Continentalia and Islandia are two European Countries that are members of the Council of Europe and therefore parties to the European Convention on Human Rights. From 2011 troops of Continentalia participated in the Stabilization Force in Orientalia, a state in Middle East. The forces of Continentalia (one battalion) were under the command of an office of the armed forces of Islandia. The participation of Continentalia forces was governed by a Memorandum of Understanding between Islandia and Continentalia.
On 8 November 2010 the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations, adopted Resolution 9999. The Resolution decided, inter alia, that ...view middle of the document...
The car slowed down and turned. From inside the car shots were fired at the personnel guarding the VCP, all of them members of the Orientalia Civil Defence Corps (OCDC). The guards returned fire. No one was hit; the car drove off and disappeared into the night.
Called by the checkpoint commander, OCDC Sergeant and a patrol of six Continentalia soldiers led by Lieutenant A. arrived on the scene at around 2.30 a.m. Some fifteen minutes later a Mercedes car approached the VCP at speed. It hit one of several barrels that had been set out in the middle of the road to form the checkpoint, but continued to advance. Shots were fired at the car: Lieutenant A. fired 28 rounds from a Diemaco assault rifle; shots may also have been fired by one or more OCDC personnel armed with Kalashnikov AK-47 rifles (see paragraphs 21 and 49-52 below). At this point the driver stopped the car.
The applicant’s son, Mr X, was in the front passenger seat of the car. He had been hit in several places, including the chest. Continentalia soldiers removed him from the car and attempted to administer first aid. Despite this, Mr X died. He was declared dead one hour after the incident. The body was subjected to X-ray examination. The radiographs show objects identified as metallic inside the chest and elsewhere. An autopsy was performed by an Orientalian physician, who drew up a brief report in. Metal objects identifiable as bullet fragments were found in the body. It was not determined by whom the bullet or bullets had been fired, nor from what weapon.
The applicant, is Mr X’s father, who lives in Orientalia. The applicant alleged that Continentalia had failed to meet its obligations properly to investigate the death of his son with a view to bringing the person responsible to justice. He relied on Article 2 of the European Convention on Human Rights, which provides as follows:
“1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded...