R (on the application of Al Rawi and Ors.) v. Secretary of State for Foreign and Commonwealh Affairs
Country: United KingdomYear: 2006
Court: Supreme Court of Judicature, Queen's Bench Division, Divisional Court
Citation: [2006] EWHC 972 (Admin)
Health Topics: Diet and nutrition, Mental health, Prisons, Public safety, Violence
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person
The claimants were three men detained in Guantanamo Bay prison and their families. None of the claimants were British nationals, but each had been a long-term resident of the United Kingdom and two had family members who were UK citizens. Two of the claimants were refugees who has received asylum in the UK. Whilst in …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
Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996
Country: NetherlandsYear: 1996
Court: International Court of Justice
Citation: Advisory Opinion of 8 July 1996
Health Topics: Disasters and emergencies, Environmental health, Public safety
Human Rights: Right to life
The Secretary-General of the United Nations requested an advisory opinion from the International Court of Justice on the following question: “Is the threat or use of nuclear weapons in any circumstances permitted under international law?”. The Court determined that it had the jurisdiction and competence to reply to the UN request according to Article 96, …Read more
Silva Rocha v. Portugal
Country: PortugalYear: 1996
Court: European Court of Human Rights
Citation: Application No. 82/1995/588/674
Health Topics: Mental health, Public safety
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Silva Rocha (S) was remanded in custody after a dispute with a neighbor following which the latter died. He was committed for trial on charges of aggravated homicide and illegal possession of weapons and the criminal court found in July 1990 that the established facts constituted these offences. However, it concluded from the medical evidence …Read more
M.H. v. United Kingdom
Country: United KingdomYear: 1994
Court: European Commission on Human Rights
Citation: Application No. 22162/93
Health Topics: Prisons, Public safety
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to privacy, Right to property
The applicant was serving a sentence of life imprisonment in HM Prison Stocken. He had been convicted of the murder of an elderly man in 1972 and received a mandatory sentence of life imprisonment. The applicant’s sentence was reviewed by the Parole Board in or about 1984. A release date was apparently set and he …Read more
R v Swain
Country: CanadaYear: 1991
Court: Supreme Court of Canada
Citation: [1991] 1 RCS
Health Topics: Mental health, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Swain was arrested and charged with assault and aggravated assault. Due to his bizarre conduct during the incident and at the time of his arrest, Swain was transferred from jail to a mental health centre before trial. His condition improved with medication, and he was conditionally released into the community before trial. Swain continued to …Read more