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A HOLISTIC APPROACH
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
A HOLISTIC APPROACH
Enforced disappearance is a particularly egregious crime that strips the disappeared of
all of their rights. The crime causes profound suffering to the relatives and friends of the
disappeared, who are left with the uncertainty of not knowing what happened to their
loved ones and whether they are still alive. Very often, this suffering extends for many
years and decades, causing great harm to individuals, families, groups and societies.
Seeking truth, justice and reparations often leads to attacks against the relatives of
the disappeared and others who support them. They can face physical attacks, arrests,
stigmatisation and smear campaigns, and other violations that in some cases result in
internal displacement and even exile. Additionally, during the investigation, victims often
experience re-victimisation by the authorities, especially where the facts are denied or
the victim is blamed for the disappearance.
Despite the above, strategic litigation in itself can bring positive relief to victims,
empowering them to act and bring change and contributing to their rehabilitation.
Practitioners must adopt a holistic approach to strategic litigation, through which all of
the needs of the survivor are provided for as they are accompanied through the process.
Accompaniment and Victim Centrality
In the context described above, lawyers and activists must work closely with survivors
and their communities to accompany them throughout strategic litigation, which can
be very lengthy.
Victims and survivors must be placed at the centre of the process, taking a leading
role in deciding the strategy and expressing their needs and expectations. Sometimes
the goals of the lawyers and the victims may not align, and it is important the victim’s
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