Effective Investigation as a Part of Positive Obligations of a State: in the Context of Northern Ireland Conflict

6 Baku St. U. L.Rev. 128 (2020)
Article language: English.


Protection of the right to life has an essential role in the Human Rights system and is vital for realization of other remaining rights. For several years while dealing with cases related to other rights and creating complex elements, the European Court of Human Rights in cases concerning the right to life just examined whether the negative obligation not to kill was violated or not. However, the situation changed first with McCann v UK case, where the Court put a positive obligation on States to conduct effective investigations and evolved it with other cases that were also related to the conflict in Northern Ireland. The conflict itself is interesting from another perspective too which is called ‘Collusion’, where the State agents allegedly contacted Loyalist paramilitaries in order to eliminate Nationalist minorities so that it seemed there was not a violation of negative obligation ‘not to kill’.

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