44
GIULIANI AND GAGGIO v. ITALY JUDGMENT
participation in torture, can be investigated, prosecuted and punished without time
limitations.”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION IN
ITS SUBSTANTIVE ASPECT
157. The applicants complained that Carlo Giuliani had been killed by
the law-enforcement agencies and that the authorities had not safeguarded
his life. They relied on Article 2 of the Convention, which provides:
“1. Everyone's right to life shall be protected by law. No one shall be deprived of
his life intentionally save in the execution of a sentence of a court following his
conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this
article when it results from the use of force which is no more than absolutely
necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.”
A. Whether the use of lethal force was justified
158. The applicants submitted first of all that in the specific
circumstances of the case the use of lethal force by M.P. had not been
“absolutely necessary” in order to achieve the aims enumerated in the
second paragraph of Article 2 of the Convention. The Government
contested that argument.
1. The parties' submissions
(a) The applicants
159. The applicants pointed out that they had never subscribed to the
“intermediate object theory”. According to their expert, Mr Gentile, the
bullet had not fragmented on striking the victim's body (see paragraph 64
above). However, since the bullet was not available and neither the shape
nor the dimensions of the “intermediate object” were known, it was