GIULIANI AND GAGGIO v. ITALY JUDGMENT – SEPARATE OPINIONS 95 of the autopsy ordered by the public prosecutor would not be known for another sixty days. Concern to ensure that the examinations were carried out in a professional and reliable manner might have prompted them either to contest the lawfulness of the autopsy or to request that it be performed again. Far from doing this, they had requested permission to cremate the remains. In doing so they had known, or should have known, that if their request was granted no further examination of the body would be possible. If the applicants had wished to retain the option of further forensic examination, according to the Government, they should have opted to have their son buried. 16. It is our belief that a family dealing with such a tragic event cannot be criticised for failing to weigh up carefully all the ramifications of a request to have the remains returned to them, made immediately after their son's death. Although the applicants requested permission to cremate the body, the public prosecutor's office could have refused the request or insisted that the cremation should not take place until the results of the autopsy had been published. On the latter point it would have been preferable for the forensic experts to be given a shorter deadline for completion of their task. A period of sixty days for the preparation of a report a few pages long in such a sensitive and widely publicised case seems excessive. 17. In these circumstances we believe that the Grand Chamber should have upheld and reinforced the Chamber's finding that the circumstances surrounding the autopsy and the cremation of the applicants' son's body were in breach of Article 2 in its procedural aspect. 18. The second question is whether the lack of an investigation aimed at establishing possible liability on the part of certain police officials breached the procedural obligations arising out of Article 2. We have just concluded that there were a number of failings, imputable to the Italian authorities, in terms of the support provided to M.P. and the consideration of his particular situation during the G8 summit in Genoa, and in terms of the organisation of the policing operations. This being so, was there an obligation to institute investigations to elucidate these aspects of the case? The domestic investigation in the instant case was confined to the exact circumstances of the incident itself, examining only whether those immediately involved should be held liable, without seeking to shed light on possible shortcomings in the planning and management of the public-order operations. 19. Of course we agree that it would be unreasonable to require a State to institute a criminal investigation where no offence has been committed. In line with the general principles of criminal law common to the Contracting States, in the circumstances of the present case the only persons who might have been held criminally responsible for the death of the applicants' son were M.P. and F.C., who were placed under investigation

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