14
GIULIANI AND GAGGIO v. ITALY JUDGMENT
its irregular shape was explained chiefly by the type of tissue in the part of
the body struck by the bullet. However, one possible explanation was that
the bullet had not hit Carlo Giuliani directly, but had encountered an
intermediate object which could have distorted it and slowed it down before
it reached the victim's body. That hypothesis would explain the small
dimensions of the exit wound and the fact that the bullet had fragmented
inside Carlo Giuliani's head.
61. The experts reported finding a small fragment of lead, probably from
the bullet, which had come off Carlo Giuliani's balaclava when the latter
was being handled; it was impossible to ascertain whether the fragment had
come from the front, side or back of the balaclava. It bore traces of a
substance which was not part of the bullet as such, but came from material
used in the building industry. In addition, micro-fragments of lead were
found on the front and back of the balaclava, apparently confirming the
hypothesis that the bullet had lost part of its casing at the moment of impact.
According to the experts, it was not possible to establish the nature of the
“intermediate object” apparently hit by the bullet; however, they ruled out
the possibility that it was the fire extinguisher which Carlo Giuliani had
been holding in his outstretched hand. The distance from which the shot had
been fired had been in excess of 50-100 centimetres.
62. In order to reconstruct the events on the basis of the “intermediate
object theory”, the experts then had some test shots fired and conducted
video and computer simulations. They concluded that it was not possible to
establish the bullet's trajectory as the latter had undoubtedly been altered as
a result of the collision. On the basis of video footage showing a stone
disintegrating in the air and of the shot that could be heard on the
soundtrack, the experts concluded that the stone had shattered immediately
after the shot had been fired. A computer simulation showed the bullet, fired
upwards, hitting Carlo Giuliani after colliding with the stone in question,
thrown at the jeep by another demonstrator. The experts estimated that the
distance between Carlo Giuliani and the jeep had been approximately
1.75 metres and that M.P. had been able to see Carlo Giuliani at the moment
the shot was fired.
6. The applicants' investigations
63. The applicants submitted a statement made to their lawyer by J.M.,
one of the demonstrators, on 19 February 2002. J.M. stated in particular that
Carlo Giuliani had still been alive after the jeep had driven over his body.
The applicants also produced a statement made by a carabiniere (V.M.),
who reported a widespread practice among law-enforcement officers
consisting in altering bullets of the kind used by M.P. in order to increase
their capacity to expand and hence fragment.
64. Lastly, the applicants submitted two reports drawn up by experts
they themselves had chosen. According to one of the experts, Mr Gentile,