State v. Marapo
Country: BotswanaYear: 2002
Court: Court of Appeal
Citation: AHRLR 58 (BwCA 2002); Criminal Appeal No. 15/2002
Health Topics: HIV/AIDS, Infectious diseases, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The case discusses the constitutionality of a statute that denied bail to people accused of rape. Marapo was arrested and charged with rape. Under Section 142(1)(i) of the Botswana Penal Code, he was not entitled to bail before trial. Marapo brought his case to the High Court, arguing that section 142(1)(i) of the Penal Code …Read more
Prosecutor v. Kunarac (Trial Judgment)
Country:Year: 2001
Court: International Criminal Tribunal for the former Yugoslavia
Citation: IT-96-23-T & IT-96-23/1-T
Health Topics: Prisons, Violence
K, RK and V are Bosnian Serbs who were involved in a Serb campaign against Bosnian Muslims in the area of Foca between April 1992 until at least February 1993. One purpose of the campaign was to cleanse the Foca area of Muslims. In addition to the Muslim armed forces, a target to the campaign …Read more
Waitemata Health v. Attorney-General
Country: New ZealandYear: 2001
Court: Court of Appeal
Citation: [2001] NZCA 312; [2001] NZFLR 1122; (2001) 21 FRNZ 216
Health Topics: Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
The appellant, H, had a history of sexually violent behavior toward women, and he experienced his first imprisonment and compulsory treatment order in 1998. H had been receiving treatment at the Mason Clinic since prisoners were not permitted outpatient community treatment. In 1999, H completed his prison sentence, but none of his physicians initiated proceedings …Read more
R v. Mills
Country: CanadaYear: 1999
Court: Supreme Court
Citation: [1999] 3 R.C.S. 668
Health Topics: Child and adolescent health, Health care and health services, Health information, Mental health, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person, Right to privacy
M was charged with sexual offenses. Following an adjournment of M’s trial his counsel sought full disclosure of all therapeutic records and notes relating to the complainant in possession of a counseling organization. An order for partial disclosure was made and M sought further disclosure of psychiatric records. However, in the interim Bill C-46 had …Read more
R. v. Ewanchuk
Country: CanadaYear: 1999
Court: Supreme Court
Citation: [1999] 1 SCR 330
Health Topics: Violence
Human Rights: Freedom from discrimination, Right to bodily integrity
The complainant, a seventeen year old woman, was interviewed by E for a job in his van. The interview, continued in E’s trailer where he offered to display some of his products. The complainant purposely left the door of the trailer open, but E allegedly closed it in a way that made the complainant think …Read more
Reid v. Secretary of State for Scotland
Country: United KingdomYear: 1999
Court: House of Lords
Citation: [1999] 1 All ER 481
Health Topics: Hospitals, Mental health, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Hutchison Reid, the respondent, was convicted of culpable homicide in 1967. He was made the subject of a hospital order and a restriction order without any time limit under the Criminal Procedure (Scotland) Act 1955 (the Criminal Procedure Act). A restriction order under the Criminal Procedure Act could only be made if the person posed …Read more
State v. Bechu
Country: FijiYear: 1999
Court: Magistrate's Court of Fiji at Levuka
Citation: State v. Bechu, [1999] FJMC 3 (Fiji).
Health Topics: Sexual and reproductive health, Violence
Human Rights: Right to bodily integrity, Right to life
Filipe Bechu was charged with the offence of rape. The Penal Code states that “Any person who has unlawful carnal act with a woman or girl, without her consent, or with her consent if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of bodily …Read more
Aydin v. Turkey
Country: TurkeyYear: 1998
Court: European Court of Human Rights
Citation: App. No. 23178/94, 25 Eur. H.R. Rep. 251 (1998).
Health Topics: Child and adolescent health, Hospitals, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial
The applicant was a 17-year old Turkish national of Kurdish origin girl who lived with her parents in a village in south-east Turkey. Since 1985 serious disturbances had raged in this part of the country between the security forces and the members of a Kurdish separatist party. Turkey claimed that these had resulted in the deaths …Read more
National Coalition for Gay and Lesbian Equality v. Minister of Justice
Country: South AfricaYear: 1998
Court: Constitutional Court
Citation: CCT 11/98
Health Topics: Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Right to privacy
The Applicants were the South African Human Rights Commission and a coalition of 70 organizations representing lesbian, gay, bisexual, and transgender people in South Africa. They brought a constitutional challenge to various statutory provisions in South Africa criminalizing homosexual acts. The Applicants claimed that the statutes in question violated sections 9, 10 and 14 of …Read more
The Prosecutor v. Zejnil Delalic and Zdravko Mucic, Hazim Delic and Esad Landzo
Country: SerbiaYear: 1998, 2001, 2003
Court: International Criminal Tribunal for the Former Yogslavia
Citation: Judgment of the Trial Chamber, 16 November 1998, Case No. IT-96-21-T; Judgment of the Appeals Chamber, 20 February 2001, Case No. IT-96-21-A; Judgment of the Trial Chamber, 9 October 2001, Case No. IT-96-21-Tbis-R117; Judgment of the Second Appeals Chamber, 8 April 2003, Case No. IT-96-21-Abis
Health Topics: Prisons, 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 property
On 19 March 1996, an indictment was issued against the four accused ZD, ZM, HD and EL. The indictment related to the events that took place in 1992 in a prison camp near the town of Celebici in central Bosnia and Herzegovina. The accused were charged with grave breaches of the Geneva Conventions of 1949, …Read more