Local remedies

Exhaustion of local remedies

Exhaustion of domestic remedies

PART THREE LOCAL REMEDIES

Principle 6 International and domestic remedies

VII. Victims' right to remedies

VICTIMS' RIGHT TO REMEDIES

Victims' right to remedies

Consequently, domestic remedies have not been exhausted.

Procedural issues Exhaustion of domestic remedies

Procedural issues Exhaustion of domestic remedies

The State party recalls that the author did not avail himself of these remedies, and thus did not exhaust domestic remedies.

(b) The claim is one to which the rule of exhaustion of local remedies applies and any available and effective local remedy has not been exhausted.

Local remedies do not need to be exhausted where

International legal remedies must be explored.

Draft article 14 Exhaustion of local remedies

They state that they have exhausted all domestic remedies.

Exceptions to the local remedies rule

The author considers that he has exhausted all domestic remedies.

(i) Exhaustion of domestic remedies This criterion requires that an author of a communication must have exhausted all available domestic remedies before bringing a communication under the international procedure.

The view was also expressed that, when defining criteria for exceptions to the exhaustion of local remedies rule, available remedies should not a priori be called into question.

The complainant alleges that she has exhausted all domestic remedies.

That complaint had been rejected on grounds of non exhaustion of domestic remedies.

Substantive issues Failure to exhaust domestic remedies burden of proof

2.8 The petitioner argues that he has exhausted domestic remedies.

Domestic remedies thus proved ineffective and inadequate.

Growth of the Committee's caseload under the Optional Protocol

The author thus contends to have exhausted all domestic remedies.

Procedural issues Non exhaustion of domestic remedies lack of substantiation

He says that domestic remedies have been exhausted, as described above.

Procedural issues Adequate substantiation of the alleged violation exhaustion of domestic remedies

It argues that the author has not exhausted domestic remedies.

(f) Steps taken by the complainant to exhaust domestic remedies

(e) That the individual has exhausted all available domestic remedies.

People needed to be informed of their right to a remedy so that they could benefit from it, including regional and international rights to a remedy if the efforts to obtain a remedy at the national level had been exhausted.

The author denies that the other remedies referred to by the State party are effective or were available to her.

(e) The individual concerned has not exhausted all effective domestic remedies available.

Thus, the case is inadmissible for failure to exhaust domestic remedies.

Thus, the Committee considers that the petitioner has exhausted domestic remedies.

In respect of those individuals, therefore, domestic remedies have not been exhausted.

Draft article 16 Exceptions to the local remedies rule

Finally, he has exhausted all legal remedies open to him.

Criminal penalties where necessary and civil remedies in cases of domestic violence.

Another remedy available to him would have been a constitutional complaint.

The Committee considers that, in relation to those incidents, the author did exhaust all domestic remedies.