Posts in Case Notes 13- Prison/Conditions of Detention
Supreme Court of Victoria finds that random urine testing, and associated strip searches, are incompatible with human rights

Minogue v Thompson [2021] VSC 56 (16 February 2021)

The Victorian Supreme Court has found that whilst being held in prison, a person’s right to privacy and the right to be treated with dignity while deprived of liberty under the Charter of Human Rights and Responsibilities Act 2006 (Vic) were violated when he was subjected to random drug and alcohol testing and a strip search before providing a urine sample for such testing. While Justice Richards found that Dr Minogue’s Charter rights were breached, Her Honour is yet to make orders on relief.

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Case Notes, Case Notes 13- Prison/Conditions of Detention, Case Notes 14- Privacy, Case Notes Supreme Court of Victoria, Victorian charter of human rightsAnnaFordycePrisoner Rights, Privacy, Human Rights Law & Institutions
Cindy Miller inquest – summary of findings

Inquest into the death of Cindy Leigh Miller (COR 2018/1782)

On 22 January 2021, the Coroner handed down his findings in the inquest into the death of Ms Cindy Leigh Miller in the Coroner’s Court of Queensland.

Ms Miller died in custody at the Ipswich Watchhouse on 21 April 2018. Ms Miller’s cause of death was ‘mixed drug toxicity’. The Coroner found that it took police at the Watchhouse well over an hour to realise that Ms Miller was unresponsive.

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Case Notes, Case Notes 13- Prison/Conditions of Detention, Case Notes 17- Remand/BailAnnaFordycePrisoner Rights
Court of Appeal of Supreme Court of Victoria decision holds that Charter of Rights relevant to jury deliberations but not to damages

Gebrehiwot v State of Victoria [2020] VSCA 315

The Court of Appeal of the Supreme Court of Victoria considered the application of the Charter of Human Rights and Responsibilities Act 2006 (Vic) to jury deliberations and damages, in an appeal relating to claims of false imprisonment and battery against Victoria Police.

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Case Notes 13- Prison/Conditions of Detention, Case Notes Supreme Court of Victoria, Victorian charter of human rightsAnnaFordycePolice
Federal Court orders Government to remove man from immigration detention centre due to serious risk of COVID-19

BNL20 v Minister for Home Affairs [2020] FCA 1180

In August, the Federal Court ordered the Minister for Home Affairs to urgently remove an elderly man with multiple health conditions from a Melbourne immigration detention centre to guard against the serious risk of COVID-19 infection.

The man was 68 years old and suffered from health issues including type-2 diabetes and high cholesterol, which meant he was at high risk of severe disease or death if he were to contract COVID-19.

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Case Notes 10- Immigration/Asylum, Case Notes 13- Prison/Conditions of DetentionAnnaFordyceRefugee & Asylum Seeker Rights
High Court finds Nauru Tribunal unreasonable to refuse protection application without hearing from the applicant

TTY167 v Republic of Nauru

The High Court of Australia has decided that Nauru's Refugee Status Review Tribunal (Tribunal) acted unreasonably in refusing the appellant's protection application after the appellant failed to appear before the Tribunal at a scheduled hearing. 

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Case Notes 10- Immigration/Asylum, Case Notes 13- Prison/Conditions of DetentionGuest UserRefugee & Asylum Seeker Rights
European Court of Human Rights finds Lithuania and Romania committed human rights violations due to involvement in the CIA’s rendition program

Abu Zubaydah v Lithuania (European Court of Human Rights, Application No. 4654/11, 31 May 2018)  

Al Nashiri v Romania (European Court of Human Rights, Application No. 33234/12, 31 May 2018)

The Chamber of the European Court of Human Rights (Court) held, in two separate decisions, that Lithuania and Romania both committed violations of the European Convention on Human Rights (Convention) due to their compliancy in the United States Central Intelligence Agency’s (CIA) rendition program.

The applicants in both cases were suspected of involvement in carrying out terrorist attacks and were detained by the CIA. It was alleged that Lithuania and Romania, respectively, had allowed the CIA to transport the applicants into their jurisdiction, where they had been subjected to torture and arbitrary detention by the CIA.

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Case Notes 13- Prison/Conditions of DetentionGuest UserCounter-terrorism
Inadequate Treatment and Restraint of Person with Schizophrenia a Violation of Prohibition on Torture

Kucheruk v Ukraine [2007] ECHR Application No 2570/04 (6 September 2007)

The applicant, a man with chronic schizophrenia, was convicted of theft and hooliganism.  The Ukraine Court suspended the criminal proceedings against him committing him first for psychiatric treatment.  He was subsequently detained in the medical wing of a pre-trial detention centre for a month before being transferred to a specialised facility.  While detained, he was subjected to the practices of restraint and seclusion.

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Case Notes, Case Notes 13- Prison/Conditions of Detention, Case Notes 2007, Case Notes European Court of Human Rights, Case Notes InternationalMichelleBennettDisability & Mental Health
Strip Searching may Constitute Torture or other Cruel, Inhuman or Degrading Treatment or Punishment

Frerot v France [2007] ECHR Application No 70204/01 (12 June 2007)

In a judgment handed down on 12 June 2007, the European Court of Human Rights held that particular strip searches conducted on the applicant violated the prohibition on degrading treatment in art 3 of the European Convention on Human Rights (‘ECHR’).  Further, certain restrictions placed on the applicant’s correspondence violated the right to privacy protected by art 8 of the ECHR.

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Case Notes, Case Notes 13- Prison/Conditions of DetentionMichelleBennettPrisoner Rights, Human Rights Law & Institutions