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WHAT IS STRATEGIC LITIGATION?
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
• Legal. Litigation can bring changes in legal standards, whether through case law or
legislation, such as the criminalisation of enforced disappearance in national criminal
codes.
• Governance. Litigation can trigger practical changes to the relevant procedures,
budgets, and institutions, although this tends to take time.
• Social. Beyond the specific case, litigation can result in changes in the tolerance of
and response to enforced disappearances and/or other human rights violations in the
country or region concerned.
See the Practice Note on Evaluation of Impact for more information on this framework.
Case study: La Cantuta (Peru)
Facts. Enforced disappearance in 1992 of nine students and one professor at the
National University (“La Cantuta”), in Peru. The crime was committed during the
internal armed conflict in Peru by the “Grupo Colina”, an affiliated body of the
National Intelligence Service.
Legal Action. The relatives of the victims sought justice in Peru, but due to the
amnesty laws in place, those responsible for the enforced disappearances were
released. The relatives then decided to take the case before the Inter-American
Commission on Human Rights, and later to the Inter-American Court of Human
Rights. The Court issued a landmark judgement in 2006 in favour of the victims.
Other civil society techniques. After the disappearance of the victims, their relatives
and the organisations supporting them launched a national and international
campaign seeking justice and the truth about the fate of their loved ones, involving
communications, advocacy, demonstrations, and public events, among others.
Impact for the victims. As an outcome of the case before the Inter-American
Court, the relatives of the disappeared in La Cantuta were awarded material and
non-material reparations, a public apology, a public memorial site, and other forms
of reparations.