Giuliani and Gaggio v Italy: The Context of Violence, The Right to Life and Democratic Values

February 22, 2010 | No Comments

Stephen Skinner (University of Exeter)

European Human Rights Law Review E.H.R.L.R. (2010) No.1 Pages 85-93

Discusses the implications of the European Court of Justice decision in Giuliani v Italy (23458/02) in which it was established that the 2001 shooting of a G8 summit demonstrator in Genoa by an auxiliary carabiniere did not constitute a breach of the European Convention on Human Rights 1950 art.2 by reason of an excessive use of force, but that it had breached its procedural aspects as a result of the inadequate investigation into his death. Considers the arguments on the use of lethal force, the criticisms of the Italian regulatory framework and the public order policing operation, the procedural dimension, and the right to life in terms of the violent context

Art. 02 Right to Life, Criminal Law and Criminal Procedure, Police Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.