Consequently, the State must institute remedies and prescribe reasonable time limits for exercising and examining them.

A court may choose not to grant a remedy to an applicant who is otherwise entitled.

In the first place, they have not availed themselves of the remedy provided under article L 781 1 of the Judicial Code, which stipulates The State is required to make good any damage caused by the improper administration of justice.

V. LEGAL REMEDIES

Remediable way?

It does not provide enforceable remedies .

6. Remedies, compensation and restitution

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.

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.

(c) Effective remedies.

A view was expressed that relief under article 15 should be limited to relief currently available under the law of the enacting State.

Persons likely to face racism and discrimination should be informed of remedies available at the international level, such as that provided by article 14 of the Convention, so that they can seek satisfaction before international bodies when domestic remedies have been exhausted.

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

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.

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.

Notes

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

As provided in the draft Model Provisions, provisional relief was not automatically granted, and the foreign representative was only given the right to apply to the court for provisional relief.

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.

Thus, Swedish law provides for effective judicial remedies in the author s situation.

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

This type of problem should be able to be solved.

(d) Remedies for breach of patent rights

National legislation should provide means by which victims can receive full remedies.

There are no further remedies available against the Government s decision.

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

Thus, while barred from pursuing this remedy now because of the expiration of statutory deadlines, the State party observes that failure to pursue the remedy in a timely manner must be attributed to the author.

5.2 In relation to the exhaustion of domestic remedies, counsel pointed out that, in accordance with the general principles of international law, the domestic remedies which must be exhausted are those which are effective, adequate or sufficient, in other words, which offer a serious chance of providing an effective remedy for the alleged violation.

Recourse proceedings, though not a remedy in themselves, make it possible to achieve a remedy.

Relief under article 17 is discretionary, as is the case with relief under article 15.

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.

The Federal Court also has authority to order the stay of an expulsion order pending consideration of an application for judicial review.

apos (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy

Relief envisaged by article 17 may be granted upon recognition of the foreign proceeding (unlike relief under article 15, which is available upon application for recognition).

It was therefore useful to leave to the court a degree of control over the termination of relief.

The last suggestion was objected to since it was implicit, by virtue of the discretionary nature of the relief under article 17, that the court would, in deciding whether to give relief and how broad should the relief be, have regard to its own law.

Article 15 deals with relief that may be ordered at the discretion of the court (similarly as relief under article 17) and is available as of the moment of the application for recognition (unlike relief under article 17, which is available upon recognition).

In the meantime, the petitioner contacted the company again and was rejected on the same grounds.

6.3 The Committee recalls that mere doubts about the effectiveness of remedies do not absolve an individual from exhausting them.

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

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

International legal remedies must be explored.

Consequently, domestic remedies have not been exhausted.