| Abstract [eng] |
This Master's thesis analyzes the concept of duty to investigate and its development Since the nature of this duty is sufficiently relative and its’ existence is usually based on the essential elements of the Convention that enshrines social values, this paper work focuses on the most important articles of the Convention - Articles 2, 3 and 5. However, the application of a procedural obligation faces some problematic issue, and in particular the existence of a procedural obligation in the case of jurisdiction ratione temporis. Thus, the question raised at this master paper is, whether the general rule establishing ECHR jurisdiction only after the ratification of the Convention in the State concerned does not violate the rights of those who have suffered violations of rights before ratification or adoption of the Convention itself. Lastly, paying attention to frequent cases of non-compliance with obligations under the Convention, this paper work focuses on the ability of individuals to apply to the ECHR for non-compliance with national obligations and the right of this court to recognize appropriate human rights violations. Since Lithuania also does not always properly fulfill the obligations assumed under the Convention, the human rights situation and the investigation of their violation in the legal system of Lithuania are analyzed separately. |
