8
GIULIANI AND GAGGIO v. ITALY JUDGMENT
deployed to fire tear gas. He stated that during the public-order operations
he had been supposed to move around on foot with his detachment. Having
fired several tear-gas grenades, he had felt a burning in his eyes and face
and had asked Captain Cappello for permission to board a jeep. Shortly
afterwards another carabiniere (D.R.), who was injured, had joined him.
36. M.P. said that he had been very frightened because of everything he
had seen being thrown that day, and was particularly afraid that the
demonstrators would throw Molotov cocktails. He explained that he had
grown more afraid after being injured in the leg by a metal object and in the
head by a stone. He had become aware that the jeep was under attack
because of the stones being thrown and had thought that “hundreds of
demonstrators were surrounding the jeep”, although he added that “at the
time [he] fired the shots, no one was in sight”. He said he had been
“panic-stricken”. At some point he realised that his hand was gripping his
pistol; he thrust the hand carrying the weapon through the jeep's rear
window and, after about a minute, fired two shots. He maintained that he
had not noticed Carlo Giuliani behind the jeep either before or after firing.
(b) F.C.'s statement
37. F.C., the jeep's driver, was born on 3 September 1977 and had been
serving as a carabiniere for twenty-two months. At the material time he was
twenty-three years and ten months old. He stated that he had been in an
alleyway near Piazza Alimonda and had attempted to reverse towards the
square because the detachment was being pushed back by the
demonstrators. However, he had found his path blocked by a refuse
container and his engine had stalled. He had concentrated on trying to move
the jeep out while his colleagues inside the vehicle were shouting. As a
result, he had not heard the shots. Lastly, he stated: “I did not notice anyone
on the ground because I was wearing a mask, which partly blocked my view
... and also because it is hard to see properly out the side of the vehicle. I
reversed and felt no resistance; actually, I felt the left wheel jolt and thought
it must be a pile of rubbish, since the refuse container had been overturned.
The only thought in my head was how to get out of that mess.”
(c) D.R.'s statement
38. D.R., who was born on 25 January 1982, had been performing
military service since 16 March 2001. At the material time he was nineteen
years and six months old. He stated that he had been struck in the face and
back by stones thrown by demonstrators and had started to bleed. He had
tried to protect himself by covering his face, and M.P. for his part had tried
to shield him with his body. At that point, he could no longer see anything,
but he could hear the shouting and the sound of blows and objects entering
the jeep. He heard M.P. shouting at their attackers to stop and leave, and
then heard two shots.