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ANGUELOVA v. BULGARIA JUDGMENT
example, mutatis mutandis, İlhan v. Turkey [GC], no. 22277/93, § 63,
ECHR 2000-VII).
138. For an investigation into alleged unlawful killing by State agents to
be effective, it may generally be regarded as necessary for the persons
responsible for and carrying out the investigation to be independent from
those implicated in the events (see, for example, Güleç v. Turkey, judgment
of 27 July 1998, Reports 1998-IV, p. 1733, §§ 81-82, and Oğur v. Turkey
[GC], no. 21594/93, §§ 91-92, ECHR 1999-III). This means not only a lack
of hierarchical or institutional connection but also a practical independence
(see, for example, Ergi v. Turkey, judgment of 28 July 1998, Reports 1998IV, pp. 1778-79, §§ 83-84, where the public prosecutor investigating the
death of a girl during an alleged clash showed a lack of independence
through his heavy reliance on the information provided by the gendarmes
implicated in the incident).
139. The investigation must also be effective in the sense that it is
capable of leading to the identification and punishment of those responsible.
This is not an obligation of result, but of means. The authorities must have
taken the reasonable steps available to them to secure the evidence
concerning the incident, including, inter alia, eyewitness testimony,
forensic evidence and, where appropriate, an autopsy which provides a
complete and accurate record of injury and an objective analysis of clinical
findings, including the cause of death (see, for example, concerning
autopsies, Salman, cited above, § 106; concerning witnesses, Tanrıkulu
v. Turkey [GC], no. 23763/94, § 109, ECHR 1999-IV; concerning forensic
evidence, Gül v. Turkey, no. 22676/93, § 89, 14 December 2000).
Any deficiency in the investigation which undermines its ability to
establish the cause of death or the person responsible will risk falling foul of
this standard.
140. There must be a sufficient element of public scrutiny of the
investigation or its results to secure accountability in practice as well as in
theory, maintain public confidence in the authorities' adherence to the rule
of law and prevent any appearance of collusion in or tolerance of unlawful
acts. The degree of public scrutiny required may well vary from case to
case. In all cases, however, the next of kin of the victim must be involved in
the procedure to the extent necessary to safeguard his or her legitimate
interests (see Güleç, cited above, p. 1733, § 82, where the father of the
victim was not informed of the decisions not to prosecute; Oğur, cited
above, § 92, where the family of the victim had no access to the
investigation and court documents; and Gül, cited above, § 93; for a full
summary of the relevant case-law see McKerr v. the United Kingdom,
no. 28883/95, §§ 111-15, ECHR 2001-III).