78
GIULIANI AND GAGGIO v. ITALY JUDGMENT
investigation had to be entrusted to a police authority, the State could not be
said to have lacked impartiality in any sense. Furthermore, the findings of
the investigation and the reasons given for discontinuing the proceedings
had provided no grounds for supposing that there had been any attempt at a
cover-up.
297. All the experts appointed by the public prosecutor's office had been
civilians, with the exception of the second ballistics expert, who was a
police officer (see paragraph 55 above). At the time of Mr Romanini's
appointment the prosecuting authorities had been unaware that he had
expressed the view that M.P. had acted in self-defence (see paragraph 56
above). In the Government's submission, the aim of Mr Romanini's article
had been simply to propound a political theory based on a comparison
between the incident in question and an earlier tragedy in Naples. The fact
that he had written the article did not render Mr Romanini unfit to fulfil his
mandate in an objective and impartial manner, as his task had not consisted
in examining whether the facts supported the hypothesis that M.P. had acted
in self-defence. The panel of experts had been asked in particular to give its
views on the trajectory of the bullet. Moreover, Mr Romanini's role had
been confined to conducting test shootings in the presence of the other
experts, the applicants and the latter's experts. That “purely technical and
essentially physical” procedure had not afforded scope for preconceived
judgments liable to influence the outcome of the investigation. The
Government further observed that the applicants had not raised any
objections to Mr Romanini's appointment.
B. The Court's assessment
1. General principles
298. Having regard to their fundamental character, Articles 2 and 3 of
the Convention contain a procedural obligation to carry out an effective
investigation into alleged breaches of the substantive limb of these
provisions (see Ergi v. Turkey, 28 July 1998, § 82, Reports 1998-IV;
Assenov and Others v. Bulgaria, 28 October 1998, §§ 101-106,
Reports 1998-VIII; and Mastromatteo, cited above, § 89). A general legal
prohibition of arbitrary killing by the agents of the State would be
ineffective, in practice, if there existed no procedure for reviewing the
lawfulness of the use of lethal force by State authorities. The obligation to
protect the right to life under this provision, read in conjunction with the
State's general duty under Article 1 of the Convention to “secure to
everyone within [its] jurisdiction the rights and freedoms defined in [the]
Convention”, requires by implication that there should be some form of
effective official investigation when individuals have been killed as a result
of the use of force by, inter alios, agents of the State (see McCann and
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