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WHAT IS STRATEGIC LITIGATION?
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
Broader impact. This case (together with the Barrios Altos case) resulted in the
reversal of the amnesty laws in Peru, contributing to the fight against impunity
in this and many other cases in the country. The case led to the conviction of
former President Alberto Fujimori and that of four high ranking members of “Grupo
Colina”. Finally, the case became emblematic in Latin America and beyond, in the
fight against impunity for cases of enforced disappearance, particularly on the
inapplicability of amnesty laws to such cases.
Legal and Non-Legal Techniques
To be most effective, strategic litigation should take into account the national context
in which the violations take place, and should include a wide range of legal and nonlegal techniques. This approach can ensure that, regardless of the result of legal claims,
collective efforts contribute to achieving the long-term objectives of the campaign against
enforced disappearances.
Filing a case and issuing a press release does not make a case strategic. Casework must
be combined with other civil society techniques such as public education, advocacy at
the national and international level, activism and media work. Since an organisation
might not have the capacity to deploy all of these techniques, working in coalition with
others can yield better results.
Some of the tools often used to conduct strategic litigation challenging enforced
disappearance are:
• Legal claims. In many African countries, there is an official denial that enforced
disappearances take place. In addition to contributing to the impacts mentioned in
the previous section, preparing legal claims to a courtroom standard creates a body of
persuasive evidence that can quickly make it difficult for those denials to have any credibility.
• National advocacy. Advocacy at the national level can highlight the existence of a
practice of enforced disappearances. Additionally, public awareness and publicity can
often prevent the materialisation of the crime.