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 24

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents