22 LEGAL AVENUES TOWARDS JUSTICE FOR ENFORCED DISAPPEARANCE IN AFRICA PRACTICE NOTE 5 STRATEGIC LITIGATION OF ENFORCED DISAPPEARANCES IN AFRICA there was undue delay. However, some human rights mechanisms are willing to accept claims directly without exhausting domestic remedies, such as the Economic Community of West African States' (ECOWAS) Court of Justice. Reverse Burden of Proof. When submitting human rights claims related to enforced disappearance, the victim bears the burden of proof to show a prima facie case of enforced disappearance. This requires the victim to present ‘an arguable case’, including arguments and some evidence showing that the victim has been subjected to enforced disappearance. The burden of proof shifts to the State in a number of contexts, including when: a) The specific enforced disappearance can be linked to a widespread or systematic practice of the State to use enforced disappearances, which follows an identifiable pattern. In those instances, if the victim (his/her relatives or representatives) can show that the case fits that context and pattern, a presumption exists that the person has been disappeared and it is for the State to clarify the whereabouts of the victim. b) When the disappeared victim was last seen under the control of the State or in a State-run detention facility or location. c) When the State is not contesting the crime of enforced disappearance, has control over the evidence of enforced disappearances, and fails to investigate or provide information on the whereabouts of the disappeared. Enforced disappearance is a continuous violation of several fundamental rights - some of which are non-derogable - enshrined in many human rights treaties. Enforced disappearance engages the following human rights: • Right to life • Right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment