The duty to investigate allegations of Article 3 violations1 is closely related to the duty to investigate deaths involving state responsibility that arises where the Article 2 right to life guarantee2 is alleged to have been violated3. However, whether the obligation under the Article 3 prohibition4 is as extensive as that imposed pursuant to the Article 2 guarantee has been doubted5. Domestic courts have concluded that there is a 'different emphasis' under Article 2 and Article 3, primarily due to the fact that in an Article 2 case the victim will have died and the only persons with knowledge
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