Masangano v. Attorney General
Country: MalawiYear: 2009
Court: High Court at Lilongwe
Citation: 2009 AHRLR 353 (MHC 2009)
Health Topics: Diet and nutrition, Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Gable Masango, a prisoner serving a twelve-year prison term in Malawi, brought suit against Malawian government officials claiming the conditions of his and his fellow prisoners’ imprisonment violated the Republic of Malawi Constitution and the Prison Regulations of the Prisons Act (“Prison Regulations”). The prisoner alleged that the prison provided insufficient resources, including insufficient diet …Read more
Slawomir Musial v. Poland
Country: PolandYear: 2009
Court: European Court of Human Rights
Citation: Application No. 28300/06
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to health
The applicant, a Polish national, alleged a violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”) based on inadequate medical care during his detention in various Polish detention centers, as well as the overcrowding and poor conditions in those same facilities. In April of 2005, the …Read more
Stojanovic v. Serbia
Country: SerbiaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 34425/04
Health Topics: Health care and health services, Health systems and financing, Poverty, Prisons
Human Rights: Right to privacy, Right to social security
The applicant is a 53 year-old prisoner in Serbia who complains of the refusal of the State to provide free dentures and of interference with his correspondence by prison authorities. The applicant suffered from paradontosis which caused the loss of teeth. On February 13, 2004 the applicant was examined by the prison dentist and was …Read more
Szuluk v. The United Kingdom
Country: United KingdomYear: 2009
Court: European Court of Human Rights
Citation: Application no. 36936/05
Health Topics: Health care and health services, Health information, Prisons
Human Rights: Right to privacy
The applicant, an inmate in prison, appealed to the European Court of Human Rights because he wanted to correspond privately with an external medical specialist. In 2001, the applicant suffered a brain hemorrhage while he was on bail awaiting trial for a conspiracy to sell drugs. He underwent surgery twice before being discharged to prison. …Read more
Tolipkhuzhaev v. Uzbekistan
Country: UzbekistanYear: 2009
Court: United Nations Human Rights Committee
Citation: Comm. No. 1280/2004, U.N. Doc. CCPR/C/96/D/1280/2004 (HRC 2009)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
The case is about the failure of the State, which was party to International Covenant on Civil and Political Rights (“ICCPR”) and its Optional Protocol, to ensure the individuals’ rights to a fair trial (Article 14), the right to life (Article6), the rights of detainees (Article 10), and freedom from torture and other ill-treatment (Article …Read more
2008Hun-Ka23
Country: South KoreaYear: 2008
Court: Constitutional Court
Citation: 22-1(A) KCCR 36
Health Topics: Prisons, Public safety, 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 life
The petitioner was charged with murder of four people and the sexual assault of three women. The Gwangju District Court sentenced the petitioner to the death penalty in accordance with Article 250 Section 1 of the Criminal Act and Article 10 Section 1 of the Former Special Act on Punishment of Sex Crimes and Victim …Read more
Aleksanyan v. Russia
Country: RussiaYear: 2008
Court: European Court of Human Rights
Citation: Application No. 46468/06; [2009] ECHR 1226
Health Topics: Disabilities, Health care and health services, HIV/AIDS, Infectious diseases, Informed consent, Medicines, Prisons
Human Rights: 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
A, a Russian national, was a former practicing member of the Moscow bar. On 29 March 2006 a Moscow district court authorized the criminal prosecution of A in connection with his alleged participation in the embezzlement of property and shares of several oil companies in the late 1990s. On 5 April 2006 Russian authorities searched …Read more
Andrea Mortlock v. United States
Country: United StatesYear: 2008
Court: Inter-American Commission on Human Rights
Citation: Report No. 63/08, Case 12.534
Health Topics: Chronic and noncommunicable diseases, Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
This report addresses the admissibility of a petition that alleged the United States failed to fulfill its obligations under the American Declaration on the Rights and Duties of Man (the Declaration). Petitioners included the Legal Aid Society and the International Human Rights Clinic at Washington College of Law. Petitioners alleged the United States violated the …Read more
Institute for Human Rights and Development in Africa v. Angola
Country: AngolaYear: 2008
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 292/04 (2008).
Health Topics: Health care and health services, Mental health, Prisons, Violence
Human Rights: Freedom from discrimination, 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 property, Right to work
The Institute for Human Rights and Development in Africa (IHRDA) filed a complaint on behalf of Mr. Esmaila Connateh and 13 other Gambians deported from Angola during March through May of 2004. IHRDA’s complaint alleged that Angola arbitrarily arrested and detained the individuals, along with tens of thousands of foreigners who had legally lived and …Read more
Mechenkov v. Russia
Country: RussiaYear: 2008
Court: European Court of Human Rights
Citation: App. No. 35421/05, Eur. Ct. H.R. 122 (2008).
Health Topics: Health care and health services, Health information, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Applicant, a Russian national serving a prison sentence and suffering from tuberculosis and chronic hepatitis C, alleged the state violated his Article 3 rights under the European Convention on Human Rights (ECHR) because he was denied the necessary medical treatment. He also alleged that he was held with inmates suffering from active tuberculosis and hepatitis …Read more