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WHAT IS STRATEGIC LITIGATION?
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
from such litigation, and then defines the frequent outcomes that are produced. Not
all ten will be relevant for every case.
The ten impacts that are included in the REDRESS impact framework are:
• Justice. For many survivors of enforced disappearance and/or their relatives, a
declaration that their rights have been violated is why they brought the case, and
the finding of a violation may be sufficient satisfaction. This can also come in the
form of a public apology.
• Truth. Courts can make definitive factual findings, which may be of crucial importance
in a campaign for accountability, as well as to ensure the individual and collective right
to know what happened to the disappeared. This can be enhanced through strong
media coverage of the case.
• Material. Specific benefits to the survivors brought about through the litigation can
include changes to their situation, employment, health care, education, and financial
and non-financial compensation. This may often include physical or psychological
rehabilitation.
• Community. Beyond the individual survivors, many others in a similar situation are
often impacted by a legal decision on a case of enforced disappearance, including by
declaring the inapplicability of impunity measures, or contributing to build a historic
record of the violations committed.
• The Movement. Litigation can energise the movement against enforced disappearance,
act as a catalyst for change, empower networks, and encourage new champions and
cases.
• Stakeholders. Strategic litigation can lead to changes in the attitudes and practice
of stakeholders such as politicians, judges, and the police, which is a pre-requisite to
change policies and laws.
• Policy. Litigation can result in commitments to change policy on enforced disappearance
(by the government, police, and courts), including financial commitments.