Judgment concerning Italy
In the case Magherini and Others v. Italy the Court held that there had been two violations of the right to life/investigation.
The applicants in the case alleged that law-enforcement officers (carabinieri) had used excessive force in 2014 when dispatched to deal with their relative, R.M., who had been visibly agitated and distraught on a street in Florence. He died after the carabinieri had immobilised and handcuffed him, and held him in the prone position for approximately 20 minutes.
The Court found that the carabinieri holding R.M. on the ground in the prone position for approximately 20 minutes after his initial immobilisation, and even after he had apparently become unresponsive, had not been absolutely necessary to restrain him. It also found shortcomings in the ensuing investigation (as concerned its independence), the training of law-enforcement officers in immobilisation techniques and the guidelines in force in Italy at the time for placing individuals in the prone position with minimum risk to health and life.
The Court did not, however, voice an opinion on any criminal responsibility of the individuals involved in the incident. Nor did it not call into question the decisions of the Italian courts, which had ultimately acquitted the four carabinieri involved in the incident.