GIULIANI AND GAGGIO v. ITALY JUDGMENT 85 written for a specialist journal, that M.P. had acted in self-defence (see paragraph 56 above). It should be observed in this connection that the expert reports ordered in the context of the investigation were designed, among other things, to provide evidence for or against that view. The presence of an expert who had preconceived ideas on the subject was therefore far from reassuring (as regards the expert's role in judicial proceedings, see Brandstetter v. Austria, 28 August 1991, § 59, Series A no. 211). Nevertheless, Mr Romanini was just one member of a four-expert team (see, mutatis mutandis, Mirilashvili v. Russia, no. 6293/04, § 179, 11 December 2008). He had been appointed by the prosecuting authorities and not by the investigating judge and was therefore not acting as a neutral and impartial auxiliary of the latter (see, conversely, Bönisch v. Austria, 6 May 1985, § 33, Series A no. 92, and Sara Lind Eggertsdóttir v. Iceland, no. 31930/04, § 47, ECHR 2007-VIII). Furthermore, the tests he was required to carry out for the purposes of the ballistics report were of an essentially objective and technical nature. Accordingly, his presence was not capable, in itself, of compromising the impartiality of the domestic investigation. 324. Furthermore, it has not been established by the applicants that the investigation lacked impartiality and independence or that the branch of the police which performed certain steps in the investigation was implicated in the events to such an extent that the entire investigation should have been entrusted to the revenue police (see the applicant's allegations at paragraphs 283 and 292 above). 325. Finally, as regards the promptness of the investigation, the Court observes that it was conducted with the requisite diligence. Carlo Giuliani died on 20 July 2001 and the public prosecutor's office closed the preliminary investigation, with a request for the case to be discontinued, approximately one year and four months later, in late 2002. On 10 December 2002 the applicants objected to that request (see paragraph 76 above) and the hearing before the Genoa investigating judge took place four months later, on 17 April 2003 (see paragraph 80 above). The text of the decision discontinuing the proceedings was deposited with the registry twenty-three days later, on 5 May 2003 (see paragraph 82 above). In the circumstances, it cannot be said that the investigation was beset by excessive delays or lapses of time. 326. In the light of the foregoing, the Court concludes that there has been no violation of Article 2 of the Convention in its procedural aspect. III. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION 327. The applicants alleged that the lack of immediate assistance after Carlo Giuliani had fallen to the ground and the jeep had driven over his body had contributed to his death and amounted to inhuman treatment. They

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents