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The State was responsible and had not provided any explanation of what occurred after persons were taken into detention and had not attempted to justify the lethal use of force, causing a violation of the right to life. State authorities are obligated to conduct some form of effective official investigation when individuals are killed as a result of the use of force. The uncertainty, doubt and apprehension which a mother of victims of grave human rights violations and herself the victim of the authorities' complacency in the face of her distress had suffered over a prolonged and continuing period of time had undoubtedly caused her severe mental distress and anguish. The authorities are required to take effective measures to safeguard against the risk of disappearance and to conduct a prompt effective investigation into an arguable claim that a person had been taken into custody and had not been seen since. Where the relatives of a person has an arguable claim that the latter had disappeared at the hands of the authorities, the notion of an effective remedy entailed, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible.
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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