Abstract:

Most rights guaranteed by the European Convention on Human Rights entail three types of obligations of the State: (1) the negative obligation to refrain from unduly encroaching on a guaranteed right; (2) the positive obligation to take appropriate steps to safeguard a guaranteed right; and (3) a procedural obligation, which is a form of positive obligation, under which it is required to conduct an effective investigation into the alleged breach of the guaranteed right. This article analyses the origin and scope of the State’s procedural obligation under the Convention. It provides a detailed account of standards of effective investigation that have evolved through the rich case law of the Court: the standard of independence, thoroughness and adequacy, promptness and reasonable expedition, public scrutiny and the participation of the victim or the next-of-kin. The article also provides references and discusses judgments against Croatia in which the Court has addressed issues related to the effective investigation of violations of human rights.

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