Wachira Weheire v. Attorney General
Country: KenyaYear: 2010
Court: High Court at Nairobi
Citation: Civil Case 1184 of 2003; 2010 AHRLR 185 (KeHC 2010)
Health Topics: Diet and nutrition, Mental health, Prisons, 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
The plaintiff, Weheire, brought a suit against the Attorney-General alleging degrading and inhuman treatment during his arrest and detainment in 1986, a violation of his rights under the Constitution of Kenya (“Constitution”),. In December 1986, Weheire was arrested without a warrant. After his arrest, Weheire claimed that his house was unlawfully searched. Weheire further alleged …Read more
Attorney General v. Susan Kigula, et al.
Country: UgandaYear: 2009
Court: Supreme Court at Mengo
Citation: [2009] UGSC 6; Constitutional Appeal No. 03 of 2006
Health Topics: Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
K and 417 others were all persons convicted of diverse capital offences under the Penal Codes Act and had been sentenced to death as provided for by the laws of Uganda. They filed a petition in the Constitutional Court under Article 137(3)[1] of the Constitution, challenging the constitutionality of the death penalty. In particular, they …Read more
Belashev v. Russia
Country: RussiaYear: 2009
Court: European Court of Human Rights
Citation: Belashev v. Russia
Health Topics: Health care and health services, Infectious diseases, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person
A Russian national filed a claim against the Russian government for violating his rights under Article 3 (inhuman and degrading treatment) of the European Convention on Human Rights (ECHR) when he was subjected to poor conditions during his imprisonment. The applicant was arrested, convicted on criminal charges and sentenced to over 10.5 years of detention. …Read more
Brânduse v. Romania
Country: RomaniaYear: 2009
Court: European Court of Human Rights
Citation: Application no. 6586/03
Health Topics: Environmental health, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to privacy, Right to water and sanitation
B, a Romanian national, was sentenced to ten years in prison for fraud by the Court of Appeal of Timisoara. In January 2003 B lodged an application with the European Court of Human Rights based on the conditions of his detention in the prisons of Arad and Timisoara. B alleged that Romania violated Article 3 (prohibition of torture) of the European …Read more
Case of Kapryowski v. Poland
Country: CanadaYear: 2009
Court: The European Court of Human Rights
Citation: [2009] ECHR 23052/05
Health Topics: Health care and health services, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Since 1996 the applicant had suffered from a number of health issues including epilepsy and dementia. The applicant was also a recidivist offender and was regularly in and out of prison, serving his sentences in various detention establishments across Poland. The focus of the applicant’s complaint was on his treatment during his imprisonment at Poznań …Read more
Eugen Gabriel Radu v. Romania
Country: RomaniaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 3036/04
Health Topics: Disabilities, Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The plaintiff, Eugen Gabriel Radu, a Romanian national, applied to the European Court of Human Rights claiming that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, which prohibits torture and inhumane or degrading treatment. The plaintiff was sentenced in 2001 and again in 2006 for aggravated …Read more
Marian Stoicescu v. Romania
Country: RomaniaYear: 2009
Court: European Court of Human Rights
Citation: Application No. 12934/02
Health Topics: Prisons, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
The plaintiff, Marian Stoicescu, a Romanian national, applied to the European Court of Human Rights in 2002 alleging that the conditions in the Romanian prison Bucarest-Jilava violated Article 3 of the European Convention of Human Rights, prohibiting torture and inhumane or degrading treatment. In 2000, the plaintiff was sentenced to 8 years in prison for …Read more
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
Penafiel Parraga v. Ecuador
Country: EcuadorYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 73/09, Petition 4392-02, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Mental health, Prisons
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to liberty and security of person
This report addresses the admissibility of a petition that alleged Ecuador failed to fulfill its obligations under the American Convention on Human Rights (the Convention), including the right to humane treatment. Wellington Geovanny Peñafiel Parraga was a former National Police officer who suffered psychological distress allegedly as a result of treatment he received during a …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