ÇAKICI v. TURKEY JUDGMENT 21 2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: (a) in defence of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for the purpose of quelling a riot or insurrection.” A. Arguments of those who appeared before the Court 1. The applicant 82. The applicant referred to the Commission’s findings that his brother Ahmet Çakıcı had been ill-treated during an unacknowledged detention and that the authorities had claimed that he was dead as disclosing a very strong probability that his brother had died in circumstances for which the authorities were responsible. The applicant submitted that in respect of detained persons a government assumed a special obligation for their safety and their right to life and that there was a positive obligation on them to account for the detainee and produce him alive. Further, once it was determined that a suspicious death had occurred, there was an obligation on the State to conduct a thorough and effective investigation. In the present case, the public prosecutor took no steps even to investigate the claimed finding of Ahmet Çakıcı’s body. This was part of a systematic failure by public prosecutors to discharge their obligations under the Convention. 2. The Government 83. The Government submitted that Article 2 could not be properly invoked in the present case, relying, inter alia, on the Court’s approach in the Kurt case (Kurt judgment cited above, p. 1182, § 107), where there was found to be a lack of concrete indications that the applicant’s son had met his death during his unacknowledged detention. The Government also referred to the McCann case (McCann and Others v. the United Kingdom judgment of 27 September 1995, Series A no. 324) as demonstrating the applicability of Article 2 in circumstances where the security forces were established as having caused the death of the person concerned, which, they argued, was not the position in this case. They repeated their criticisms of any findings which relied on the inconsistent statements of the applicant and Mustafa Engin concerning the alleged detention or ill-treatment of Ahmet Çakıcı.