GIULIANI AND GAGGIO v. ITALY JUDGMENT
53
12 June 2007, in which the Court ruled out any violation of Article 2 of the
Convention, finding that the fatal bullet had ricocheted before hitting the
applicants' relative).
193. However, in the instant case the Court does not consider it
necessary to examine the well-foundedness of the “intermediate object
theory”, on which there was disagreement between the experts who
conducted the third set of ballistics tests, the applicants' experts and the
findings of the autopsy report (see paragraphs 60-62, 66 and 50 above). It
simply observes that, as the Genoa investigating judge rightly remarked (see
paragraph 92 above), and as shown by the photographs, M.P.'s field of
vision was restricted by the jeep's spare wheel, since he was half-lying or
crouched on the floor of the vehicle. Given that, in spite of his warnings, the
demonstrators were persisting in their attack and that the danger he faced –
in particular, a likely second attempt to throw a fire extinguisher at him –
was imminent, M.P. could only fire, in order to defend himself, into the
narrow space between the spare wheel and the roof of the jeep. The fact that
a shot fired into that space risked causing injury to one of the assailants, or
even killing him, as was sadly the case, does not in itself mean that the
defensive action was excessive or disproportionate.
194. In the light of the foregoing, the Court concludes that in the instant
case the use of lethal force was absolutely necessary “in defence of any
person from unlawful violence” within the meaning of Article 2 § 2 (a) of
the Convention (see paragraph 176 above).
195. It follows that there has been no violation of Article 2 in its
substantive aspect in this regard.
196. This finding makes it unnecessary for the Court to consider whether
the use of force was also unavoidable “in action lawfully taken for the
purpose of quelling a riot or insurrection” within the meaning of
sub-paragraph (c) of paragraph 2 of Article 2.
B. Whether the respondent State took the necessary legislative,
administrative and regulatory measures to reduce as far as
possible the adverse consequences of the use of force
197. As they had done before the Chamber, the applicants also
complained of deficiencies in the domestic legislative framework. The
Government contested their arguments. The Chamber did not address these
issues.
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