The Government firstly submitted that they had not been under any obligation to conduct compulsory screening of the applicant for the presence of HCV.

QUI LUI ETAIT FAITE DE S'ASSURER EN CAS DE DEPASSEMENT QU'AUCUN PIETON N'ETAIT ENGAGE SUR LE PASSAGE PREVU A SON INTENTION ; MAIS ATTENDU QU'APRES AVOIR OBSERVE A JUSTE TITRE QUE L'OBLIGATION FAITE

She maintained that the respondent State had not fulfilled its obligation to conduct effective criminal proceedings capable of ensuring adequate protection within the framework of Articles 2 and 3 of the

An obligation to investigate is not an obligation of result, but of means (see Paul and Audrey Edwards v. the United Kingdom , no.   46477/99, §   71, ECHR 2002 ‑ II). 61.

However, there were important shortcomings in the conduct of the investigation. 71.

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

to protect the applicant against the risk of disappearance; and (2)     their alleged failure to comply with the procedural obligation to conduct a thorough and effective investigation into

circumstances and to the identification and punishment of those responsible”, and the Committee's consistent position that there is a continuing obligation to conduct effective investigations inasmuch

March 2015 the applicants lodged an individual application with the Constitutional Court, complaining that the national authorities, including the Administrative Court, had failed to fulfil their obligation

In that case, the Court found that all of the domestic decisions advanced by the Government related to substantive rights and not to the rights arising from the State’s positive obligation to conduct an

    The Court reiterates that Article 3 of the Convention gives rise to a positive obligation to conduct an official investigation where an individual raises an arguable claim of ill-treatment

    The Court notes 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 of

    However, the positive obligation is to be interpreted in such a way as not to impose an excessive burden on the authorities, bearing in mind in particular the unpredictability of human conduct

Those positive obligations, which often overlap, consist of: (a) the obligation to prevent ill-treatment of which the authorities knew or ought to have known (see, for example, Đorđević v.

KlimaSeniorinnen Schweiz and Others • Approach and general principles in the Court’s case-law concerning the environment and in Verein KlimaSeniorinnen Schweiz and Others applied mutatis mutandis • Procedural obligation

The Government finally submitted that the domestic authorities fulfilled their obligation to conduct an effective investigation into the death of Cemal Uçar. B.

    In the light of the above principles and having regard to the Government’s obligations under Article 38 § 1 (a) of the Convention, the Court has examined the Government’s conduct in the present

The Constitutional Court reiterated that the State had an obligation to conduct an effective investigation under Article 2 of the Convention where there were reasons to believe that a person had died in

Thus the obligation to conduct the proceedings expeditiously had not been disregarded.