(e) That the individual has exhausted all available 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.

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

(vi) Relief available on recognition Model Law article 20

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

(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.

Local remedies

It followed that the petitioners have exhausted available and effective remedies before the Constitutional Court.

It argues that the petitioner has failed to exhaust domestic remedies available in criminal proceedings in three respects.

It lists a number of remedies available to the authors if undue delay is argued.

The Committee recalls that only such remedies have to be exhausted which are both available and effective.

He did not even lodge an amparo application on this issue in the Constitutional Court. In these circumstances, the Committee concludes that the authors did not exhaust domestic remedies.

Exhaustion of local remedies

Exhaustion of domestic remedies

He also claims that in having submitted his appeal against his conviction for contempt, he has exhausted all available domestic remedies.

Means of redress available to individuals

(d) All effective available domestic remedies have not been exhausted. This rule shall not apply where the application of the remedies is unreasonably prolonged.

PART THREE LOCAL REMEDIES

2. Local remedies means legal remedies which are open to an injured person before the judicial or administrative courts or bodies, whether ordinary or special, of the State alleged to be responsible for causing the injury.

VII. Victims' right to remedies

Principle 6 International and domestic 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

3.1 The complainant claims that he has exhausted all available criminal domestic remedies by having filed a complaint with the Public Prosecutor's Office.

The requirement of exhaustion of domestic remedies can be dispensed with, if the only remedies available to the complainant are without suspensive effect, i.e. remedies that do not automatically stay the execution of an expulsion order, or if there is a risk of immediate deportation of the complainant after the final rejection of his or her asylum application.

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

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.

(t) F. Remedies called for under the Committee's Views

If the State party concerned disputes the contention of the complainant that all available domestic remedies have been exhausted, the State party is required to give details of the effective remedies available to the alleged victim in the particular circumstances of the case and in accordance with the provisions of article 22, paragraph 5 (b), of the Convention.

It recalls that, in addition to ordinary judicial and administrative appeals, authors must also avail themselves of all other judicial remedies, including constitutional complaints, to meet the requirement of exhaustion of all available domestic remedies, insofar as such remedies appear to be effective in the given case and are de facto available to an author.

Exceptions to the local remedies rule

The author considers that he has exhausted all domestic remedies.

It should also provide remedies to the victims' families.

7.2 The Committee recalls that article 5 (2) (b) of the Optional Protocol requires that individual applicants must have exhausted available domestic remedies.

It is therefore essential to provide for the relevant provisions in national legislation and to inform the public of the availability of all legal remedies in the field of racial discrimination.

Remedies available to individuals who claim to have been victims of acts of torture or other cruel, inhuman or degrading treatment or punishment

4.7 Accordingly, the authors have neither exhausted domestic remedies available to them, nor demonstrated any special circumstances which might absolve them from doing so.

The complainant alleges that she has exhausted all domestic remedies.