Read more