243. Duty to prosecute effectively.

As a corollary of the duty to investigate1, the Article 3 prohibition2 also requires there to be an effective prosecution of those considered to be responsible for violations3. As with the duty to investigate, the duty to effectively prosecute is closely related to the corresponding duty imposed by the Article 2 right to life guarantee4, and is not limited to treatment alleged to have been carried out by or with the complicity of the state: it also applies where the alleged treatment was carried out by a private individual5. It is however an obligation 'of means not result': the