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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234