GIULIANI AND GAGGIO v. ITALY JUDGMENT – SEPARATE OPINIONS 97 JOINT PARTLY DISSENTING OPINION OF JUDGES TULKENS, ZUPANČIČ, GYULUMYAN AND KARAKAŞ (Translation) To our considerable regret we are unable to subscribe to the majority view, not just in relation to the finding that there has been no violation of Article 2 of the Convention in its substantive and procedural aspects as regards the domestic legislative framework governing the use of lethal force, the weapons with which the law-enforcement agencies were issued during the G8 summit in Genoa and the organisation and planning of the policing operations at the G8 (on which points we would refer to our partly dissenting opinion shared by Judges Rozakis, Ziemele and Kalaydjieva), but also in relation to the finding (point 1 of the operative provisions) that the use of lethal force was “absolutely necessary” in the particular circumstances of this case. 1. On the subject of Article 2 of the Convention and the issue whether the fatal shot was justified, we do not doubt the existence of a serious and objective threat to M.P. at the moment he fired the fatal shot. As the photographs and audiovisual footage submitted by the parties show, the jeep with M.P. on board was surrounded by demonstrators who were throwing an assortment of objects and had tried to grab M.P. by the legs in order to pull him out of the vehicle; the possibility of a lynching could not be ruled out. Furthermore, before firing the shots, M.P. had displayed his gun and clearly warned the demonstrators, shouting at them to leave unless they wanted to be killed. Even amidst the confusion reigning around the jeep at the material time, the sight of a loaded weapon, together with the threats uttered by M.P., must have indicated to the demonstrators in no uncertain terms that the carabiniere was prepared to defend his life and/or his physical integrity by using potentially lethal force. 2. Despite this, the applicants' son decided to continue his assault on the carabinieri vehicle and its occupants, approaching the jeep brandishing a fire extinguisher above his chest, prompting fears that he might use it as a blunt instrument. It could therefore be argued that the applicants' son bore responsibility for his unlawful action, which triggered the tragic course taken by events (see, mutatis mutandis, Solomou and Others v. Turkey, no. 36832/97, § 48, 24 June 2008); according to this argument, he knew or ought to have known that his action placed him at risk of a response from the vehicle's occupants, possibly involving the use of the weapons with which the carabinieri were equipped. 3. There is, however, one factor which runs counter to this interpretation of events and which the Grand Chamber's judgment does not take into consideration. When questioned by a representative of the public prosecutor's office, M.P. stated that he had not aimed at anyone and that no