occurring under their responsibility (See ANGUELOVA Vs. BULGARIA( 2002)
ECHR 38361/97.
For an investigation into alleged killing by State agents to be effective, the persons
responsible for carrying out the investigation must be independent and impartial
in Law and Practice (See GULEC Vs. TURKEY (1998) ECHR 21593/ 93.
In the instant case there was a Senate Committee convened by the Legislative Arm
of the Defendant to investigate the circumstances and events that led to this case
which considered submissions from various persons and groups and presented a
report. While not castigating the report of the Committee, it is worthy of note to
state that it did not make any specific finding as to the legality of the killings. It
also appeared to have relied heavily on the submission of State agents in most
respects lacking in any concrete evidence without question.
Above all, the National Human Rights Commission, an independent body
established under the law of the Defendant to investigate cases of violation of
human rights occurring within the territory of the Defendant, made submissions
before the Committee which tended to contradict the testimonies of the agents of
the Defendant, but curiously no reliance was placed on these statements of fact.
The Commission itself recommended the payment of compensation, having found
that the grounds for the killings were largely unfounded. The Defendant did not
deem it necessary to comply with any of them.
The Court, based on the evidence before it, finds that the procedural requirements
of International Law with regard to extra- judicial killings were not complied with
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents