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By virtue of the jura novit curia principle the Court is not bound by the legal grounds adduced by the applicant under the Convention and the Protocols thereto and has the power to decide on the characterisation to be given in law to the facts of a complaint by examining it under Articles or provisions of the Convention that are different from those relied upon by the applicant (see Radomilja and Others v. Croatia [GC], nos. 37685/10 and 22768/12, § 126, ECHR 2018).

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The Court must reiterate that the obligation imposed by Article 2 of the Convention to carry out an effective investigation is not an obligation of result but of means; it does not require that every investigation come to a successful conclusion (see McKerr v. the United Kingdom, no. 28883/95, § 113, ECHR 2001-III).

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It must also be stressed that the obligation to conduct an effective investigation applies equally to cases where a person has disappeared in circumstances which may be regarded as life-threatening (see, amongst others, Er and Others v. Turkey, no. 23016/04, § 82, 31 July 2012).

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In that connection, the Court points out that this obligation is not confined to cases where it is apparent that the killing was caused by an agent of the State (see Salman v. Turkey [GC], no. 21986/93, § 105, ECHR 2000-VII).