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
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