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
Antonio Tavares Pereira, et al. v. Brazil
Country: BrazilYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 96/09, Petition 4-04
Health Topics: Violence
Human Rights: Freedom of association, Freedom of movement and residence, Right to bodily integrity, Right to life
Fifty buses worth of landless rural workers attempted to protest in Paraná’s capital for agrarian reform as large amounts of the rural lands in the state were owned by a few landholders. The caravan was intercepted by military police. When passengers got off one of the buses to inquire what was happening, the military police …Read more
Ngobe Indigenous Communities v. Panama
Country: PanamaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 75/09, Petition 286-08, August 5, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Public safety, Violence, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to a clean environment, Right to due process/fair trial, Right to liberty and security of person, Right to participation, Right to property, Rights to the benefits of culture
In May 2007, the State of Panama, without community consultation, granted a concession for the construction of a hydroelectric dam within the traditional lands of an indigenous community, the Ngöbe. Although the construction of the dam was still in its initial stages at the time the petition was filed, the petitioner alleged that the work …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
Richard Conrad Solorzano Contreras v. Guatemala
Country: GuatemalaYear: 2009
Court: Inter-American Commission on Human Rights
Citation: Report No. 103/09, Petition 581-03, October 29, 2009; OEA/Ser.L/V/II., Doc. 51, corr. 1, 30 December 2009
Health Topics: Health care and health services, Hospitals, Medical malpractice, Violence
Human Rights: Right to due process/fair trial, Right to health
Richard Solórzano Contreras was stabbed in the neck near his home in Guatemala from where his brother rushed him to the state hospital. Solórzano Contreras’s father, the petitioner, alleged that at the hospital the doctor and nurses did not perform any operations to try to save his son’s life. Rather, they “merely cleaned the wound, …Read more
Stuart v. Kirkland-Veenstra
Country: AustraliaYear: 2009
Court: High Court
Citation: 237 CLR 215; 83 ALJR 623; 254 ALR 432; [2009] HCA 15
Health Topics: Mental health
Human Rights: Right to bodily integrity
In this matter two police officers and the State of Victoria were being sued by Tania Kirkland-Veenstra, the spouse of a man who committed suicide. The claim was a breach of their statutory duty of care to both herself and the deceased. The two police officers found Mr. Veenstra in a park, where he was …Read more
Tolipkhuzhaev v. Uzbekistan
Country: UzbekistanYear: 2009
Court: United Nations Human Rights Committee
Citation: Comm. No. 1280/2004, U.N. Doc. CCPR/C/96/D/1280/2004 (HRC 2009)
Health Topics: Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to life
The case is about the failure of the State, which was party to International Covenant on Civil and Political Rights (“ICCPR”) and its Optional Protocol, to ensure the individuals’ rights to a fair trial (Article 14), the right to life (Article6), the rights of detainees (Article 10), and freedom from torture and other ill-treatment (Article …Read more
2008Hun-Ka23
Country: South KoreaYear: 2008
Court: Constitutional Court
Citation: 22-1(A) KCCR 36
Health Topics: Prisons, Public safety, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to liberty and security of person, Right to life
The petitioner was charged with murder of four people and the sexual assault of three women. The Gwangju District Court sentenced the petitioner to the death penalty in accordance with Article 250 Section 1 of the Criminal Act and Article 10 Section 1 of the Former Special Act on Punishment of Sex Crimes and Victim …Read more
Manneh v. The Gambia
Country: The GambiaYear: 2008
Court: Court of Justice of the Economic Community of West Africa States
Citation: (2008) AHRLR 171 (ECOWAS 2008)
Health Topics: Health care and health services, 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
Plaintiff alleged that his arrest and continued detention without trial by the National Intelligence Agency of The Gambia violated his rights under the following articles 6 (right to personal liberty), 4 (right to life), 5 (prohibition of torture and cruel, inhuman and degrading treatment), and 7 (right to fair trial) of the African Charter on …Read more
Smith v. Sussex Police
Country: United KingdomYear: 2008
Court: Court of Appeal, Civil Division
Citation: [2008] EWCA Civ 39
Health Topics: Violence
Human Rights: Right to life
S, who was attacked and seriously injured by his former partner J, brought a claim of negligence against the Sussex police on the grounds that he had repeatedly told them that J had threatened to kill him but they had failed to act on this evidence. The judge at first instance, while denying that the …Read more