In any event, given the grave nature of the case, only a criminal remedy can be considered effective and sufficient and thus necessary to exhaust.

With this, it is submitted, domestic remedies have been exhausted.

It is further argued that domestic remedies are ineffective in practice and would fail to offer the authors any protection or any remedy.

Procedural issues Exhaustion of domestic remedies

Procedural issues Non exhaustion of domestic remedies

In the event of acquittal, there is no remedy available to the prosecution.

2.2 It is contended by counsel that constitutional remedies are not, in practice, available to the author, who lacks financial means.

4.6 Counsel submits that the authors should be deemed to have complied with the requirement of exhaustion of domestic remedies, since available judicial remedies are clearly ineffective.

It observes that the author has not submitted that such remedies are ineffective or that such remedies would be unreasonably prolonged.

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

3.8 It is submitted that all domestic remedies have been exhausted.

2.4 The complainant argues that he has exhausted domestic remedies.

4.13 The State party maintains that the complainants have not exhausted the domestic remedies available to them and have not demonstrated that such remedies would be unreasonably prolonged or unlikely to bring effective relief.

The complainant alleges that she has exhausted all domestic remedies.

With that, it is submitted, domestic remedies have been exhausted.

V. LEGAL REMEDIES

Remediable way?

Neither did they request the Czech authorities through inter State legal assistance procedure to interview the complainant.

It states that the petitioners have not filed any complaints with the domestic authorities or made any requests for protection.

The author thus contends to have exhausted all domestic remedies.

They state that they have exhausted all domestic remedies.

4.3 Thirdly, the State party argues that domestic remedies were not exhausted.

6. Remedies, compensation and restitution

(a) that all available domestic remedies have been exhausted and

8.4 Concerning the State party's arguments that on going negotiations might provide an effective remedy, the Committee referred to its jurisprudence that remedies that must be exhausted for the purposes of the Optional Protocol are, primarily, judicial remedies.

2.2 It is contended by counsel that constitutional remedies are not, in practice, available to the author, who lacks financial means.

6.5 With respect to the requirement of exhaustion of domestic remedies, the Committee recalls that only such remedies have to be exhausted which are both available and effective.

Procedural issues Non exhaustion of domestic remedies lack of substantiation

(a) that all available domestic remedies have been exhausted and

3.5 On exhaustion of domestic remedies, the author submits that a complaint to the Supreme Court would have been futile, in the light of its jurisprudence on similar cases, and that no other remedies are available to him under Dutch law.

3.4 The authors consider that they have exhausted domestic remedies, as no recourse to the courts is available to them.

(c) Effective remedies.

The State party argues that the exception to the rule of exhaustion of domestic remedies, i.e. unreasonable prolongation of remedies does not apply in the present case, since, given the dates of the above mentioned decisions, and considering the complexity of the case and the necessary research, the application of domestic remedies has not been unreasonably prolonged.

4.9 The State party concedes that the author was not obliged to exhaust local remedies which are ineffective or objectively have no prospect of success.

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

Such awareness is an essential prerequisite for effective remedies, and without effective remedies we will not be able to assess the extent of progress, or the lack of it, towards the realization of the Goals.

Ms. García (Paraguay) said that there were two legal remedies in Paraguay for cases of domestic violence Act No. 1600 on domestic violence represented the civil remedy, while the Penal Code represented the criminal remedy.

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

Procedural issues Inadmissibility ratione materiae non exhaustion of domestic remedies

Notes

The reason is that relief under article 15 (as well as article 17) is discretionary and there is, therefore, no need to make the issuance of the discretionary relief subject to exceptions and limitations contained in the law of the enacting State.

5.2 On the issue of exhaustion of domestic remedies, the author states that no further remedies are available.

Other remedies available to the victim include access to administrative and other bodies, as well as mechanisms, modalities and proceedings conducted in accordance with domestic law.

(b) Take measures to minimize the inconvenience to victims and their representatives, protect against unlawful interference with their privacy as appropriate and ensure their safety from intimidation and retaliation, as well as that of their families and witnesses, before, during and after judicial, administrative, or other proceedings that affect the interests of victims

Accordingly, he has failed properly to exhaust domestic remedies in relation to these two issues.