82
GIULIANI AND GAGGIO v. ITALY JUDGMENT
and of the inquiry conducted by the parliamentary commission (see
paragraphs 107-117 above). Furthermore, the Genoa questura was the
subject of an administrative inspection (which identified problems in the
organisation of the law-enforcement operations and “potentially punishable”
incidents) and the Public Safety Department of the Ministry of the Interior
proposed taking disciplinary action against several police officers and the
Genoa questore (see paragraph 140 above).
311. It remains to be determined whether the applicants were afforded
access to the investigation to the extent necessary to safeguard their
legitimate interests, whether the proceedings satisfied the requirement of
promptness arising out of the Court's case-law and whether the persons
responsible for and conducting the investigation were independent from
those implicated in the events.
312. In that connection the Court observes that it is true that under
Italian law the injured party may not apply to join the proceedings as a civil
party until the preliminary hearing, and that no such hearing took place in
the present case. Nevertheless, at the stage of the preliminary investigation
injured parties may exercise rights and powers expressly afforded to them
by law. These include the power to request the public prosecutor to apply to
the investigating judge for the immediate production of evidence
(Article 394 of the CCP) and the right to appoint a legal representative. In
addition, injured parties may submit pleadings at any stage of the
proceedings and, except in cassation proceedings, may request the inclusion
of evidence (Article 90 of the CCP – see Sottani, cited above, where these
considerations led the Court to conclude that the civil limb of Article 6 § 1
of the Convention was applicable to criminal proceedings in which the
applicant participated as an injured party but not as a civil party).
313. It is not disputed in the instant case that the applicants had the
option to exercise these rights. In particular, they appointed experts of their
own choosing, whom they instructed to prepare expert reports which were
submitted to the prosecuting authorities and the investigating judge (see
paragraphs 64-66 above), and their representatives and experts participated
in the third set of ballistics tests (see paragraph 57 above). Furthermore,
they were able to lodge an objection against the request to discontinue the
proceedings and to indicate additional investigate measures which they
wished to see carried out. The fact that the Genoa investigating judge,
making use of her powers to assess the facts and the evidence, refused their
requests (see paragraph 104 above) does not in itself amount to a violation
of Article 2 of the Convention, particularly since the investigating judge's
decision on these points does not appear to the Court to have been arbitrary.
314. The applicants complained in particular that they had not had
enough time to appoint an expert of their choosing ahead of the autopsy on
21 July 2001. They also complained of the “superficial” nature of the
autopsy report and the impossibility of conducting further expert medical
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