Review article
Effective Investigation of Violations of Rights Guaranteed by the European Convention
Ksenija Turković
; Europski sud za ljudska prava
Franka Viljac Herceg
; Europski sud za ljudska prava
Abstract
Most rights guaranteed by the European Convention on Human Rights entail three types
of obligations of the State: (1) the negative obligation to refrain from unduly encroaching on
a guaranteed right; (2) the positive obligation to take appropriate steps to safeguard a guaranteed
right; and (3) a procedural obligation, which is a form of positive obligation, under which
it is required to conduct an effective investigation into the alleged breach of the guaranteed
right. This article analyses the origin and scope of the State’s procedural obligation under the
Convention. It provides a detailed account of standards of effective investigation that have
evolved through the rich case law of the Court: the standard of independence, thoroughness
and adequacy, promptness and reasonable expedition, public scrutiny and the participation of
the victim or the next-of-kin. The article also provides references and discusses judgments
against Croatia in which the Court has addressed issues related to the effective investigation of
violations of human rights.
Keywords
European Court of Human Rights; State’s procedural obligation; effective investigation; execution of judgments; war crimes
Hrčak ID:
232032
URI
Publication date:
2.12.2019.
Visits: 2.577 *