Absolutely necessary use of force: taking lives during mass demonstrations

The State’s obligation to protect the right to life must include not only taking reasonable measures to ensure the safety of individuals in public places, but also, in the event of serious injury or death, ensuring the existence of an effective independent judicial system that guarantees the availability of legal remedies by which the facts can be quickly established, those responsible held accountable and the victim provided with adequate compensation.

• Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], Paras 131-132

Considering the manifestly violent nature of the attack on the jeep, the Court considers that the police officer acted on the basis of a deep-seated conviction that his life and physical integrity, as well as those of his colleagues, were in danger as a result of the unlawful attack against him. The police officer was therefore entitled to use appropriate means to protect himself and the other persons in the jeep.

• Giuliani and Gaggio v. Italy [GC], Para 189

Before opening fire, the police officer showed his gun, pointing it towards the rear window of the jeep, and shouted at the demonstrators to back off if they did not want to be shot. The police officer’s actions and words were a clear warning that he intended to open fire. In addition, photographs show that at that moment, at least one of the demonstrators was rushing to flee the scene.

• Giuliani and Gaggio v. Italy [GC], Para 190

In this extremely tense situation, Carlo Giuliani decided to pick up a fire extinguisher that was lying on the ground. Carlo Giuliani raised it to chest level with the clear intention of throwing it at the people in the jeep. His actions could be interpreted by the police officer as a sign that Carlo Giuliani, despite the police officer’s clearly stated warnings and the fact that the police officer had drawn his gun, had no intention of stopping or reducing the intensity of his attack on the jeep. Furthermore, the vast majority of demonstrators showed their intention to continue the attack. In such a situation, the police officer sincerely believed that his life was in danger, which may even have increased. This served as a justification for the use of potentially lethal means of defence, such as firing a firearm.

• Giuliani and Gaggio v. Italy [GC], Para 190

Regarding the events that followed the opening of fire, there is no evidence that the assistance provided to the victim of the shooting was inadequate or delayed, or that the jeep drove over his body intentionally.

• Giuliani and Gaggio v. Italy [GC], Para 261