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A practical guide to the Istanbul Protocol – for lawyers
c. The Guidelines and Measures
for the Prohibition and Prevention of Torture, Cruel, Inhuman or
Degrading Treatment or Punishment in Africa (The Robben Island
Guidelines)
has set up a legal aid scheme for applicants
who do not have sufficient means.
The ‘Robben Island Guidelines’ were adopted
at the 32nd session of the African Commission in October 2002. The Guidelines encourage ratification of regional and international instruments prohibiting torture, and
urge States to cooperate with the African
Commission on Human and Peoples’ Rights
and its Special Rapporteurs as well as the
United Nations Human Rights treaty bodies
and thematic and country-specific special
procedures. Significantly, the Guidelines set
out a range of practical measures for States
to undertake that are aimed at eradicating
torture, such as: putting in place safeguards
to prevent torture; ending impunity for alleged perpetrators; and assisting survivors.
• The complaint cannot be anonymous
• The complaint must relate to the conduct
of a State that has ratified the European
Convention, and the conduct in question
must have occurred after the ratification
• All domestic remedies must have been
exhausted, or it must be demonstrated
that such remedies would have been ineffective
• The complaint must be filed within six
months from the date on which domestic
remedies were finally exhausted
• The complaint cannot be incompatible
with the provisions of the Convention or
manifestly ill-founded or an abuse of the
right of application
• Furthermore, Article 35 (2) (b) of the Convention specifies that the Court cannot
deal with an application that is “substantially the same as a matter that has
already been examined by the Court or
has already been submitted to another
procedure of international investigation
or settlement and contains no relevant
new information”
• The Court has detailed forms and explanatory materials that explain what information must be supplied when filing a
complaint.
2. THE EUROPEAN SYSTEM
FOR PROTECTION OF HUMAN
RIGHTS
a. The European Court of Human
Rights
The European Court of Human Rights was
established pursuant to the European Convention for the Protection of Human Rights
and Fundamental Freedoms, which entered
into force in September 1953, as amended
by Protocol No. 11. Any Contracting State or
individual claiming to be a victim of a violation of the Convention may lodge a claim
alleging a breach of any of the Convention
rights. Individual applicants may submit applications themselves, but legal representation is recommended, and even required for
hearings or once an application has been
declared admissible. The Council of Europe
Admissibility
In order for a claim to be admissible before
the Court, the following conditions must be
satisfied:
Examination on the merits
Once a case is determined to be admissible,
the Court will put itself at the disposal of the
parties to pursue a friendly settlement and/
or proceed to a determination of the merits of the complaint. The Court will, on the
basis of the evidence provided and through
public hearings, make a finding as to the
merits of the complaint and a judgment will
be issued.
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