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Custodial violence

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2009 (JinNa) No. 9

The plaintiff father was granted sole custody of his child in divorce proceedings in Wisconsin, USA. The defendant mother took the child to Japan. The plaintiff father sued for custody at the Osaka High Court. The court found in favor of the defendant mother because the father had a history of violence, the child lives a stable life and had many friends in Japan, and the child desired to live with the defendant mother.

A.Sh., et al. v. Switzerland

A.Sh., his wife Z.H. and their children, ethnic Chechens of the Muslim faith with Russian citizenship were residing in Switzerland and awaiting deportation to the Russian Federation.  A.Sh.’s brother-in-law was a leader of a Chechen insurgent group who went into hiding.  A.Sh. helped his sister and was arrested and beaten for collaborating with insurgents.  He left the Russian Federation with his eldest son for Switzerland.  When the police searched for him, they interrogated Z.H.

Abromchik v. Belarus

Abromchik attended a peaceful assembly on 19 December 2010 with friends in Minsk following the announcement of presidential election results.  After the event, when she and her friends were stopped by a special unit of riot police and tried to escape, they were blocked and beaten.  An officer punched her on the leg with a rubber truncheon several times.  She realized she had a broken leg and told the police officer.  She was not taken to the hospital for several hours.  She made a complaint to the prosecutor of Minsk about the unlawful actions of the police.  S

African Institute for Human Rights and Development (on behalf of Sierra Leonean Refugees in Guinea) v. Republic of Guinea

In a radio speech, President Lasana Conté of Guinea called on the citizens and armed forces of Guinea to engage in mass discrimination against Sierra Leonean refugees in Guinea. This allegedly resulted in numerous human rights violations against the refugees, including the widespread rape of Sierra Leonean women in Guinea. According to the complaint, Sierra Leonean women were raped as a way to "punish them for being so-called rebels." The soldiers and civilians used weapons to intimidate and threaten the women.

Aydin v. Turkey

The applicant was allegedly tortured and raped while in the custody of the State security forces although according to the Government reports, she and the other members of her family were never detained. They filed a complaint to the Public Prosecutor who sent them to the State hospital for a medical examination, resulting in a perfunctory report not focusing on whether the applicant had in fact been raped. The Public Prosecutor thereupon reported to the Principal State Counsel that there was no evidence to support the applicant's complaints but the investigation was continuing.

Balan Subramaniam A/L Ponnudurai (Appellant) v. Public Prosecutor (Respondent)

Appellant burned down his house, along with his wife Angeladevi, and his daughters Malini and Anuradha. Angeladevi and Anuradha died as a result, and Malini survived. Angeladevi gave an oral dying declaration and Anuradha gave a written dying declaration to the effect that the Appellant (Angeladevi’s husband and Anuradha’s father) was the person who set them on fire. Angeladevi’s declaration was given to the medical personnel who attended to the woman at the hospital, and Anuradha’s declaration was given to the police.

Burton v. State

Dubreuil proceedings (state legal proceedings used to compel a pregnant woman to undergo medical confinement, treatment, and procedures against her wishes for the benefit of the unborn fetus) were initiated against Burton on a finding that she had ignored her physician’s recommendations, creating a high-risk pregnancy that may result in the death of her baby. A Florida circuit court ordered Burton to forced medial treatment and confinement in a hospital until delivery.

Case of Y.F. v. Turkey

The applicant alleged that the forced gynecological exam of his wife constituted a breach of Article 8 of the Convention. The Government argued that the exam was carried out with the consent of both the applicant and his wife. The Court found that the interference with the woman’s right to physical integrity was not “in accordance with law” because the Government failed to demonstrate a medical necessity or circumstanced defined by law for an exam, and there was the question of consent.

Decisión 845 de octubre 1, 2013

This decision resolved to implement the content of the ‘United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders,’ known as the ‘Bangkok Rules.’ The incorporation of such rules seeks for the creation of public policies aimed to eliminate discrimination against convicted women, establish legal protection of women’s rights in courts, and promote equality between women and men before the Justice Administration System.

Deepa a/p Subramaniam (Appellant; Husband) v. Viran a/l Nagapan (Respondent; Wife)

The Appellant and the Respondent were married in 2003 under the Law Reform (Marriage and Divorce) Act 1976, and they have two children. In 2012, the Appellant converted to Islam, as well as his children. Pursuant to his conversion, the Appellant applied for the dissolution of the marriage of the Serembian Syariah High Court (the Syariah Court), which is the Islamic Religious Court. In September 2013, the Syariah Court granted custody order to the Appellant with visitation rights and access to the Respondent.

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