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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