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DRAFTING EFFECTIVE LEGAL COMPLAINTS
TO REGIONAL AND UN BODIES
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
DRAFTING EFFECTIVE LEGAL
COMPLAINTS TO REGIONAL AND
UN BODIES
Human rights complaints allow individuals who have suffered enforced disappearance
and other human rights violations to have their cases heard by the relevant regional
and international bodies. These include the ACHPR, the ACtHPR, the ECOWAS Court
and the UN Treaty bodies and Special Procedures of the Human Rights Council.
Each mechanism has its own procedural requirements, as well as advantages and
disadvantages that should be considered when choosing which jurisdiction could be
more appropriate in a specific case.
Effective human rights claims rely on persuasive and clear legal writing, as well as
well-organised evidence.
Human rights claims generally contain the following sections:
a) Basic personal information about the victim alleging the violations, i.e. name,
date of birth, nationality, gender;
b) Name of the State party against whom the complaint is filed;
c) Summary of the claim, highlighting the main arguments the victim is presenting,
including what the case is about and the summary of the main violations under
the respective treaty;
d) Facts on which the complaint is based, ideally chronologically presented;
e) Admissibility section, highlighting the steps the victim has taken within the
domestic judicial or administrative system to exhaust domestic remedies;
f) Arguments/Law section, which addresses the main arguments as to why the facts
and evidence amount to specific violations;
g) Remedies section, focusing on reparations that the victim is seeking to redress
the violations they endured;
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