96 GIULIANI AND GAGGIO v. ITALY JUDGMENT – SEPARATE OPINIONS and against whom proceedings were brought. However, those proceedings, conducted by the prosecuting authorities, ended with a request to discontinue the case on the basis of Articles 52 and 53 of the Criminal Code (see paragraphs 67 et seq. of the judgment), which was granted by the Genoa investigating judge (see paragraphs 82 et seq. of the judgment), thus excluding any possibility of adversarial proceedings before a judge. 20. It is true that extending the procedural obligations arising out of Article 2 to the point of requiring other individuals to be charged would impose an excessive and impracticable burden on the respondent State and would be liable to be contrary to Article 7 of the Convention. The fact remains, however, that an investigation capable of leading to the identification and, possibly, the punishment of the persons responsible could also be disciplinary in character. In this regard it is astonishing that, in the wake of the death of a demonstrator following the use of lethal force by an agent of the State (an exceedingly rare occurrence in Italy), the Government should acknowledge that no administrative or disciplinary investigation was commenced concerning the representatives of the law-enforcement agencies. Admittedly, any such investigation might have concluded that there was no evidence of any disciplinary offence in the training and support given to M.P. or, more broadly, in the organisation of the policing operations. However, it might equally have shed light on the circumstances surrounding some crucial aspects of the case which have unfortunately remained obscure (in particular, the criteria used in selecting and training the officers conducting the public-order operations at the G8 and the reasons why M.P.'s personal situation was not taken duly into account). 21. The fact that no disciplinary proceedings of any kind were instituted against the carabinieri appears to have been based on the preconceived idea that despite the tragic turn taken by events there was no criticism to be made of the manner in which the officers had been deployed on the ground or the way in which orders had been given throughout the chain of command. However, it is clear from all the arguments put forward by the Government in this case that the dangers linked to the rioting and the risks facing the law-enforcement officers had been largely foreseeable. The approach taken is difficult to reconcile with the procedural obligations arising out of Article 2 of the Convention.

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