Denton v. The Director-General, National Intelligence Agency and Others
Country: The GambiaYear: 2006
Court: High Court
Citation: HC241/06/MF/087/F1
Health Topics: Health care and health services, Prisons
Human Rights: Right to due process/fair trial, Right to family life, Right to health, Right to liberty and security of person
The applicant was a detainee seeking: (1) a declaration that her arrest was unlawful under the Constitution of Gambia (the “Constitution”); (2) a declaration that her subsequent detention was unlawful and unconstitutional; and (3) an order for release. The applicant was arrested at her residence on April 6, 2006 in relation with a suspected attempted …Read more
EN and Others v. Government of RSA and Others (No. 1)
Country: South AfricaYear: 2006
Court: High Court - Durban and Coast Local Division
Citation: 2006 (6) SA 543 (D); 2007 (1) BCLR 84 (D)
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty, Prisons
Human Rights: Right to health
An urgent application was filed on behalf of fifteen prisoners living with HIV/AIDS who required antiretroviral (ARV) treatment while incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Applicants were acting in their individual capacities and as representatives of the class of prisoners incarcerated at WCC. The sixteenth applicant was the Treatment Action …Read more
Melnik v. Ukraine
Country: UkraineYear: 2006
Court: European Court of Human Rights
Citation: App. No. 72286/01, Eur. Ct. H.R. (2006).
Health Topics: Controlled substances, Health care and health services, HIV/AIDS, Infectious diseases, Medicines, Mental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The applicant, a private citizen of Ukraine, was convicted in the Vinnytsia District Court for the unlawful possession of a quantity of opium with the premeditated intent to sell along with a group of persons. The District Court sentenced the applicant to five years imprisonment. During the trial, the applicant had refused the representation of …Read more
Miguel Castro-Castro Prison v. Peru
Country: PeruYear: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R., Judgment, Inter-Am. Ct. H.R. (ser. C) No. 160 (Nov. 25, 2006).
Health Topics: Diet and nutrition, Disasters and emergencies, Health care and health services, Health information, Hospitals, Infectious diseases, Medicines, Mental health, Prisons, Sexual and reproductive health, Violence, Water, sanitation and hygiene
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, Right to privacy
During the conflict between armed groups and government forces that lasted from the 1980s until 2000, the government of Alberto Fujimori issued a law decree on April 6, 1992, ordering “the reorganization of the National Penitentiary Institute (INPE) and put[ting] the National Police of Peru in charge of the control of security at the penitentiaries.” …Read more
Stamen Filipov to the Constitutional Court
Country: MacedoniaYear: 2006
Court: Constitutional Court
Citation: 16/2006-0-0
Health Topics: Controlled substances, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of expression, Right to bodily integrity, Right to due process/fair trial
The Petitioner, Stamen Filipov, challenged Article 178, a provision regulating solitary confinement, of the Law on Execution of Sanctions (the Law). The Law gave the Director of a prison or his/her substitute the power to institute certain disciplinary measures against convicted persons, including warnings, public warnings, confiscation of up to 20% of the compensation for …Read more
Staykov v. Bulgaria
Country: BulgariaYear: 2006
Court: The European Court of Human Rights
Citation: Application No. 49438/99
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Infectious diseases, Medicines, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health, Right to liberty and security of person
The applicant was arrested. He was charged with murder of an 81 year old. He was detained. All his applications for release were denied before and after his conviction. He stated that the case against him was weak, there was no risk of flight and his health was deteriorating. He was finally released on bail. …Read more
Caesar v. Trinidad and Tobago
Country: Trinidad and TobagoYear: 2005
Court: Inter-American Court of Human Rights
Citation: Series C No. 123, March 11, 2005
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial
C was arrested on 11 November 1983 as a suspect in connection with a rape alleged to have occurred in Trinidad a few days earlier. On 16 November 1983 he was released on bail. Between 1985 and 1986 committal proceedings took place and he was ordered to stand trial on 21 February 1986. C was …Read more
Chisanga v. Zambia
Country: ZambiaYear: 2005
Court: United Nations Human Rights Committee
Citation: Communication No. 1132/2002; U.N. Doc. CCPR/C/85/D/1132/2002 (2005)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
Chisanga, a Zambian citizen, was convicted of aggravated robbery in 1995 and sentenced to death; he was also convicted of attempted murder but not sentenced for it. Chisanga claimed that he was innocent and that his trial was unfair because he was convicted solely on the basis of one witness’ testimony. Evidence from the medical …Read more
Kachingwe v. Minister of Home Affairs N.O.
Country: ZimbabweYear: 2005
Court: Supreme Court
Citation: Report No. SC 145/04
Health Topics: Diet and nutrition, Health care and health services, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
This was a civil appeal regarding the conditions in Zimbabwe’s police holding cells. The first and second Applicants, Kachingwe and Chibebe, were arrested by the police, with Zimbabwe Lawyers for Human Rights serving as the third Applicant. The first Applicant was detained in a police cell overnight. The second Applicant was detained for two days. …Read more
Rex v. Sipho Nhlabatsi
Country: SwazilandYear: 2005
Court: High Court
Citation: Case No. 202/2005.
Health Topics: HIV/AIDS, Infectious diseases, Prisons
The applicant was arrested and detained by the Swaziland police on charges of attempted murder. He contended that his six children and two wives were going through a difficult time due to his incarceration because he was the only breadwinner for his family. He also claimed that he was HIV positive and suffered from various …Read more