STRASBOURG'S U-TURN on INDEPENDENCE AS PART of AN EFFECTIVE INVESTIGATION under ARTICLE 2

Research output: Contribution to journal › Journal article › Research › peer-review

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STRASBOURG'S U-TURN on INDEPENDENCE AS PART of AN EFFECTIVE INVESTIGATION under ARTICLE 2. / Kukavica, Jaka; Fikfak, Veronika.

In: Cambridge Law Journal, Vol. 74, No. 3, 30.10.2015, p. 415-419.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Kukavica, J & Fikfak, V 2015, 'STRASBOURG'S U-TURN on INDEPENDENCE AS PART of AN EFFECTIVE INVESTIGATION under ARTICLE 2', Cambridge Law Journal, vol. 74, no. 3, pp. 415-419. https://doi.org/10.1017/S0008197315000860

APA

Kukavica, J., & Fikfak, V. (2015). STRASBOURG'S U-TURN on INDEPENDENCE AS PART of AN EFFECTIVE INVESTIGATION under ARTICLE 2. Cambridge Law Journal, 74(3), 415-419. https://doi.org/10.1017/S0008197315000860

Vancouver

Kukavica J, Fikfak V. STRASBOURG'S U-TURN on INDEPENDENCE AS PART of AN EFFECTIVE INVESTIGATION under ARTICLE 2. Cambridge Law Journal. 2015 Oct 30;74(3):415-419. https://doi.org/10.1017/S0008197315000860

Author

Kukavica, Jaka ; Fikfak, Veronika. / STRASBOURG'S U-TURN on INDEPENDENCE AS PART of AN EFFECTIVE INVESTIGATION under ARTICLE 2. In: Cambridge Law Journal. 2015 ; Vol. 74, No. 3. pp. 415-419.

Bibtex

@article{e65b589357bc4da39d20001f0fde0e0c,
title = "STRASBOURG'S U-TURN on INDEPENDENCE AS PART of AN EFFECTIVE INVESTIGATION under ARTICLE 2",
abstract = "AFTER McCann and Others v the United Kingdom (Application no. 18984/91) (1995) ECHR 31, in which the European Court of Human Rights first read into Article 2 the procedural obligation of effective investigation, Mustafa Tun{\c c} and Fecire Tun{\c c} (Application no. 24014/05), 14 April 2015, is perhaps one the most interesting decisions on the nature of the obligation to conduct an effective investigation in the Court's recent history. The Court, through its case law, has clarified that, when individuals have been killed by the state or a private party, the Contracting Parties have to undertake an investigation under Article 2, which has to be independent, adequate, prompt, and publicly scrutinised. It has been unclear, however, whether the element of independence had to meet criteria similar to those under Article 6, which guarantees a fair trial, or whether a lower standard was sufficient for an investigation to be considered effective in the context of Article 2. The Strasbourg court went back and forth on the issue (even adopting an absolutist approach in Al-Skeini and Others v the United Kingdom (Application no. 55721/07) (2011) ECHR 1093) and it was not until Mustafa Tun{\c c} that the issue of independence under Article 2 was addressed head-on.",
author = "Jaka Kukavica and Veronika Fikfak",
year = "2015",
month = oct,
day = "30",
doi = "10.1017/S0008197315000860",
language = "English",
volume = "74",
pages = "415--419",
journal = "Cambridge Law Journal",
issn = "0008-1973",
publisher = "Cambridge University Press",
number = "3",

}

RIS

TY - JOUR

T1 - STRASBOURG'S U-TURN on INDEPENDENCE AS PART of AN EFFECTIVE INVESTIGATION under ARTICLE 2

AU - Kukavica, Jaka

AU - Fikfak, Veronika

PY - 2015/10/30

Y1 - 2015/10/30

N2 - AFTER McCann and Others v the United Kingdom (Application no. 18984/91) (1995) ECHR 31, in which the European Court of Human Rights first read into Article 2 the procedural obligation of effective investigation, Mustafa Tunç and Fecire Tunç (Application no. 24014/05), 14 April 2015, is perhaps one the most interesting decisions on the nature of the obligation to conduct an effective investigation in the Court's recent history. The Court, through its case law, has clarified that, when individuals have been killed by the state or a private party, the Contracting Parties have to undertake an investigation under Article 2, which has to be independent, adequate, prompt, and publicly scrutinised. It has been unclear, however, whether the element of independence had to meet criteria similar to those under Article 6, which guarantees a fair trial, or whether a lower standard was sufficient for an investigation to be considered effective in the context of Article 2. The Strasbourg court went back and forth on the issue (even adopting an absolutist approach in Al-Skeini and Others v the United Kingdom (Application no. 55721/07) (2011) ECHR 1093) and it was not until Mustafa Tunç that the issue of independence under Article 2 was addressed head-on.

AB - AFTER McCann and Others v the United Kingdom (Application no. 18984/91) (1995) ECHR 31, in which the European Court of Human Rights first read into Article 2 the procedural obligation of effective investigation, Mustafa Tunç and Fecire Tunç (Application no. 24014/05), 14 April 2015, is perhaps one the most interesting decisions on the nature of the obligation to conduct an effective investigation in the Court's recent history. The Court, through its case law, has clarified that, when individuals have been killed by the state or a private party, the Contracting Parties have to undertake an investigation under Article 2, which has to be independent, adequate, prompt, and publicly scrutinised. It has been unclear, however, whether the element of independence had to meet criteria similar to those under Article 6, which guarantees a fair trial, or whether a lower standard was sufficient for an investigation to be considered effective in the context of Article 2. The Strasbourg court went back and forth on the issue (even adopting an absolutist approach in Al-Skeini and Others v the United Kingdom (Application no. 55721/07) (2011) ECHR 1093) and it was not until Mustafa Tunç that the issue of independence under Article 2 was addressed head-on.

UR - http://www.mendeley.com/research/strasbourgs-uturn-independence-part-effective-investigation-under-article-2

U2 - 10.1017/S0008197315000860

DO - 10.1017/S0008197315000860

M3 - Journal article

VL - 74

SP - 415

EP - 419

JO - Cambridge Law Journal

JF - Cambridge Law Journal

SN - 0008-1973

IS - 3

ER -

ID: 229031251