Malawi African Association, et al. v. Mauritania
Country: MauritaniaYear: 2000
Court: African Commission on Human and Peoples' Rights
Citation: (2000) AHRLR 149 (ACHPR 2000); Communications 54/91, 61/91, 98/93, 164-196/97 and 210/98
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Prisons, Violence, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to due process/fair trial, Right to family life, Right to favorable working conditions, Right to food, Right to health, Right to liberty and security of person, Right to life, Right to property, Right to work, Rights to the benefits of culture
Six communications jointly alleged that the Mauritanian state committed numerous human rights violations from 1986 to 1992. Specifically, the communications alleged that the State violated articles 2, 4, 5, 6, 7, 9, 10, 11, 12, 14, 16, 18, 19, and 26 of the African Charter on Human and Peoples’ Rights (“the Charter”), which came into …Read more
Taito Rarasea v. State
Country: FijiYear: 2000
Court: High Court
Citation: Criminal Appeal No HAA0027.2000, unreported; (2000) 3 CHRLD 126
Health Topics: Disabilities, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to food
R was sentenced to six months’ imprisonment by the Chief Magistrate for the offence of escaping from lawful custody contrary to s 138 of the Penal Code Cap 17. In addition the Commissioner of Prisons imposed sanctions on R for the escape under the Prisons Act Cap 86, ss 83(1)A(i) and (vi) and paras 123(3) …Read more
Amnesty International, et al. v. Sudan
Country: SudanYear: 1999
Court: African Commission on Human and Peoples' Rights
Citation: Comm. Nos. 48/90-50/91-52/91-89/93 (1999).
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of religion, Right to due process/fair trial, Right to liberty and security of person
Amnesty International and three other international human rights organizations filed a series of four complaints (Communications 48/90, 50/91, 52/91, and 89/93) on behalf of hundreds of prisoners, whom the organizations believed suffered detainment without trial, as well as various forms of torture and cruel and inhuman treatment in prison, following a coup d’état in Sudan …Read more
Bennett v. Jamaica
Country: JamaicaYear: 1999
Court: United Nations Human Rights Committee
Citation: Communication Nº 590/1994*
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
Trevor Bennett (“author”) at the time of submission of the communication was awaiting execution at a prison. He had been convicted of murder and sentenced to death. His appeals to the Court of Appeal and Judicial Committee of the Privy Council were dismissed. He claimed violations of articles 6, 7, 9, 10, and 14 of …Read more
Cox v. The Attorney General, Petrus Compton, et al.
Country: Saint LuciaYear: 1999
Court: High Court (Civil Constitutional)
Citation: No 714 of 1999, unreported
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
C had been held on death row for 4 years and 9 months without lodging any appeals against conviction or sentence. C sought a stay of his execution order on the grounds that the delay was unreasonable and violated the constitutional prohibition on torture or inhuman degrading treatment or punishment. C argued that the holding …Read more
Higgs and David Mitchell v. The Minister of National Security and Others
Country: BahamasYear: 1999
Court: Judicial Committee of the Privy Council
Citation: [2000] 2 WLR 1368; [2000] 2 LRC 656; (1999) 8 BHRC 201; (1999) 5
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
The first appellant was arrested for murder in July 1993. He was committed for trial in November 1993 but there was a technical defect in the committal as a result of which it was subsequently quashed. On 14 November 1994 he was committed again and on 2 October 1995 found guilty and sentenced to death. …Read more
Rights International v. Nigeria
Country: NigeriaYear: 1999
Court: African Commission on Human and Peoples' Rights
Citation: Comm. No. 215/98 (1999).
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
Rights International, a non-governmental organization based in the United States, claimed that Nigerian military soldiers arrested and tortured Mr. Charles Baridorn Wiwa at an unknown military detention camp in Gokana, Nigeria. The Complainant alleged that Mr. Wiwa’s detention lasted from January 2-9, 1996, and that during his detention, authorities horsewhipped him, subjected him to various …Read more
Victor Rosario Congo v. Ecuador
Country: EcuadorYear: 1999
Court: Inter-American Commission on Human Rights
Citation: Report 63/99, Case No. 11.427; OEA/Ser.L/V/II.106 Doc. 6 rev., April 13, 1999
Health Topics: Diet and nutrition, Health care and health services, Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to food, Right to health, Right to life, Right to water and sanitation
Victor Rosario Congo, an Ecuadorian, was placed in a detention center pending investigations into criminal charges. There were indications that he suffered from a mental disorder. In September 12, 1990, Mr. Congo was placed in an isolation cell at which time a guard assaulted him in the Rehabilitation Center, inflicting a wound to his head. …Read more
Villagrán-Morales, et al. (“Street Children”) v. Guatemala
Country: GuatemalaYear: 1999
Court: Inter-American Court of Human Rights
Citation: Merits, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999); Inter Joint Concurring Opinion of Judges A.A. Cancado Trinidade & A. Abreu-Burelli, Inter-Am. Ct. H.R. (ser. C) No. 63 (Nov. 19, 1999).
Health Topics: Child and adolescent health, Poverty, 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
Five youths, three of whom were minors, were “street children” abducted, tortured, and killed by State security agents. The children lived in a sector of the city where violence and crime rate were high and where State officials commit illegal acts against “street children,” including “threats, arrests, cruel, inhuman and degrading treatment and homicides as …Read more
Aerts v. Belgium
Country: BelgiumYear: 1998
Court: European Court of Human Rights
Citation: Application No. 25357/94; (1998) 29 EHRR 50; [1998] ECHR 64; 5 BHRC 382; [1998] HRCD 749; (2000) 53 BMLR 79
Health Topics: Controlled substances, 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 liberty and security of person
Michael Aerts, complained his continued detention in the psychiatric wing of a prison pending his transfer to the Social Protection Centre breached the right to liberty and security of person in article 5(1) of the European Convention on Human Rights (ECHR), the right to fair hearing under article 6(1) of the ECHR, and the prohibition …Read more