Supporting Fair & Robust Trials

Joining legal proceedings

Includes resources used to join court cases and decisions from cases where community advocates have joined proceedings to support individuals and/or ensure key arguments are made.

Sample Medical Affidavit

Sample Medical Affidavit for use in court cases (pages 13-16 in Ending and Defending Against HIV Criminalization: A Manual For Advocates. Vol 2: A Legal Toolkit Resources for Attorneys Handling HIV-Related Prosecutions).

Legal resources: amicus brief, reply brief, opening brief

Legal drafting resources including amicus briefs, reply brief and opening brief (pages 10-11 in Ending and Defending Against HIV Criminalization: A Manual For Advocates. Vol 2: A Legal Toolkit Resources for Attorneys Handling HIV-Related Prosecutions).

Mpofu/Mlilo vs State, Constitutional Court of Zimbabwe

Challenges Section 79 of the Zimbabwe Criminal Law (Codification and Reform) Act 23 of 2004, with the court deciding the provision was overly broad and unconstitutionally vague.

Pity Mpofu Samukelisiwe Mlilo v The State, Consitutional Court of Zimbabwe

On appeal, the Consitutional Court of Zimbabwe decided the only defence to prosecution is disclosure of known or potential HIV infection and suggested people with HIV can be discriminated against by the law if the reason is to protect public health.

Factum of the Interveners at the Supreme Court of Canada: R v. Mabior and R v. D.C.

Questions whether the offence of aggravated sexual assault can and should be established for HIV non-disclosure in circumstances where, in the Interveners’ submission, there is no “significant risk” of transmission because of factors that dramatically reduce that risk, such as the use of condoms or an undetectable or low viral load

Amicus Curiae brief of Lambda Legal Defense and Education Fund, Inc., Community AIDS Resource and Education Services, Michigan Positive Action Coalition, and Michigan Protection and Advocacy Service Inc.

Urges court to drop a bioterrorism charge against an HIV positive man who bit his neighbour during an argument, explaining the facts about HIV transmission risk. The bioterrorism charges were dropped.

Brief Amicus Curiae of American Academy of HIV Medicine, Association of Nurses in AIDS Care, Center for HIV Law and Policy, HIV Medicine Association, and Lambda Legal Defense and Education Fund Inc., in Support of Defendant-Appellant David Plunkett

Principle witness requests that testimony be withdrawn and that the case be reviewed.

Judgment On Section 24 Of The HIV and AIDS Prevention and Control Act

Outlines the AIDS Law Project’s suit (Petition No. 97 of 2010) against the Attorney General and Director of Public Prosecutions regarding the constitutionality of section 24 of HIV and AIDS Prevention and Control Act. The court found that some terms were too broadly defined and that Act contravened Kenya’s constitution.

Aids Law Project v Attorney General & 3 others [2015]

Contains the High Court of Kenya’s decision in the AIDS Law Project’s suit against the Attorney General and Director of Public Prosecutions regarding the constitutionality of section 24 of HIV and AIDS Prevention and Control Act. The court found the some terms were too broadly defined and that Act contravened Kenya’s constitution.