86
GIULIANI AND GAGGIO v. ITALY JUDGMENT
referred to paragraphs 5 and 8 of the UN Principles (see paragraph 154
above) and relied on Article 3 of the Convention, which provides:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
328. The Government maintained that this complaint was manifestly
ill-founded, given that the autopsy report had found that the jeep's having
driven over Carlo Giuliani's body had not entailed any serious consequences
for him, and given the rapid attempts to render assistance to the victim.
329. The Chamber, observing that it could not be inferred from the
law-enforcements officers' conduct that they had the intention to inflict pain
or suffering on Carlo Giuliani, took the view that it was not necessary to
examine the case under Article 3 of the Convention (see
paragraphs 260-261 of the Chamber judgment).
330. The Court considers that the facts complained of fall within the
scope of the examination it has carried out under Article 2 of the
Convention. Accordingly, it sees no reason to depart from the approach
taken by the Chamber.
IV. ALLEGED VIOLATION OF ARTICLES 6 AND 13 OF THE
CONVENTION
331. The applicants complained that they had not had the benefit of an
investigation that conformed to the procedural requirements arising out of
Articles 6 and 13 of the Convention.
Article 6 § 1, in its relevant parts, provides:
“In the determination of his civil rights and obligations ... everyone is entitled to a
fair and public hearing within a reasonable time by an independent and impartial
tribunal established by law.”
Article 13 of the Convention provides:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
332. The applicants submitted that, in view of the inconsistent and
incomplete findings of the investigation, the case had required more detailed
examination within a framework of genuine adversarial proceedings.
333. The Government called on the Court to find that no separate issue
arose under Articles 6 and 13 of the Convention or, alternatively, that there
had been no breach of those provisions, given the way in which the
investigation had been conducted and the fact that the applicants had
participated in it.
334. The Chamber considered that, in view of its finding of a violation
of Article 2 of the Convention in its procedural aspect, it was not necessary
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