It explains that if the infringement of the right to life is unintentional, criminal
proceedings may not be necessary as long as other remedies are available to the
victims. (para. 92). It also explains the role of an effective investigation in providing
access to an effective remedy (see para. 149):
In this connection, the Court has held that if the infringement of the right to
life or to physical integrity is not caused intentionally, the positive
obligation to set up an “effective judicial system” does not necessarily
require criminal proceedings to be brought in every case and may be
satisfied if civil, administrative or even disciplinary remedies were available
to the victim …
The Court has held that, in relation to fatal accidents arising out of
dangerous activities which fall within the responsibility of the State, Article
2 requires the authorities to carry out of their own motion an investigation,
satisfying certain minimum conditions, into the cause of the loss of life ... It
further observes that, without such an investigation, the individual
concerned may not be in a position to use any remedy available to him for
obtaining relief, given that the knowledge necessary to elucidate facts such
as those in issue in the instant case is often in the sole hands of State
officials or authorities.
Where, however, negligence goes beyond an error of judgement or carelessness, the
failure to institute criminal proceedings may itself amount to a violation of the right
to life (paras 95-96):
Where it is established that the negligence attributable to State officials or
bodies on that account goes beyond an error of judgment or carelessness,
in that the authorities in question, fully realising the likely consequences
and disregarding the powers vested in them, failed to take measures that
were necessary and sufficient to avert the risks inherent in a dangerous
activity … the fact that those responsible for endangering life have not been
charged with a criminal offence or prosecuted may amount to a violation of
Article 2, irrespective of any other types of remedy which individuals may
exercise on their own initiative …
… the national courts should not under any circumstances be prepared to
allow life-endangering offences to go unpunished. This is essential for
maintaining public confidence and ensuring adherence to the rule of law
and for preventing any appearance of tolerance of or collusion in unlawful
acts …
The court considered it a ‘decisive factor’ that the authorities had available to them
information regarding the risks (see para. 98).
To that end, the Court considers that it should begin by noting a decisive
factor for the assessment of the circumstances of the case, namely that
there was practical information available to the effect that the inhabitants
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