The right to life by Douwe Korff

By Douwe Korff

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The United Kingdom, judgment of 4 May 2001, § 92, emphasis added, with reference to the Turkish/Kurdish cases of Salman v. Turkey, Grand Chamber judgment of 27 June 2000, para 100, Çakıcı v. Turkey, Grand Chamber judgment of 8 July 1999, § 85, Ertak v. Turkey, judgment of 9 May 2000, § 32 and Timurtaş v. Turkey, judgment of 13 June 2000, § 82. The passage is repeated verbatim in § 103 of the judgment of 4 May 2001 in Hugh Johnson v. the United Kingdom, another case of a killing in Northern Ireland, heard on the same day as Kelly.

Original comment] 123. g. Kaya v. Turkey, judgment of 19 February 1998, § 87. Use of lethal force by agents of the State NO. 124 • Any deficiency in the investigation which undermines its ability to establish the cause of death or the person responsible will risk falling foul of this standard. 125 • It must be accepted that there may be obstacles or difficulties which prevent progress in an investigation in a particular situation. However, a prompt response by the authorities in investigating a use of lethal force may generally be regarded as essential in maintaining public confidence in their adherence to the rule of law and in preventing any appearance of collusion in or tolerance of unlawful acts.

153 As to the investigations into the killings, the Court noted that although they had been formally opened, little evidence of progress had been produced by the Government. In the case of Haşim Yaşa, the authorities had carried out an autopsy, obtained an expert ballistics report and heard three witnesses, including the deceased’s son. But no evidence of further action or progress had been produced, despite requests from the Commission. The only explanation offered by the Government was that the investigation took place in the context of the fight against terrorism, and required complex cross-checking with other cases.

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