ABSTRACT
The basic rule is that an applicant must make use of all judicial or administrative avenues that offer him a reasonable prospect of redress: Patino v Panama; Thompson v Panama. This chapter examines the jurisprudence of the Committee in order to discover what essential preconditions have been imposed by the Committee on the invocation of this ground of inadmissibility. The Committee was dissatisfied with this explanation and requested further information and clarification, inter alia, as to whether the alleged victim had been informed of and afforded an effective opportunity to invoke article 112(2) of the Code of Criminal Procedure. In some cases the Committee has condoned a failure to petition the Privy Council. The constant view of the Committee that domestic remedies must, in principle, be available and effective before exhaustion of them is required is entirely consistent with the generally recognised rules of international law.
