GIULIANI AND GAGGIO v. ITALY JUDGMENT
1
In the case of Giuliani and Gaggio v. Italy,
The European Court of Human Rights, sitting as a Grand Chamber
composed of:
Jean-Paul Costa, President,
Christos Rozakis,
Françoise Tulkens,
Ireneu Cabral Barreto,
Boštjan M. Zupančič,
Nina Vajić,
Elisabeth Steiner,
Alvina Gyulumyan,
Renate Jaeger,
David Thór Björgvinsson,
Ineta Ziemele,
Isabelle Berro-Lefèvre,
Ledi Bianku,
Nona Tsotsoria,
Zdravka Kalaydjieva,
Işıl Karakaş,
Guido Raimondi, judges,
and Vincent Berger, Jurisconsult,
Having deliberated in private on 29 September 2010 and on 16 February
2011,
Delivers the following judgment, which was adopted on the
last-mentioned date:
PROCEDURE
1. The case originated in an application (no. 23458/02) against the
Italian Republic lodged with the Court under Article 34 of the Convention
for the Protection of Human Rights and Fundamental Freedoms (“the
Convention”) by three Italian nationals, Mr Giuliano Giuliani, Ms Adelaide
Gaggio (married name Giuliani) and Ms Elena Giuliani (“the applicants”),
on 18 June 2002.
2. The applicants were represented by Mr N. Paoletti and Mr G. Pisapia,
lawyers practising in Rome. The Italian Government (“the Government”)
were represented by their Agent, Mrs E. Spatafora, and by their co-Agent,
Mr N. Lettieri.
3. The applicants complained of the death of their son and brother,
Carlo Giuliani, which they considered to have been caused by excessive use
of force. They further alleged that the respondent State had not taken the
necessary legislative, administrative and regulatory measures to reduce as