20 LEGAL AVENUES TOWARDS JUSTICE FOR ENFORCED DISAPPEARANCE IN AFRICA PRACTICE NOTE 5 STRATEGIC LITIGATION OF ENFORCED DISAPPEARANCES IN AFRICA LEGAL AVENUES TOWARDS JUSTICE FOR ENFORCED DISAPPEARANCE IN AFRICA Habeas Corpus A writ of habeas corpus (or similar legal remedy) is used to bring a detained person before a judge/court to determine if the person’s detention is lawful. As such, habeas corpus and amparo reviews are key to get information on the whereabouts of detainees, ensure their right to personal liberty and prevent the commission of enforced disappearances. Criminal Investigation and Prosecution The most appropriate remedy in cases of enforced disappearance is a criminal investigation. The investigation must be aimed at establishing the circumstances in which the crime was committed and the identity and degree of involvement of those responsible, and at obtaining a criminal prosecution, trial and eventual punishment of all the perpetrators of an enforced disappearance. The obligation to investigate an enforced disappearance is an international obligation under human rights treaties (including the ICPPED), and also under customary international law. This means that all African States, regardless of whether they have ratified the ICPPED, must carry out a prompt, impartial and independent investigation when an enforced disappearance takes place. While the obligation to investigate lies with the State, lawyers and activists accompanying the victims often push for domestic prosecution of enforced disappearances. In such cases, lawyers work with victims, gather evidence of the crime, report the crime, and/or provide evidence to national authorities where appropriate. Lawyers have a role in supporting victims through the process and, in certain cases, in representing victims as civil parties in criminal proceedings.