Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition In 1998, a Protocol to establish an African Court of Human Rights was adopted. This came into force in 2004 and started to operate in 2006. The first judgement was issued by the Court in 2009. The Court can examine complaints submitted by: • the Commission • the State party which has lodged a complaint to the Court • the State party against which a complaint has been lodged • the State party whose citizen is a victim of a human rights violation • African intergovernmental organizations. The African Court can also examine complaints from NGOs and individuals if the State concerned has made a declaration to accept this. 3.1.3. The Inter-American system The Inter-American human rights system has two procedures: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Complaints to the Commission can be based on the American Convention on Human Rights or on fundamental human rights standards, especially the American Declaration on the Rights and Duties of Man. The latter would apply if the State involved in the complaint was not a party to the Convention. In addition, the Commission has responsibility for monitoring adherence to the Inter-American Convention to Prevent and Punish Torture. Complaints can be referred to the Court only if: • they concern a State party to the Convention, and • the State party has accepted the jurisdiction of the Court. 3.2. The role of NHRIs in the regional complaint mechanisms NHRIs can make use of regional complaints mechanisms in a number of ways. They can assist individuals to submit complaints or they can file cases directly. They can also present amicus curiae briefs. In addition, NHRIs can seek affiliated or accredited status before regional mechanisms to present evidence and advocate their views. Insights from practice: In April 2008, the Irish Human Rights Commission, on behalf of the European Group of NHRIs, submitted an amicus curiae brief to the European Court of Human Rights in the case of DD v. Lithuania. This was the first such application before an international Court made by a regional grouping of NHRIs. Following on from this submission, the European Group of NHRIs developed a procedure for monitoring cases before the European Court of Human Rights. Cases involving priority areas of concern dealing with systemic human rights issues are now tracked and reviewed on a periodic basis, helping identify strategic cases suitable for an amicus curiae intervention. Where a case meets these criteria, the Irish Commission on Human Rights, as Chair of the regional group, refers the case to the relevant NHRI of the respondent State, or to the European Group if no NHRI exists in that country. 102