Page:SECOND ANNUAL REPORT 2001 – 2002.pdf/25



In this Report, the Ombudsperson found that the investigation by the competent authorities into the shooting of S.A. on 3 February 2000 and her subsequent death on 4 February 2000 failed to meet the requirements of Article 2 of the European Convention of Human Rights guaranteeing the right to life. In this case, the competent authorities have taken no investigative actions since 11 September 2000.

The Ombudsperson noted that Article 2 of the Convention requires the state to conduct an effective investigation when an individual has been killed as a result of the use of force, whether or not agents of the State are implicated in the killing. The effectiveness of any such investigation should be capable of leading to the identification and punishment of those responsible. Attributes of an effective investigation include such actions as the prompt and determined follow up of initial investigative steps, such as the questioning of suspects and witnesses, the search of premises and so forth. The Ombudsperson stressed, in this regard, that a difficult or even dangerous environment for security forces and police could not be a persistent excuse for the failure of the authorities to pursue effective investigative measures.

In this case, the Ombudsperson found that the authorities exercised proper diligence at the beginning of their investigations regarding the killing of S.A. but that they were less diligent during succeeding months. In particular, he found that important information obtained through interviews was never followed up and that no investigative actions at all had been taken since 11 September 2000. The Ombudsperson considered that the inadequacy of the investigation, therefore, constituted a violation of the right to life guaranteed under Article 2 of the European Convention on Human Rights.

The Ombudsperson recommended that the Special Representative of the Secretary General of the United Nations, should, no later than 1 March 2002, ensure that the competent authorities actively pursue their investigations into the killing of R.C. with a view to the indictment and prosecution of those responsible for the killing.

There has been no response to this Report.