SEPARATE OPINION OF JUDGE KALAYDJIEVA

I fully share the conclusions of the majority on the merits of the applicants ' complaints in regard of the alleged failure of the authorities to meet their positive obligations under Article 2 of the Convention. Unlike in cases of wilful deprivation of life and use of lethal force, in cases of negligence the positive obligations of State authorities do not necessarily involve a duty to institute criminal proceedings or to prosecute those responsible for negligent omissions leading to tragic incidents. In such circumstances the obligation of the State is to provide a regulatory and judicial framework, in which the availability of civil proceedings will very often be sufficient.

In the present case the applicants were satisfied with the conclusions of the internal inquiry carried out by the Ministry of the Interior and the Ministry of Defence that there had been deficiencies and negligent failures in following the existing clear regulations on parachute exercises. The applicants do not complain that these conclusions gave rise to suspicions as to the circumstances in which their son died, or that any facts related to the death were withheld by the authorities. They also do not con test the fact that by the time they were informed on this report, they could file a claim against the Ministry of the Interior for compensation of their loss and sufferings. In my view by this time the authorities had met their positive obligations in similar circumstances.

It is not clear why - once aware of the established circumstances in their son ' s death - the applicants neither availed themselves of the existing opportunity for civil compensation under the general tort law, nor complained before the Court of any specific deficiencies of the internal inquiry within six months after they were informed on the outcome of the internal inquiry. Since this was not done, I believe that the applicants ' complaints under Article 2 are late and inadmissib le, regardless of their merits.

As concerns the parallel criminal investigation proceedings, the applicants fail to explain whether and how their outcome would influence their prospects for civil compensation, or would in any way override, or be more binding for the civil courts than the different conclusions of the internal inquiry commission of the Ministry of the Interior. I fully agree with the majority that the purpose of the criminal investigation was to inquire into possible criminal acts, which – where appropriate – could result in the indictment of those responsible. In the present case the applicants do not maintain that the established negligent omissions leading to their son ' s death constituted any criminal acts, or that the authorities failed to meet any obligations by not prosecuting the officers responsible for negligent acts. In the face of the proper conclusions of the internal inquiry, with which the applicants agreed, it remains unclear why they expected the outcome of the criminal proceedings as a panacea for their grieving, or as an obstacle to their opportunity to file a compensation claim before the prescription ti me-limit expired.

In my view the fact that the authorities found it necessary to institute criminal investigation proceedings does not mean that those proceeding are part of the positive obligations of the State in the context of negligence, nor does it justify the applicants ' decision to await the outcome of these proceedings before complaining to the Court.