21 LEGAL AVENUES TOWARDS JUSTICE FOR ENFORCED DISAPPEARANCE IN AFRICA PRACTICE NOTE 5 STRATEGIC LITIGATION OF ENFORCED DISAPPEARANCES IN AFRICA Civil Claims Victims can also pursue civil litigation seeking to prevent enforced disappearances and get a determination of responsibility, restitution, and other forms of reparation. Civil claims have different procedural rules depending on the jurisdiction, but the burden of proof in civil claims is generally lower than in criminal cases, requiring the individual to prove by a balance of probabilities that violations occurred. Case study: Disappearance of Jestina Mukoko (Zimbabwe) Facts. In December 2008, Jestina Mukoko, a Zimbabwean journalist and human rights activist, was forcibly disappeared from her home. A week after Jestina’s disappearance, the Zimbabwean High Court ordered the police to conduct an investigation, but the police did not comply with the court order. Jestina remained disappeared for three months until she was released on bail. Legal Action. Following Jestina’s release, Zimbabwe Lawyers for Human Rights and Zimbabwe Peace Project took legal action against the State in relation to Jestina’s disappearance. The State did not carry out any prosecution of individuals responsible for Jestina’s disappearance. Impact. In 2017, the High Court of Zimbabwe ruled that those who had illegally arrested Jestina could be held liable in their own individual capacities. The High Court ordered the Zimbabwean State to pay monetary compensation for the abduction, incommunicado detention and torture that Jestina suffered at the hands of State officials. Human Rights Claims Lawyers representing victims of enforced disappearance can also consider regional and international human rights claims as avenues for strategic litigation. These typically require that domestic proceedings have been exhausted in the national jurisdiction, unless it can be shown that judicial remedies were not effective or that