GIULIANI AND GAGGIO v. ITALY JUDGMENT – SEPARATE OPINIONS
93
8. M.P., one of the large number of carabinieri present at the scene and
the person who fired the fatal shot, was a young man aged twenty years and
eleven months who had been performing military service for only ten
months. Furthermore, it does not appear from the case file that he had
received specific training concerning public-order operations or how to act
in the event of disturbances during demonstrations. Finally, given his youth
and lack of experience, it is difficult to accept the fact that he did not receive
more support from his superior officers and, above all, that he was not given
particular attention once he had been judged unfit to continue on active duty
because of his physical and mental state. In these circumstances, moreover,
the fact that he was left in possession of a gun loaded with live ammunition
is especially problematic.
9. That situation is in clear contradiction with paragraph 18 of the 1990
United Nations Basic Principles, according to which: “Governments and
law enforcement agencies shall ensure that all law enforcement officials are
selected by proper screening procedures, have appropriate moral,
psychological and physical qualities for the effective exercise of their
functions and receive continuous and thorough professional training. Their
continued fitness to perform these functions should be subject to periodic
review.”
10. Lastly, as regards the attack on the jeeps – which, incidentally, were
not fitted with protective grilles on the rear and side windows – it was
obviously conceivable that the vehicles might come under attack, even
though they were intended for the transport of wounded officers rather than
to support law-enforcement personnel in the event of clashes with
demonstrators. In an urban guerrilla-type situation it was to be expected that
the demonstrators would not necessarily differentiate between armoured
vehicles and those providing logistical back-up.
11. In the light of the foregoing, we believe that the failings in the
organisation of the law-enforcement operations should be assessed from the
standpoint of both the criteria for selecting the armed carabinieri deployed
in Genoa and the failure to give proper consideration to the particular
situation of M.P., who, despite being in a state of distress and panic, had
been left in a vehicle which was not adequately protected, with a lethal
weapon as his only means of defence. The requirement to protect human life
called for greater support to be provided to the young officer.
12. In paragraph 253 of the judgment the majority state that the
application did not concern the organisation of the public-order operations
during the G8 as such, but was confined to examining, among other things,
whether, in the organisation and planning of that event, failings had
occurred which could be linked directly to the death of Carlo Giuliani. Our
answer to that question is in the affirmative. The lack of an appropriate
legislative framework governing the use of firearms, coupled with the
shortcomings in the preparation of the policing operations and in the
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