GIULIANI AND GAGGIO v. ITALY JUDGMENT
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maintaining public confidence in their adherence to the rule of law and in
preventing any appearance of collusion in or tolerance of unlawful acts (see
McKerr, cited above, §§ 111 and 114, and Opuz, cited above, § 150).
306. However, it cannot be inferred from the foregoing that Article 2
may entail the right to have third parties prosecuted or sentenced for a
criminal offence (see Šilih, cited above, § 194; see also, mutatis mutandis,
Perez v. France [GC], no. 47287/99, § 70, ECHR 2004-I) or an absolute
obligation for all prosecutions to result in conviction, or indeed in a
particular sentence (see Zavoloka, cited above, § 34(c)).
On the other hand, the national courts should not under any
circumstances be prepared to allow life-endangering offences to go
unpunished. The Court's task therefore consists in reviewing whether and to
what extent the courts, in reaching their conclusion, may be deemed to have
submitted the case to the careful scrutiny required by Article 2 of the
Convention, so that the deterrent effect of the judicial system in place and
the significance of the role it is required to play in preventing violations of
the right to life are not undermined (see Öneryıldız, cited above, § 96, and
Mojsiejew v. Poland, no. 11818/02, § 53, 24 March 2009).
2. Application of these principles to the present case
307. The Court observes at the outset that it has just concluded, from the
standpoint of the substantive limb of Article 2, that the use of lethal force
was “absolutely necessary in defence of any person from unlawful
violence” (see paragraph 194 above) and that there has been no violation of
the positive obligation to protect life on account of the organisation and
planning of the policing operations during the G8 summit in Genoa and the
tragic events on Piazza Alimonda (see paragraph 262 above).
308. In arriving at that conclusion the Court, on the basis of the
information provided by the domestic investigation, had available to it
sufficient evidence to satisfy it that M.P. had acted in self-defence in order
to protect his life and physical integrity and those of the other occupants of
the jeep against a serious and imminent threat, and that no liability in
respect of Carlo Giuliani's death could be attributed under Article 2 of the
Convention to the persons responsible for the organisation and planning of
the G8 summit in Genoa.
309. It follows that the investigation was sufficiently effective to enable
it to be determined whether the use of lethal force had been justified in the
present case (see the case-law cited at paragraph 301 above) and whether
the organisation and planning of the policing operations had been
compatible with the obligation to protect life.
310. The Court further notes that several decisions taken by the
organisers of the G8 and by the commanding officers of the battalions
present on the ground were examined and subjected to critical scrutiny in
the course of the “trial of the twenty-five” (see paragraphs 121-138 above)
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