92 GIULIANI AND GAGGIO v. ITALY JUDGMENT – SEPARATE OPINIONS provide pointers in this regard which it is now impossible to ignore. The Preamble states that “[these] basic principles ..., which have been formulated to assist Member States in their task of ensuring and promoting the proper role of law enforcement officials, should be taken into account and respected by Governments within the framework of their national legislation and practice, and be brought to the attention of law enforcement officials as well as other persons, such as judges, prosecutors, lawyers, members of the executive branch and the legislature, and the public”. 5. As regards the use of firearms, paragraph 2 of the Principles is crucial: “Governments and law enforcement agencies should develop a range of means as broad as possible and equip law enforcement officials with various types of weapons and ammunition that would allow for a differentiated use of force and firearms. These should include the development of non-lethal incapacitating weapons for use in appropriate situations, with a view to increasingly restraining the application of means capable of causing death or injury to persons. For the same purpose, it should also be possible for law enforcement officials to be equipped with self-defensive equipment such as shields, helmets, bullet-proof vests and bullet-proof means of transportation, in order to decrease the need to use weapons of any kind”. 6. Admittedly, in the particular circumstances of this case, given the violence of the attack to which M.P. and his colleagues were subjected, there is no guarantee that rubber bullets would have had a sufficient deterrent effect to avert the danger posed by large numbers of demonstrators wielding blunt instruments. The same may be true in many similar situations with which the law-enforcement agencies are confronted. For that reason we would not argue that the officers in the present case should have been issued only with non-lethal weapons; the State was empowered to decide that the law-enforcement personnel should also be equipped with guns firing live ammunition. Nevertheless, one thing is certain: M.P. did not have any alternative means of defence available to him. While he could have fired into the air or at a different angle, he had no weapon with which to defend himself other than the Beretta parabellum pistol. 7. Next, as regards the second aspect of the obligation to protect life arising out of Article 2 of the Convention, namely the planning and management of the policing operations, we believe that there was a lack of organisation imputable to the State. In its judgment in Halis Akın v. Turkey (no. 30304/02, § 24, 13 January 2009), the Court reiterated that “[i]n keeping with the importance of this provision in a democratic society, [it] must, in making its assessment, subject instances of the use of deliberate lethal force to the most careful scrutiny, taking into consideration not only the actions of the agents of the State who actually administer the force but also all the surrounding circumstances including such matters as the planning and control of the actions under examination”.

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