GIULIANI AND GAGGIO v. ITALY JUDGMENT
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E. Burial and cremation
152. Article 116 of the implementing provisions of the CCP concerns
investigations into deaths where there are grounds for suspecting that a
crime has been committed. This Article provides:
“Where it is suspected that a person died as the result of a crime, the public
prosecutor shall verify the cause of death and, should he or she consider it necessary,
shall order an autopsy in accordance with the procedure laid down in Article 369 of
the Code or apply for the immediate production of evidence ...
... The burial may not take place without an order from the public prosecutor.”
153. Article 79 of Presidential Decree no. 285 of 10 September 1990
stipulates that cremation must be authorised by the judicial authority where
death occurred suddenly or in suspicious circumstances.
III. RELEVANT INTERNATIONAL PRINCIPLES AND DOCUMENTS
A. United Nations Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials
154. The relevant parts of these principles (“the UN Principles”), which
were adopted by the Eighth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, held in Havana (Cuba) from
27 August to 7 September 1990, provide as follows:
“1. Governments and law enforcement agencies shall adopt and implement rules
and regulations on the use of force and firearms against persons by law enforcement
officials. In developing such rules and regulations, Governments and law enforcement
agencies shall keep the ethical issues associated with the use of force and firearms
constantly under review.
2. Governments and law enforcement agencies should develop a range of means as
broad as possible and equip law enforcement officials with various types of weapons
and ammunition that would allow for a differentiated use of force and firearms. These
should include the development of non-lethal incapacitating weapons for use in
appropriate situations, with a view to increasingly restraining the application of means
capable of causing death or injury to persons. For the same purpose, it should also be
possible for law enforcement officials to be equipped with self-defensive equipment
such as shields, helmets, bullet-proof vests and bullet-proof means of transportation,
in order to decrease the need to use weapons of any kind.
...
9. Law enforcement officials shall not use firearms against persons except in
self-defence or defence of others against the imminent threat of death or serious
injury, to prevent the perpetration of a particularly serious crime involving grave
threat to life, to arrest a person presenting such a danger and resisting their authority,
or to prevent his or her escape, and only when less extreme means are insufficient to