48 GIULIANI AND GAGGIO v. ITALY JUDGMENT 172. The public prosecutor's request for the proceedings to be discontinued had been based on all these factors and on the favor rei principle: under Italian law, where there were doubts and it appeared impossible to prosecute the case in court, and a trial was not likely to add anything significant to the evidence, the proceedings had to be discontinued. 2. The Chamber judgment 173. The Chamber held that the use of force had not been disproportionate. This finding was based mainly on its acceptance of the investigating judge's reasoning in her decision to discontinue the proceedings, which the Chamber considered to have been based on a detailed analysis of the witness evidence and the available photographic and audiovisual material. The Chamber added that, before shooting, M.P. had held the weapon in his hand in such a way that it was visible from outside the jeep (see paragraphs 214-227 of the Chamber judgment). 2. The Court's assessment (a) General principles 174. The Court reiterates that Article 2 ranks as one of the most fundamental provisions in the Convention, one which, in peace time, admits of no derogation under Article 15. Together with Article 3, it enshrines one of the basic values of the democratic societies making up the Council of Europe (see, among many other authorities, Andronicou and Constantinou v. Cyprus, 9 October 1997, § 171, Reports of Judgments and Decisions 1997-VI, and Solomou and Others v. Turkey, no. 36832/97, § 63, 24 June 2008). 175. The exceptions delineated in paragraph 2 indicate that Article 2 extends to, but is not concerned exclusively with, intentional killing. The text of Article 2, read as a whole, demonstrates that paragraph 2 does not primarily define instances where it is permitted intentionally to kill an individual, but describes the situations where it is permitted to “use force” which may result, as an unintended outcome, in the deprivation of life. The use of force, however, must be no more than “absolutely necessary” for the achievement of one of the purposes set out in sub-paragraphs (a), (b) or (c) (see McCann and Others v. the United Kingdom, 27 September 1995, § 148, Series A no. 324, and Solomou and Others, cited above, § 64). 176. The use of the term “absolutely necessary” indicates that a stricter and more compelling test of necessity must be employed than that normally applicable when determining whether State action is “necessary in a democratic society” under paragraphs 2 of Articles 8 to 11 of the Convention. In particular, the force used must be strictly proportionate to the achievement of the aims set out in sub-paragraphs 2 (a), (b) and (c) of