ERGI JUDGMENT OF 28 JULY 1998 21 illustrated by the cases of Godinez Cruz v. Honduras (judgment of 20 January 1989, paragraphs 136, 140–41) before the Inter-American Court of Human Rights and Bleir v. Uruguay before the United Nations Human Rights Committee (Doc. A/37/40, p. 130, § 13.3). 72. In the alternative, the applicant maintained that if there had been a clash between the PKK and the security forces, the latter must be regarded as having carried out an ambush which had not been planned and conducted with the requisite care to protect the civilian population. The evidence described in the Commission’s report showed that the security forces which, according to the official view, should have been firing in a north northeasterly or north-easterly direction had been firing in a north-westerly direction, between 60 and 90 degrees away from the only legitimate target. Havva Ergi could only have been killed by a shot fired from that direction. Many shots had been fired by the security forces south of the village into the centre of the village. The applicant’s sister had been killed as a result of random and indiscriminate firing by the security forces, which had repeatedly fired in a direction significantly different from the source of the alleged threat. Therefore, the applicant asked the Court to confirm the Commission’s finding that his sister had been killed as a result of an operation which had neither been planned nor implemented with the requisite care for the lives of the civilian population. 73. Furthermore, the applicant asked the Court to confirm the Commission’s finding that there was no adequate and effective investigation into the killing of his sister. He maintained that the procedural requirements of Article 2 had been violated in four respects. Firstly, the respondent State had failed in its duty to carry out effective investigations, both at the judicial level, by the public prosecutor, and at the internal level, by the gendarmerie. Secondly, the National Security Court prosecutor had taken no action to have the Ergani public prosecutor disciplined or punished for dereliction of duty, having submitted an inadequate report or to have the deficiencies in the case file remedied. Thirdly, the district gendarmerie commander had not carried out any investigation either. Fourthly, the rules of engagement and the training of the security forces had not been adequate to prevent random and indiscriminate firing in violation of Article 2. (c) The Government 74. The Government submitted that the security forces had been deployed so as not to cause damage to the village and that the bullet which had killed Havva Ergi had not been fired by the security forces (see paragraphs 16–17 above). While not contesting that there had been an ambush operation, they stressed that this had not been directed against the applicant’s sister or the village. An ambush in this region afflicted with PKK terrorism was a routine operation designed to safeguard villagers’