GIULIANI AND GAGGIO v. ITALY JUDGMENT
87
to examine the case under Article 13 or Article 6 § 1 (see
paragraphs 265-266 of the Chamber judgment).
335. Bearing in mind that in the instant case the applicants did not have
the possibility under Italian law of applying to join the criminal proceedings
against M.P. as civil parties (see, conversely and mutatis mutandis, Perez,
cited above, §§ 73-75), the Court considers that their complaints should not
be examined under Article 6 § 1 of the Convention, but rather in the light of
the more general obligation on the Contracting States under Article 13 of
the Convention to provide an effective remedy in respect of breaches of the
Convention, including of Article 2 (see, mutatis mutandis¸ Aksoy v. Turkey,
18 December 1996, §§ 93-94, Reports 1996-VI).
336. The Court reiterates that the “effectiveness” of a “remedy” within
the meaning of Article 13 does not depend on the certainty of a favourable
outcome for the applicant. Nor does the “authority” referred to in that
provision necessarily have to be a judicial authority; but if it is not, its
powers and the guarantees it affords are relevant in determining whether the
remedy before it is effective. Also, even if a single remedy does not by itself
entirely satisfy the requirements of Article 13, the aggregate of remedies
provided for under domestic law may do so (see Abramiuc v. Romania,
no. 37411/02, § 119, 24 February 2009).
337. In the instant case the Court has found that an effective domestic
investigation satisfying the requirements of promptness and impartiality
under Article 2 of the Convention was conducted into the circumstances
surrounding the death of Carlo Giuliani (see paragraphs 307-326 above).
That investigation was capable of leading to the identification and
punishment of the persons responsible. It is true that the applicants were not
able to apply to join the proceedings as civil parties; nevertheless, they were
able to exercise the powers afforded to injured parties under Italian law. In
any event, their lack of status as civil parties resulted from the fact that the
criminal judge had concluded that no offence punishable under criminal law
had been committed. Finally, there was nothing to prevent the applicants
from bringing a civil action for compensation either before or in parallel
with the criminal proceedings.
338. In these circumstances, the Court considers that the applicants had
effective remedies available to them in respect of their complaint under
Article 2 of the Convention.
339. It follows that there has been no violation of Article 13 of the
Convention.
V. ALLEGED VIOLATION OF ARTICLE 38 OF THE CONVENTION
340. The applicants alleged that the Government had not cooperated
sufficiently with the Court. They relied on Article 38 of the Convention,
which provides:
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