The Government argued that the investigation conducted by the domestic authorities into the applicant’s allegations of ill-treatment had been thorough and effective. 37.

    The Court observes at the outset that the present case falls to be examined from the perspective of the State’s obligation to conduct an effective investigation under the procedural limb

The court which has the right and the obligation to conduct the proceedings can and indeed must then decide whether the examination of some parts of the appeal by hearing only counsel is necessary or reasonable

    In view of these circumstances, the Court concludes that the domestic authorities did not fulfil their obligation to conduct an effective investigation into the applicant’s complaint of ill-treatment

    Although the investigation had been conducted in a manner conducive to allowing the authorities to recover the evidence and establish the facts, on account of the passage of the long period

Pointing out that courts were under an obligation to conduct proceedings involving the deprivation of liberty expeditiously and in view of the fact that the accused had already been held in custody for

concluded within a reasonable time and held that it was not compatible with the obligation to carry out prompt investigations.

Nevertheless, as it has held in previous cases, that does not preclude his complaint in relation to Article 3 from being “arguable” for the purposes of the positive obligation to investigate (see Böke

    The Government submitted that the obligation to conduct an effective investigation was an obligation of means, but not of results.

This is not an obligation of result, but one of means.

The applicant further maintained that the domestic authorities had failed in their obligation to conduct an effective investigation into his allegations.     2.

    The obligation to conduct an effective investigation is an obligation not of result but of means .

à main et en provoquant l'arrêt de ce dernier, n'a pas, faute de disposer de la maîtrise de ce véhicule ou d'un pouvoir de commandement sur son conducteur, lui-même la qualité de conducteur ; qu'en conséquence

    In a number of cases, Article 3 of the Convention was found to give rise to a positive obligation to conduct an official investigation (see Assenov and Others v.

  The various expert opinions did not in the Court's opinion suffice to call in question the danger of suspicion, and there was no violation of the principle of proportionality or of the obligation

1989, relatifs à la sécurité des navires et réglementant les conditions d'utilisation des véhicules nautiques à moteur, ne remettent nullement en cause l'obligation pour le conducteur d'un navire à moteur

when the statutory prescribed period in which a creditor could have claimed fulfilment of an obligation has expired. ...”

had been sustained at the hands of   the police, the prosecutor should have displayed particular diligence and the availability of civil proceedings for damages did not absolve him from the obligation

They further complain under Article 2 of the Convention that the Russian Federation failed to discharge its obligation to conduct an effective investigation into the killing of their relatives and to bring