V. LEGAL REMEDIES

Remediable way?

6. Remedies, compensation and restitution

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.

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.

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

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.

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

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

(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.

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

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.

3.8 As to the exhaustion of domestic remedies, the author argues, with respect to the pending civil complaint, that a victim is only required to pursue one remedy to exhaustion (that is, the criminal complaint), even if other remedies are available.

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 Government also indicated that Saadi Bouslimani had not exhausted all domestic remedies available to him and that some of these remedies were still available.

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 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

Otherwise, he would be left without any remedy.

When recommending a remedy, the Committee observes that

Boris. Look here, we must do something about this foreground piece.

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.

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.

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

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.

With this it is submitted that all domestic remedies are exhausted.

Remedial actions complaint handling and quasi judicial functions

(6) A court granting relief to the foreign representative may condition such relief on compliance by the foreign representative with the orders of the court.

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

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.

Questions were raised as to whether the relief provided in article 12 was of a permanent or a temporary nature.

That Mr. Barbaro was not informed of potential judicial remedies by the judicial authorities of South Australia did not absolve him from seeking to pursue avenues of judicial redress.

However, it is the Committee's constant jurisprudence that the rule of exhaustion applies only to the extent that those remedies are effective and available.