The plaintiffs are two non-profit organizations, the British Columbia Civil Liberties Association and the John Howard Society of Canada. The plaintiffs challenged the constitutionality of sections 31-33 and 37 of the Corrections and Conditional Release Act (CCRA), which authorized administrative segregation of inmates in federal prisons. Section 31 provided that the purpose of administrative segregation …Read more

Petitioners, by means of a writ petition, challenged Section 377 of the Indian Penal Code (‘IPC’), which made “carnal intercourse against the order of nature” a criminal offense punishable with life imprisonment. Petitioners argued that homosexuality, bisexuality, and other sexual orientations are equally natural and reflective of expression of choice and individuals should have the …Read more

The Applicant, a UK citizen born in 1947, alleged that the seclusion policy (“Policy”) of Ashworth Special Hospital (“Ashworth”), the maximum security hospital where he was committed for a mental illness, violated the European Convention on Human Rights. After several instances of incarceration and hospitalization on account of various mental health issues, the applicant was …Read more

Mr. Hadzic and Mr. Suljic were detained in the Psychiatric Annex of Zenica Prison. Each claimed that their detention was unlawful under Article 5, section 1 of the European Convention on Human Rights (“Convention”), which protects the right to liberty and security of person They argued that the Annex was not an appropriate institution for …Read more

The plaintiff argued that the Sentence Execution Code of Latvia, Sec. 74 (2)(the “impugned regulation”) which prohibited convicted persons in solitary confinement from having walks violated his constitutional right to health.  In April 2009, the parliament had amended the impuged regulation, allowing for daily  one-hour walks, but such amendment was not set to come into …Read more

Colonel Munjaz sought judicial review of Mersey Care NHS Trust’s (Mersey Care) policy on the seclusion of patients detained at the hospital. He claimed that the policy violated both domestic law and the European Convention on Human Rights (ECHR), as incorporated into United Kingdom law by the Human Rights Act 1998 (HRA). Colonel Munjaz was …Read more

The Applicants were four Afghani children who arrived in Australia with their parents as “unlawful non-citizens” (a person who is in the migration zone who is not an Australian citizen and who does not hold a valid visa) according to the Migration Act 1958 (the Act). The family was placed in immigration detention pursuant to …Read more

The applicant brought an action on behalf of her mentally ill son, Mark Keenan, who killed himself in prison, alleging the State was in violation of Articles 2 (right to life), 3 (prohibition of torture) and 13 (right to an effective remedy) of the European Convention. The applicant alleged that her son, who was known …Read more

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

Loayza Tamayo (L) had allegedly been confined in a tiny prison cell for twenty-three and a half hours a day for one year. The Inter-American Commission on Human Rights had requested provisional measures whereby Peru would be requested to end her solitary confinement and incommunicado detention and to return her to the pavilion of the prison …Read more