internationally wrongful act depends first, on the requirements of obligation which
is said to have been breached, and secondly, whether the state party or the organs or
agents or officials committed the breach which the state party should be held
responsible of the action.”
In line with the above, it is well-established that the conduct of any organ of a state
is regarded as act of that state.
The Plaintiff contends that the Defendant did not conduct an effective investigation
as the investigation report annexed to the Defendant defence reveals that the
statement of the two police officers involved in the incident were taken at exactly
the same time. A report can only be considered detailed and impartial if parties
involved are interviewed separately. Where both parties involved in the incident are
interviewed at the same time, the whole essence of the investigation is defeated as
there would be a corroboration in the narrations.
There are no general rules as to what constitutes an effective investigation. In a case
of an alleged ill-treatment as in the present case, it is the responsibility of a State to
take necessary steps to conduct an effective official investigation. This investigation
must be carried out impartially and promptly and must consist of a comprehensive
report of all the submissions of the parties involved in the case which must be
deduced separately, the conduct/manner, the place and time the investigation was
carried out.
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