ERGI JUDGMENT OF 28 JULY 1998 27 suspected of the killing, without having taken statements from members of the victim’s family, villagers or any military personnel present during the operation (see paragraphs 28–43 above). This being so, it had not been apparent from the incident report in question or the sketch map that it was the PKK which had fired the bullet which killed the applicant’s sister. In addition, the report itself had been drafted by a gendarmerie commander, İsa Gündoğdu, who had not himself been present during the clash (see paragraph 35 above) and who had stated that he was unaware of the identity of any of the officers or units involved and that his information as to what occurred was derived from apparently brief coded radio transmissions (see paragraph 36 above). However, the public prosecutor had not investigated the circumstances surrounding the killing of Havva Ergi and for that reason could not have been apprised of these documents. 84. Nor was any detailed consideration given by either the district gendarmerie commander or the public prosecutor to verifying whether the security forces had conducted the operation in a proper manner. Although Ahmet Kuzu had stated to the delegates that the operations should as far as possible not be planned in or about civilian areas and that in the instant case the plan had been to restrict the activity to the north of the village, it would appear that no inquiry was conducted into whether the plan and its implementation had been inadequate in the circumstances of the case (see paragraph 45 above). 85. In the light of the foregoing, the Court, like the Commission, finds that the authorities failed to carry out an effective investigation into the circumstances surrounding Havva Ergi’s death. It is mindful, as indicated in previous judgments concerning Turkey, of the fact that loss of life is a tragic and frequent occurrence in the security situation in south-east Turkey (see, for instance, the above-mentioned Aydın and Kaya judgments, respectively at paragraphs 14 and 91). However, neither the prevalence of violent armed clashes nor the high incidence of fatalities can displace the obligation under Article 2 to ensure that an effective, independent investigation is conducted into the deaths arising out of clashes involving the security forces, more so in cases such as the present where the circumstances are in many respects unclear (ibid.). (iii) Overall conclusion 86. Having regard to the above considerations, the Court finds that the Turkish authorities failed to protect Havva Ergi’s right to life on account of the defects in the planning and conduct of the security forces’ operation and the lack of an adequate and effective investigation. Accordingly, there has been a violation of Article 2 of the Convention.