The Obligation to Conduct an Effective Investigation – International Standards and Practice

Abstract

International and regional documents for the protection of human rights do not explicitly prescribe the duty to investigate human rights violations, this positive obligation is derived from accepted obligations. However, the investigation must satisfy certain general criteria. International and regional human rights practice reveals numerous terms used to describe the necessary qualities of investigation. The European Court of Human Rights’ practice introduced the concept of “effective investigation”, which underscored the necessity of conducting investigations of a particular quality. The concept is primarily associated with criminal investigation. The European Court of Human Rights’ practice illustrates the most advanced and gradual evolution of the concept’s scope. Initially, obligation was associated with the investigation of the actions of state actors and the right to life. The obligation to effectively investigate is currently linked to a variety of human rights, private actor actions, the investigation of non-violent acts of limited gravity, and discriminatory motives. The European Court of Human Rights established broad and interrelated criteria for the evaluation of the effectiveness of investigations. The precise interpretation of this obligation is contingent upon the specific circumstances, the alleged perpetrators, the offense, and the human rights at issue.