GIULIANI AND GAGGIO v. ITALY JUDGMENT – SEPARATE OPINIONS 91 JOINT PARTLY DISSENTING OPINION OF JUDGES ROZAKIS, TULKENS, ZUPANČIČ, GYULUMYAN, ZIEMELE, KALAYDJIEVA AND KARAKAŞ (Translation) We are unable to agree with the majority's conclusions concerning points 2, 3 and 4 of the operative provisions, according to which there has been no violation of Article 2 of the Convention in its substantive and procedural aspects. 1. As regards the substantive aspect, the State's positive obligation to protect life under Article 2 of the Convention raises two main questions in the instant case which, as we shall see, are closely linked. Firstly, did the State take the necessary legislative, administrative and regulatory measures to reduce as far as possible the risks and consequences of the use of force? Secondly, were the planning, organisation and management of the policing operations compatible with that obligation to protect life? 2. We further believe that the obligation to protect life has to be considered in the specific context of the facts of the case: where a State accepts the responsibility of organising a high-risk international event, that obligation implies a duty to put in place the appropriate measures and strategies to maintain law and order. In that connection, it cannot be argued that the authorities were not aware of the possible dangers entailed in an event such as the G8 summit. Moreover, the number of law-enforcement officers deployed on the ground demonstrates this clearly (see paragraph 255 of the judgment). In these circumstances, Article 2 of the Convention cannot be interpreted or applied as if the case merely concerned an isolated incident occurring in the course of accidental clashes, as the majority suggest. In the case of mass demonstrations, which are becoming more and more frequent in a globalised world, the obligation to protect the right to life safeguarded by the Convention necessarily takes on another dimension. 3. First of all, as regards the domestic legislative framework governing the use of lethal force, which, under the terms of Article 2 of the Convention, must be capable of protecting the lives of the demonstrators, we observe shortcomings which played a decisive role in the death of the applicants' son. The Government did not make reference to any specific provisions governing the use of firearms during police operations, and indeed observed that circulars had simply been issued by the senior command of the carabinieri referring to the general provisions of the Criminal Code (see paragraph 207 of the judgment). 4. The 1990 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which the judgment cites among the relevant international materials (see paragraph 154 of the judgment),