10
GIULIANI AND GAGGIO v. ITALY JUDGMENT
were forced back by the demonstrators coming from Via Tolemaide; they
initially withdrew in an orderly manner, and then in disorderly fashion.
Mr Cappello did not realise that, when the carabinieri withdrew, they were
being followed by the two jeeps, as there was no “operational reason” for
the vehicles to be there. The demonstrators dispersed only when the mobile
police units stationed on the other side of Piazza Alimonda intervened. Only
then did he observe a man wearing a balaclava lying on the ground,
apparently seriously injured. Some of his men were wearing helmets
equipped with video cameras which should make it possible to shed light on
the sequence of events; the video recordings were handed over to
Colonel Leso.
43. Lieutenant-Colonel Truglio, Captain Cappello's superior officer,
stated that he had stopped around ten metres from Piazza Alimonda and
thirty to forty metres from the jeep, and had seen the jeep drive over a body
lying on the ground.
(b) Statement by police officer Lauro
44. On 21 December 2001 Mr Lauro gave evidence to the public
prosecutor. He stated that he had learnt of the change to the service
instructions on the morning of 20 July 2001. At the hearing of 26 April
2005 during the “trial of the twenty-five”, he stated that he had been
informed on 19 July 2001 that no march was authorised for the following
day. On 20 July he had still been unaware that an authorised march was due
to take place. During the day he went to Piazza Tommaseo, where clashes
were taking place with demonstrators. At 3.30 p.m., while the situation was
calm, Lieutenant-Colonel Truglio and the two jeeps joined the contingent.
Between 4 p.m. and 4.45 p.m. the contingent was involved in clashes on
Corso Torino. It then arrived in the vicinity of Piazza Tommaseo and Piazza
Alimonda. Lieutenant-Colonel Truglio and the two jeeps came back and the
contingent was reorganised. Mr Lauro observed a group of demonstrators at
the end of Via Caffa who had formed a barrier using wheeled refuse
containers and were advancing towards the law-enforcement officers. He
asked Captain Cappello whether his men were in a position to deal with the
situation and the latter replied in the affirmative. Mr Lauro and the
contingent therefore took up positions close to Via Caffa. He heard an order
to withdraw and took part in the disorderly withdrawal of the contingent.
(c) Other statements made to the public prosecutor
45. Some demonstrators present at the time of the events also gave
statements to the public prosecutor. Some of them said they had been very
close to the jeep and had themselves thrown stones and had struck the jeep
with sticks and other objects. According to one demonstrator, M.P. had
cried: “Bastards, I'm going to kill the lot of you!”. Another noticed that the
carabiniere inside the jeep had taken out his pistol; the demonstrator then