GIULIANI AND GAGGIO v. ITALY JUDGMENT
65
incompatible with effective respect for human rights. This means that
policing operations must be sufficiently regulated by national law, within
the framework of a system of adequate and effective safeguards against
arbitrariness and abuse of force. Accordingly, the Court must take into
consideration not only the actions of the agents of the State who actually
administered the force but also all the surrounding circumstances, including
such matters as the planning and control of the actions under examination.
Police officers should not be left in a vacuum when performing their duties:
a legal and administrative framework should define the limited
circumstances in which law-enforcement officials may use force and
firearms, in the light of the international standards which have been
developed in this respect (see Makaratzis, cited above, §§ 58-59).
250. In particular, law-enforcement agents must be trained to assess
whether or not there is an absolute necessity to use firearms, not only on the
basis of the letter of the relevant regulations, but also with due regard to the
pre-eminence of respect for human life as a fundamental value (see
Nachova and Others, cited above, § 97; see also the Court's criticism of the
“shoot to kill” instructions given to soldiers in McCann and Others, cited
above, §§ 211-214).
251. Lastly, it should not be overlooked that Carlo Giuliani's death
occurred in the course of a mass demonstration. While it is the duty of
Contracting States to take reasonable and appropriate measures with regard
to lawful demonstrations to ensure their peaceful conduct and the safety of
all citizens, they cannot guarantee this absolutely and they have a wide
discretion in the choice of the means to be used. In this area the obligation
they enter into under Article 11 of the Convention is an obligation as to
measures to be taken and not as to results to be achieved (see Plattform
“Ärzte für das Leben” v. Austria, 21 June 1988, § 34, Series A no. 139;
Oya Ataman v. Turkey, no. 74552/01, § 35, ECHR 2006-XIII; and
Protopapa v. Turkey, no. 16084/90, § 108, 24 February 2009). However, it
is important that preventive security measures such as, for example, the
presence of first-aid services at the site of demonstrations, be taken in order
to guarantee the smooth conduct of any event, meeting or other gathering,
be it political, cultural or of another nature (see Oya Ataman, cited above,
§ 39). Moreover, where demonstrators do not engage in acts of violence, it
is important for the public authorities to show a certain degree of tolerance
towards peaceful gatherings if the freedom of assembly guaranteed by
Article 11 of the Convention is not to be deprived of all substance (see
Patyi and Others v. Hungary, no. 5529/05, § 43, 7 October 2008). On the
other hand, interferences with the right guaranteed by that provision are in
principle justified for the prevention of disorder or crime and for the
protection of the rights and freedoms of others where demonstrators engage
in acts of violence (see Protopapa, cited above, § 109).
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