The Duty to Investigate the Death of Persons Arrested and/or Detained by Public Authorities

P. 65–82.

Rusinova V.

Аннотация на английском языке Для книг на иностранных языках The author is dealing with two main blocks of problems, connected with inadequateness of investigations of death of detained or arrested persons. First of all, it has been analyzed, whether States are under an international obligation to investigate such situations, and if yes, if this obligation is applicable in case of armed conflicts. Secondly, which criteria should be respected during such an investigation process. As a result of a research of main and subsidiary sources of International Law, a conclusion has been made, that a procedural obligation to investigate the death of persons detained or arrested by governmental agents is imposed on States both in peace and war time by treaty and customary international law. In addition, the author proves that since the end of 90s a new custom, under which conduct of investigations should satisfy to a number of criteria, has emerged. These are standards of effectiveness, due purpose, independence of those persons, who conduct investigation, promptness and transparency.

Keywords: право на жизнь, right to life, prosecution of violations of human rights, enforced disappearances, effectiveness of prosecution, расследование нарушений прав человека, насильственные исчезновения, эффективность расследования

In book

The Right to Life

Boston, Leiden: Matinus Nijhoff Publisher, 2010.