FEDERAL vs. Commissioner (South Island Prisons), 06-1982 CC

Appeal by SIP from the Supreme Court. FEDERAL sued South Island Prisons for alleged inhumane treatment of inmates at its Lovetown National Penitentiary facility. Although SIP did not deny the specifics of the treatment, it contested that its treatment of inmates was well within the law, and argued that the "Right to Life" enshrined in the Constitution (Chap. 2 Sec. 1) applied only to not killing or attempting to kill. The Supreme Court found in favor of FEDERAL and ordered SIP policies changed. SIP appealed to the Constitutional Court, which decided that the right does not only encompass not being killed by others or the government, but also bodily integrity and the ability to live without duress. The Court recognized that a "right to dignity" is also considered as part of this right. The appeal was thus dismissed, however, the Court added that SIP be forced to pay millions in damages to several inmates upon their release.