37
DRAFTING EFFECTIVE LEGAL COMPLAINTS
TO REGIONAL AND UN BODIES
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
a) The individual must show that the domestic remedies have been exhausted,
proving that the victim has used judicial or administrative avenues within the
domestic system. This requirement does not apply before the ECOWAS Court;
b) The claim must be filed within a reasonable time after the exhaustion of domestic
remedies;
c) There are exceptions that allow the victim to file a claim without the exhaustion
of domestic remedies, including when the victim can prove that there are no
domestic remedies, or that these are futile, and where unreasonable or excessive
delays take place.
The legal section should outline specifically the rights that the individual claims
were violated within the respective treaty. This section should also outline the legal
standard and show how the allegations meet that standard. Further, the claim should
outline the evidence and facts to support the claims of human rights violations.
The remedies section highlights the reparations that victim seeks for the violations.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents