İLHAN v. TURKEY JUDGMENT 23 State was for this reason implied under Article 2 which guarantees the right to life (see the McCann and Others judgment cited above, pp. 47-49, §§ 157-64). This provision does, however, include the requirement that the right to life be “protected by law”. It may also concern situations where the initiative must rest on the State for the practical reason that the victim is deceased and the circumstances of the death may be largely confined within the knowledge of State officials. 92. Article 3, however, is phrased in substantive terms. Furthermore, although the victim of an alleged breach of this provision may be in a vulnerable position, the practical exigencies of the situation will often differ from cases of use of lethal force or suspicious deaths. The Court considers that the requirement under Article 13 of the Convention that a person with an arguable claim of a violation of Article 3 be provided with an effective remedy will generally provide both redress to the applicant and the necessary procedural safeguards against abuses by State officials. The Court's case-law establishes that the notion of effective remedy in this context includes the duty to carry out a thorough and effective investigation capable of leading to the identification and punishment of those responsible for any ill-treatment and permitting effective access for the complainant to the investigatory procedure (see the Aksoy judgment cited above, p. 2287, § 98). Whether it is appropriate or necessary to find a procedural breach of Article 3 will therefore depend on the circumstances of the particular case. 93. In the present case, the Court has found that the applicant has suffered torture at the hands of the security forces. His complaints concerning the lack of any effective investigation by the authorities into the cause of his injuries fall to be dealt with under Article 13 of the Convention. V. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION 94. The applicant complained that no effective remedy had been provided as required by Article 13 of the Convention, which provides: “Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.” 95. The applicant submitted, relying on the Commission's report, that the fundamental flaws in the investigation into his brother's injuries gave rise to a violation of Article 13. The public prosecutor relied exclusively and unquestioningly on the unsatisfactory and conflicting documents and information submitted by the gendarmes, without seeking to interview