Strategic litigation is the identification and pursuit of legal cases as part of a strategy to promote human rights. It focuses on an individual case in order to bring about broader social change. These cases set important legal precedents by publicly exposing injustices, raising awareness and bringing about changes in legislation, policy and practice. Strategic litigation can have a lasting impact on a large number of people at the national, regional or international level.
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TRIAL International believes it is not enough to litigate cases that would only bring justice to individual victims: what is needed is systemic change for all victims of the same crimes. In countries where gross human rights violations are committed and impunity is the norm, the only way to durably improve the victims’ situation is to use all available legal avenues, not only at the national level, but also at the regional and international levels.
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The objectives of TRIAL International’s strategic litigation are:
Creating progressive jurisprudence by setting innovative legal precedentsEnsuring that national laws are correctly interpreted and enforcedTriggering reforms in national laws, policies and practices going against human rights standardsStrengthening and clarifying international and regional standardsEnabling individuals to seek remedies for the harm suffered
TRIAL International works in partnership with local and international organizations and lawyers to litigate the cases. Together with these partners, the organization selects cases on the basis of several criteria, including:
TRIAL’s mandate, expertise and potential added value to the caseThe exemplary nature of the case nationally and/or internationallyThe innovative nature of the chosen legal remedyThe number of victims affectedThe likelihood of winning the caseThe impact of a positive decision and the potential backlash of a negative outcome
On the basis of this selection, TRIAL International and its partners submit criminal cases before domestic courts, and human rights cases before regional and international human rights bodies. The organization is also breaking new legal ground by taking on cutting-edge issues such as economic crimes and universal jurisdiction.
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International Criminal Court: TRIAL International does not demand the referral of the s…
27.05.2020
Democratic Republic of the Congo
On 25 and 26 May 2020, several Congolese media reported that TRIAL International demanded a referral to the Internationa…
Smuggling of Libyan gasoil : criminal complaint filed against Swiss trader
23.05.2020 – (Last modified: 22.05.2020)
Libya
On 21 May 2020, TRIAL International filed a criminal complaint (“dénonciation pénale”) for complicity in pillage against…
News
African Commission and Court: exploring new avenues for Burundian victims
12.02.2020
Burundi
The African Commission and Court on Human and People’s Rights are regional mechanisms to protect the fundamental freedom…
Cases
Torture in DRC prisons: ending the conspiracy of silence?
02.09.2019
Democratic Republic of the Congo
A historic verdict in the Democratic Republic of Congo (DRC) highlighted a widespread practice: the use of torture in pr…
Democratic Republic of the Congo
On 1 March 2019, a new chapter opened in the Sheka trial: the victims of this warlord, who has terrorized North Kivu, st…
Cases
Nepal: Double victory before the United Nations
24.04.2017
Nepal
In two cases led by TRIAL, the UN Human Rights Committee recognized – again – Nepal’s failing to deliver justice to its…
Cases
Judicial reparations for the Mutarule massacre
23.02.2017 – (Last modified: 18.07.2018)
Democratic Republic of the Congo
After many months of silence, the verdict for the crimes committed in Mutarule has finally been made public. The massac…
Training
Equal rights for victims, regardless of where they are
15.02.2017
Bosnia & Herzegovina
Significant victories have been achieved on victims’ right to reparation. Unfortunately, that right is unevenly applied…
News
Democratic Republic of the Congo
An interview with Guy Mushiata, Human Rights expert in the DRC TRIAL: Once again, the DRC is making the internatio…
Morocco: the fight against impunity requires more than promises
29.09.2016 – (Last modified: 23.02.2017)
Morocco
A recent decision of the Committee against Torture confirmed that States must do much better than vague promises to uph…
Cases
Democratic Republic of the Congo
The trial for the massacre of Mutarule opened on 12 August 2016 and has been the theatre of tensions, resulting in del…
News
Tunisia: Victory at the UN for a torture victim
14.06.2016 – (Last modified: 10.11.2016)
Tunisia
Last month, the United Nations Committee Against Torture condemned Tunisia for the torture of Canadian-Tunisian national…
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