ERGI JUDGMENT OF 28 JULY 1998 30 particular in the sense that its exercise must not be unjustifiably hindered by the acts or the omissions of the authorities of the respondent State (see the Aksoy v. Turkey judgment of 18 December 1996, Reports 1996-VI, p. 2286, § 95, and the above-mentioned Aydın and Menteş and Others judgments at pp. 1895–96, § 103, and p. 2715, § 89, respectively). However, Article 13 applies only in respect of grievances under the Convention which are arguable (see, for instance, the Boyle and Rice v. the United Kingdom judgment of 27 April 1988, Series A no. 131, p. 23, § 52). Whether that was so in the case of the applicant’s claims under Article 2 has to be decided in the light of the particular facts and the nature of the legal issues raised. 97. In this regard, the Court notes that the Commission agreed with the submissions of the applicant that, given the south-facing position of the balcony and the position of the neighbouring houses, in particular a high wall to the east, it had been probable that the bullet which killed Havva Ergi had been fired from the south or south-east (see paragraph 40 above). The Government had not contested this. Furthermore, having regard to the failure of the Government to provide requested documents and information, the Commission had found that strong inferences could be drawn supporting the applicant’s allegations that the security forces had opened fire around the village for some time and that units of the security forces had been present towards the south. The Commission also found that there was significant evidence indicating that the bullet may have been fired by the security forces (see paragraph 41 above). In view of the foregoing considerations, the Court finds that there can be no doubt that the applicant had an arguable claim for the purposes of Article 13. 98. As to the further question whether the requirements of this provision were complied with, the Court recalls that the nature of the right which the authorities were alleged to have violated in the instant case, one of the most fundamental in the scheme of the Convention, must have implications for the nature of the remedies which must be guaranteed for the benefit of the relatives of the victim. In particular, the notion of an effective remedy for the purposes of Article 13 entails, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible and including effective access for the relatives to the investigatory procedure (see, mutatis mutandis, the above-mentioned Aksoy and Aydın judgments at p. 2287, § 98, and pp. 1895–96, § 103, respectively). Seen in these terms the requirements of Article 13 are broader than a Contracting State’s procedural obligation under Article 2 to conduct an effective investigation (see paragraph 82 above). Against this background, the Court recalls its findings above that the authorities failed to carry out an effective investigation into the circumstances surrounding the death of Havva Ergi. In the view of the