65.
Similarly, in the case of AMINATA DIAI{TOU DIANE v. REPUBLIC OF
MALI ECW/CCJ/J[]D/ 14/ I B @ pS. l4 urceported, the Court held that:
"Where a Statefails to conduct inquiry into specific violations, with the
expected outcome
of ensuring that
the perpetrators are brought to
book, it constitutes a proof of lack of commitment on the part of such
State,
for
taking appropriate measures to address the violations at
stake; that the absence of inquiry in such an instance makes the State
b
66.
lamab le for default on its international
r espons ib il
ity
"
.
The Court equally aligns itself with the position of the European Court in
SHAVADZE v. GEORGIA (supra), where it held that:
ffictive investigation into unlmaful or
suspicious deaths is well established in the Court's case-lqw. Even
"The obligation to carry out an
where there may be obstacles or dfficulties which prevent progress in
an investigation in a particular situation, a prompt response by the
authorities is vitalfor maintainingpublic confidence in their adherence
to the rule of law and in preventing any appearance of collusion in or
tolerance of unlawful acts. In order to comply with the requirements
of
Article 2 of the Convention, the investigation must be effective in the
sense that
it is capable of leading to the establishment of the relevant
facts and to the identification and, if appropriate, punishment of those
responsible. This is an obligation which concerns the means to be
employed and not the results to be achieved. The authorities must take
reasonable steps available to them to secnre the evidence concerning
an incident,
inter alia, eyewitness testimony, forensic
evidence and, vvhere appropriate, an autopsy which provides a
complete and accnrate record of injury and an objective analysis of
including,
%{k-