“Complaints must be investigated promptly and impartially by competent
authorities so as to make the remedy effective.”86
228.
The European Court has also expressed the importance of carrying out
thorough investigations that are capable of leading to the identification
and punishment of those responsible for any ill-treatment.87 Moreover,
when examining whether an investigation is effective, the European Court
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applied the following test in some of its cases: whether the authorities
reacted effectively to the complaints at the relevant time;88 the length of
time it takes for the investigation to commence;89 and whether there were
delays in taking statements from the victims.90
229.
In Assenov & Others v. Bulgaria, the European Court clearly addressed
the notion of effective investigation that is not impartial and independent.
In deciding on the alleged police misconduct against the Complainant, the
Court noted that “It was necessary to take evidence from independent
witnesses,” adding that …”the examination of two further witnesses, one
of whom had only a vague recollection of the incidents in question, was
not sufficient to rectify the deficiencies in the investigation up to that
point.”91 The Court concluded that the lack of a thorough and effective
86
Human Rights Committee, General Comment 20, Article 7 (Forty-fourth session, 1992),
Compilation of General Comments and General Recommendations Adopted by Human
Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.1 at 30 (1994). para 14.
87
See Ilhan v. Turkey (2000) ECHR. para 92
88
Labita v Italy (2000) ECHR. para. 131
89
Timurtas v. Turkey (2001) 33 E.H.R.R. 6 ECHR. para.89.
90
Assenov & Others v. Bulgaria (1998) ECHR. para 105
91
Ibid Para 105
67
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