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GIULIANI AND GAGGIO v. ITALY JUDGMENT
However, such discussions are not relevant in the present case, in which a
death occurred not in the course of an operation to disperse demonstrators
and control a crowd of marchers, but during a sudden and violent attack
which, as the Court has just observed (see paragraphs 185-189 above),
posed an imminent and serious threat to the lives of three carabinieri. The
Convention, as interpreted by the Court, provides no basis for concluding
that law-enforcement officers should not be entitled to have lethal weapons
at their disposal to counter such attacks.
217. Lastly, as to the applicants' submission that some carabinieri had
used non-regulation weapons such as metal batons (see paragraph 201
above), the Court does not discern any connection between this
circumstance and the death of Carlo Giuliani.
218. It follows that there has been no violation of Article 2 of the
Convention in its substantive aspect as regards the domestic legislative
framework governing the use of lethal force or as regards the weapons
issued to the law-enforcement agencies during the G8 summit in Genoa.
C. Whether the organisation and planning of the policing operations
were compatible with the obligation to protect life arising out of
Article 2 of the Convention
219. The applicants submitted that the State's responsibility was also
engaged on account of shortcomings in the planning, organisation and
management of the public-order operations. The Government contested that
argument.
1. The parties' submissions
(a) The applicants
220. In the applicants' submission, the planning and conduct of the
law-enforcement agencies' operations had been beset by a number of
failings, omissions and errors. They contended that Carlo Giuliani's life
could have been saved if the appropriate measures had been taken. They
referred in particular to the following circumstances.
(i) Lack of a clear chain of command and of proper organisation of the
operations
221. The applicants pointed out that changes had been made to the
organisation of the operations on the eve of the demonstrations, giving the
carabinieri a dynamic role (rather than a stationary one, as originally
planned). The commanding officers had been informed of the change orally
on the morning of 20 July. As was clear from the statements made during
the “trial of the twenty-five” by police officer Lauro and carabinieri officer
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