129
“an administrative-law action […] is a remedy based on the strict liability of the State, in
particular for the illegal acts of its agents, whose identification is not, by definition, a
prerequisite to bringing an action of this nature. However, the investigations which the
Contracting States are obliged […] to conduct in cases of fatal assault must be able to lead
to the identification and punishment of those responsible […]. That obligation cannot be
satisfied merely by awarding damages […]. Otherwise, […] the State's obligation to seek
those guilty of fatal assault might thereby disappear.252
213. Likewise, in the case of Kaya versus Turkey the European Court of Human
Rights decided that the violation of a right protected by the convention could not be
redressed exclusively by establishment of civil liability and the respective payment of
compensation to the next of kin of the victim.253
214. The Court deems that comprehensive reparation of the abridgment of a right
protected by the Convention cannot be restricted to payment of compensation to the
next of kin of the victim. In the instant case, however, the Court appreciates some of
the results attained in said administrative-law proceedings, which include certain
aspects of the reparations for pecuniary and non-pecuniary damages, which it will take
into account when it establishes the respective reparations, insofar as the outcome of
those proceedings has generated res judicata and is reasonable under the
circumstances of the case.
c)
Disciplinary proceedings
215. A disciplinary proceeding based on the facts of July 1997 commenced before
the Attorney General’s Office against several members of the Armed Forces and
public officials. The file before the Court only shows that on April 24, 2001 the
Deputy Attorney General of the Nation decided to disciplinarily punish, with absolute
dismissal from the Armed Forces or a severe reprimand, several members of the
Army, and to dismiss several public officials (supra para. 96.134). Despite being a
body to which the next of kin of the victims have no access, the Court appreciates
the decision of said Attorney General’s Office in terms of the symbolic value of the
message of reproval that this type of punishment has within the Armed Forces.
Nevertheless, since the parties contributed no further information on this matter, the
Court will not rule on the actions during said proceedings.
d)
proceeding
Effectiveness of the duty to investigate within the regular criminal
216. This Court has pointed out that the right to access to justice goes beyond the
processing of domestic proceedings, as it must also ensure, within a reasonable
time, the right of the alleged victims or their next of kin for everything necessary to
be done to learn the truth about what happened and to punish those who may be
252
See European Court of Human Rights. Yasa v. Turkey [GC], judgment of 2 September 1998,
Reports of Judgments and Decisions 1998-VI, § 74.
253
See European Court of Human Rights. Kaya v. Turkey [GC], judgment of 19 February 1998,
Reports of Judgments and Decisions 1998-I, § 105.
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