M.A. v. Cyprus
Country: CyprusYear: 2020
Court: European Court of Human Rights
Citation: [2020] ECHR 37321/18
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant is an inmate who argued that his living conditions did not meet the health standards set out under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms after being displaced from the prison’s mental health unit. The applicant suffers from paranoid schizophrenia and severe visual impairment. He was …Read more
Saribekyan and Balyan v. Azerbaijan
Country: AzerbaijanYear: 2020
Court: European Court of Human Rights
Citation: [2020] ECHR 35746/11
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to life
The applicants, Mamikon Saribekyan and Siranush Balyan, brought an application that their son, Manvel Saribekyan, had been tortured and killed under the detention of the Azerbaijan authorities. Saribekyan, was a resident of the Tutjur village in the Gegharkunik region of Armenia near the border of Azerbaijan. On September 11th, 2010, Saribekyan lost his bearings in …Read more
Thakker v. Doll
Country: United StatesYear: 2020
Court: United States District Court, M.D. Pennsylvania
Citation: 451 F.Supp. 3d 358 (2020)
Health Topics: Aging, Chronic and noncommunicable diseases, Disasters and emergencies, Health care and health services, Infectious diseases, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to health, Right to liberty and security of person, Right to life
The Petitioners were a group of individuals being held in civil detention by Immigration and Customs Enforcement (ICE) at three locations: the York County Prison, the Clinton County Correctional Facility, and the Pike County Correctional facility, while awaiting the final disposition of their immigration cases. With the rapid and expansive spread of the novel coronavirus …Read more
Kardava v. Ukraine
Country: UkraineYear: 2019
Court: European Court of Human Rights
Citation: Kardava v. Ukraine, no. 19886/09, ECHR 2019
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to life
The applicant, a Georgian national, was detained on 7 August 2008 by the Ukrainian police in Kyiv on suspicion of robbery and for the illegal possession of narcotic drugs. He was denied bail due to his previous criminal record, the gravity of his alleged crimes, and the judicial finding that he might seek to evade …Read more
Danilczuk v. Cyprus
Country: CyprusYear: 2018
Court: European Court of Human Rights
Citation: [2018] ECHR 21318/12
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The applicant, Mr. Robert Danilczuk, a Polish national formerly held at a Nicosia Central Prisons in Cyprus, submitted an application under the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) alleging poor detention conditions. Specifically, Danilczuk complained that in the various cell blocks in which he was placed, there was overcrowding, …Read more
X v. Germany
Country: GermanyYear: 2018
Court: The European Court of Human Rights
Citation: App. No. 54646/17
Health Topics: Prisons, Public safety
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence
The applicant, a Russian national, arrived in Germany in 2002. In 2002 and 2011, the competent domestic authorities denied the applicant’s asylum requests. In 2012, the applicant was granted a residence permit, which was later prolonged until March 2018. In 2014, the Federal Office for the Protection of the Constitution investigated the applicant due to …Read more
Nelson v. Livermore
Country: CanadaYear: 2017
Court: Ontario Court of Appeal
Citation: 2017 ONCA 712
Health Topics: Health care and health services, Informed consent, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
Rodney Nelson sought judicial review of his involuntary admission to a psychiatric hospital under Ontario’s Mental Health Act (“MHA”) and an order for his immediate release due to rights infringements. Nelson had a lengthy history of crimes with many violent offences, including sexual offences against women and children. A psychiatrist completed an application for psychiatric …Read more
ABAR15 v Minister for Immigration and Border Protection
Country: AustraliaYear: 2016
Court: Federal Court of Australia
Citation: (No 2) [2016] FCA 721
Health Topics: Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity
This case addresses whether a protective visa under Australia’s Migration Act should be granted when appellant fears for her safety on return to her country because of domestic violence at the hands of her husband. A 54-year-old Vietnamese woman (appellant) was detained for being an unlawful non-citizen in Australia in 2014. She had remained in …Read more
Mambu v The Democratic Republic of the Congo
Country: Congo, DRCYear: 2016
Court: United Nations Human Rights Committee
Citation: Communication No. 2465/2014; UN Doc. CCPR/C/118/D/2465/2014
Health Topics: Health care and health services, Hospitals, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person, Right to participation
Eugène Diomi Ndongala Nzo Mambu was a national of the Democratic Republic of the Congo and president of the opposition political party in the State, challenging the legitimacy of an election. He alleged that he was abducted in 2012 and held incommunicado for three months and 13 days while being interrogated about his ties with …Read more
Giorgini v. Italy
Country: ItalyYear: 2015
Court: The European Court of Human Rights
Citation: Application No. 20034/11
Health Topics: Aging, Chronic and noncommunicable diseases, Hospitals, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Ms. Ebe Gigliola Giorgini, the applicant, is an Italian national who was born in 1933. In 2008, the applicant was convicted by the District Court for a number of different offenses, including criminal association, aggravated fraud, and ill-treatment. In 2010, the applicant underwent a second set of criminal proceedings. On June 9, 2010, the Pistoia …Read more