54 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.