Local remedies

Exhaustion of local remedies

Exhaustion of domestic remedies

PART THREE LOCAL REMEDIES

Consequently, domestic remedies have not been exhausted.

Procedural issues Exhaustion of domestic remedies

Procedural issues Exhaustion of domestic remedies

Local remedies do not need to be exhausted where

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.

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

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.

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.

8.5 On the issue of exhaustion of domestic remedies, the State party submits that the claims under articles 17 and 18 were not raised in the domestic proceedings, and thus domestic remedies have not been exhausted.

(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

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

Procedural issues Inadmissibility ratione materiae non exhaustion of domestic remedies

Procedural issues Non exhaustion of domestic remedies, failure to substantiate claims

The Committee also notes that the exhaustion of domestic remedies is not contested by the State party.

The complainants must further observe statutory deadlines laid down in the law while availing themselves of domestic remedies.

Procedural issues Substantiation of the alleged violation exhaustion of domestic remedies

The Committee considers that the authors have exhausted domestic remedies in relation to the claim in question.

It reiterates that the author did not exhaust domestic remedies, given that he himself mentioned his refusal to exhaust all domestic remedies in his submission dated 22 May 2001.

(e) The State alleged to be responsible has waived the requirement that local remedies be exhausted.

4.2 According to the State party, the complainant has not exhausted domestic remedies.

6.2 The State party is of the view that the communication is inadmissible because domestic remedies have not been exhausted.

As such, the allegation of torture is inadmissible for failure to exhaust domestic remedies.