Gerasimov v. Kazakhstan
Country: KazakhstanYear: 2012
Court: Committee Against Torture
Citation: Communication No. 433/2010; CAT/C/48/D/433/2010
Health Topics: Health care and health services, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
In March 2007, the complainant went to the local police station, the Kostanai City Southern Department of Internal Affairs, where his stepson was being detained. Upon arrival, he was detained by five police officers and questioned about the death of an elderly neighbor. After stating he did not murder the women he was beaten by …Read more
Joyce Nawila Chiti v. Zambia
Country: ZambiaYear: 2012
Court: United Nations Human Rights Committee
Citation: Communication no. 1303/2004
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Health care and health services, HIV/AIDS, Medicines, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of movement and residence, Right to due process/fair trial, Right to education, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
On 28 October 1997, JC (a military officer) was arrested by Zambian police for an attempted coup d’état. He was severely tortured and charged with treason. While being tortured, he was forced to sign false confessions and to implicate other military officials. Because of the torture, he was hospitalized at various times. On 31 October …Read more
M.S. v. The United Kingdom
Country: United KingdomYear: 2012
Court: European Court of Human Rights
Citation: Application no. 24527/08
Health Topics: Health systems and financing, Hospitals, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
After sounding a car horn repeatedly and behaving in a highly agitated manner, the applicant was arrested by police in Birmingham, United Kingdom. It was determined that before his arrest, the man had inflicted serious injury upon his aunt at his residence. He was detained under section 136 of the Mental Health Act, which allows …Read more
R v. DAI
Country: CanadaYear: 2012
Court: The Supreme Court of Canada
Citation: [2012] SCC 5
Health Topics: Disabilities, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The Crown alleged that the complainant, a 26-year-old woman with the mental age of a three to 6-year-old was repeatedly sexually assaulted by her mother’s partner D.A.I during the four years that he lived in their home. The Crown sought to call the complainant to testify about the alleged assaults. The trial judge found that …Read more
ZH v. The Commissioner of Police for the Metropolis
Country: United KingdomYear: 2012
Court: Central London County Court
Citation: [2012] EWHC 604 (QB)
Health Topics: Disabilities, Mental health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to liberty and security of person, Right to privacy
At the time of the events involved in the case, ZH was a sixteen-year-old boy who suffered from autism and epilepsy. ZH was taken on a pool visit where he became fixated by the water. His carers and the pool staff could not touch him because he would have reacted adversely. The pool manager called …Read more
Finogenov and Others v. Russia
Country: RussiaYear: 2011
Court: European Court of Human Rights
Citation: Application Nos. 18299/03 and 27311/03
Health Topics: Disasters and emergencies, Health care and health services, Hospitals, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to life
On 23 October 2002 a group of terrorists armed with machine-guns and explosives took hostages in the ‘Dubrovka’ theatre in Moscow. For three days, more than 900 people were held at gunpoint and the theatre building was booby-trapped with suicide bombers positioned amongst the hostages. During the three days, the terrorists made certain demands and …Read more
Fyodorov and Fyodorova v. Ukraine
Country: UkraineYear: 2011
Court: European Court of Human Rights
Citation: Application No. 39229/03
Health Topics: Aging, Informed consent, Mental health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to privacy
Two Ukrainian nationals lodged this complaint against the Ukraine under Article 34 of the Convention for the Protection of Human Rights (the “Convention”) in 2003. The applicants alleged that they were ill-treated by the police and that no effective investigations of the event took place. One of the applicants also alleged that he had been …Read more
Turdukan Zhumbaeva v. Kyrgyzstan
Country: KyrgyzstanYear: 2011
Court: United Nations Human Rights Committee
Citation: Communication No. 1756/2008
Health Topics: Mental health, Prisons, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
On 24 October 2004, TM and his wife were in custody at the local police station on a public disturbance charge following an argument in the street. While in police custody, TM died, and there was a dispute of fact as to how his death occurred. The ambulance doctor who attended the scene testified that …Read more
Baldivieso, César Alejandro s/ causa n° 4733
Country: ArgentinaYear: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Citation: B. 436. XL.
Health Topics: Controlled substances, Health care and health services, Health information, Hospitals
Human Rights: Right to bodily integrity, Right to life, Right to privacy
The plaintiff, Cesar Alejandro Baldivieso, felt sick and so he went to a public hospital were doctors found that he had ingested capsules containing cocaine. The doctors passed along this information to police officers working at the hospital. As a result of this disclosure, Baldivieso was prosecuted and found guilty of drug trafficking by the Federal …Read more
CISE Dispensers (U) Ltd. v. Executive Secretary, National Drug Authority
Country: UgandaYear: 2010
Court: Court of Appeal at Kampala
Citation: [2010] UGCA 38; Civil Appeal No. 20 of 2009
Health Topics: Controlled substances, Health systems and financing, Medicines
The appellant operated an Allied Professional Health Unit. On July 25, 2008, the respondent, accompanied by the police, entered the appellant’s premises where they “inspected, searched and impounded some drugs found thereon.” The respondent claimed that the premises was not licensed, arrested the appellant, and confiscated the impounded drugs. The High Court dismissed the applicant’s …Read more