indicates that under article 2 of the Covenant the State party is under a duty to carry out a meaningful investigation. It is
only in instances where any act, fact or situation which would constitute a violation of the Covenant, could not, under any
circumstances, have continued to exist or have occurred subsequent to the "crucial date" that such an obligation does not arise. It
should be added that a declaration under domestic civil law in respect of a disappeared person's death does not set aside a State
party's obligation under the Covenant. Domestic civil law provisions cannot be given precedence over international legal
obligations. Whatever the length and thoroughness deemed necessary for an investigation to satisfy the requirements under the
Covenant on a case by case basis, an investigation must, under all circumstances, be conducted fairly, objectively and
impartially. Any negligence, suppression of evidence or other irregularity jeopardizing the outcome must be regarded as a
violation of the obligations under article 2 of the Covenant, in conjunction with a relevant material article. And once an
investigation has been closed due to lack of adequate results, it must be reopened if new and pertinent information comes to light.
Bertil Wennergren
25
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