84
GIULIANI AND GAGGIO v. ITALY JUDGMENT
examinations impossible, was authorised at the applicants' request (see
paragraph 49 above).
320. The Court also notes that the procedural obligations arising out of
Article 2 require that an effective “investigation” be carried out and do not
require the holding of public hearings. Hence, if the evidence gathered by
the authorities is sufficient to rule out any criminal responsibility on the part
of the State agent who had recourse to force, the Convention does not
prohibit the discontinuation of the proceedings at the preliminary
investigation stage. As the Court has just found, the evidence gathered by
the prosecuting authorities, and in particular the footage of the attack on the
jeep, led to the conclusion, beyond reasonable doubt, that M.P. had acted in
self-defence, which constitutes a ground of justification under Italian
criminal law.
321. Furthermore, it cannot be said that the prosecuting authorities
accepted without question the version supplied by the law-enforcement
officers implicated in the events. They not only questioned numerous
witnesses, including demonstrators and third parties who had witnessed the
events on Piazza Alimonda (see paragraphs 45-46 above), but also ordered
several forensic examinations, including an expert medical examination and
three sets of ballistics tests (see paragraphs 48-50 and 54-62 above). The
fact that the experts did not agree on all aspects of the reconstruction of
events (and, in particular, on the distance from which the shot had been
fired and the trajectory of the bullet) was not, in itself, such as to make
further investigations necessary, given that it was for the judge to assess the
pertinence of the explanations given by the various experts and whether
they were compatible with the existence of grounds of justification
exempting the accused from criminal responsibility.
322. It is true that the carabinieri, that is, the armed force to which M.P.
and F.C. belonged, were given the task of conducting certain checks (see
paragraph 290 above). However, in view of the technical and objective
nature of those checks, this fact cannot be said to have adversely affected
the impartiality of the investigation. To hold otherwise would be to impose
unacceptable restrictions in many cases on the ability of the courts to call on
the expertise of the law-enforcement agencies, which often have particular
competence in the matter (see, mutatis mutandis and from the standpoint of
Article 6 of the Convention, Emmanuello v. Italy (dec.), no. 35791/97,
31 August 1999). In the instant case, the law-enforcement agencies were
already present at the scene and were thus able to secure the area and search
for and record any items of relevance to the investigation. Given the number
of people on Piazza Alimonda and the confusion reigning after the shots
were fired, the authorities cannot be criticised for not finding objects as
small as the bullets fired by M.P.
323. In the Court's view, Mr Romanini's appointment as an expert raises
some more delicate issues, as he had openly defended the view, in an article
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