Joint partially dissenting opinion of the Judges Ziemele, De Gaetano, Laffranque and Keller in the case of Janowiec and Others v. Russia, Nos. 55508/07 and 29520/09, ECtHR (Grand Chamber), 21 October 2013

Right to life, prohibition of torture and procedural obligation of investigative nature. Right to the truth and historical truth.  

Art. 2 ECHR
Art. 3 ECHR 

In relation to Art. 2 ECHR, Art. 3 ECHR and to the procedural obligations arising from these provisions, the definition of “procedural acts” given by the Majority opinion in Janowiec and Others v. Russia is problematic. This is a too strict definition, which includes civil, criminal and disciplinary proceedings, with the exception of the search and establishment of the historical truth. 
However, it is difficult to separate the historical truth-seeking from carrying out civil, criminal or disciplinary proceedings; indeed, often one is the condition of the other. In addition, in international law, there is a clear trend towards the recognition of the right to the truth, especially in presence of a massive violation of basic human rights. 

Dissenting in respect of paras 143 and ff. of the Majority opinion.