GIULIANI AND GAGGIO v. ITALY JUDGMENT
11
shouted to his friends to watch out and moved away. Another demonstrator
said that M.P. had been protecting himself on one side with a riot shield.
46. Some individuals who witnessed the events from the windows of
their homes said they had seen a demonstrator pick up a fire extinguisher
and raise it up. They had heard two shots and had seen the demonstrator fall
to the ground.
4. Audiovisual material
47. The public prosecutor's office ordered the law-enforcement agencies
to hand over any audiovisual material which might help in reconstructing
the events on Piazza Alimonda. Photographs had been taken and video
recordings made by film crews, helicopter cameras and miniature video
cameras in the helmets of some of the officers. Pictures taken by private
individuals were also available.
5. The forensic examinations
(a) The autopsy
48. Within twenty-four hours the public prosecutor's office ordered an
autopsy to establish the cause of Carlo Giuliani's death. On 21 July 2001 at
12.10 p.m. notice of the autopsy – specifying that the injured party could
appoint an expert and a lawyer – was served on the first applicant, Carlo
Giuliani's father. At 3.15 p.m. Mr Canale and Mr Salvi, the experts
appointed by the prosecuting authorities, were given their official brief and
work commenced on the autopsy. The applicants did not send any
representative or expert of their own.
49. The experts requested the public prosecutor's office to give them
sixty days to prepare their report. The request was granted. On 23 July 2001
the public prosecutor's office authorised the cremation of Carlo Giuliani's
body in accordance with the family's wishes.
50. The expert report was submitted on 6 November 2001. It found that
Carlo Giuliani had been struck below the left eye by a bullet which had
passed through the skull and exited through the rear of the skull on the left.
The bullet's trajectory had been as follows: it had been fired from a distance
exceeding fifty centimetres and had travelled from front to back, from right
to left and in a downward direction. Carlo Giuliani had been 1.65 metres
tall. The person firing the shot had been facing the victim and slightly to his
right. According to the experts, the bullet injury to the head had resulted in
death within a few minutes; the jeep's being driven over the body had
caused only insignificant minor injuries to the organs in the thorax and the
abdomen.