20
GIULIANI AND GAGGIO v. ITALY JUDGMENT
moment two shots were fired from inside the jeep and the young man fell to
the ground. The jeep drove over his body twice before managing to leave
the scene.
86. All the available evidence, including M.P.'s statement of 20 July
2001 (see paragraphs 34-36 above), indicated that Carlo Giuliani's death had
been caused by one of the shots fired by M.P. The investigating judge cited
virtually the whole of that statement, in which M.P. spoke of his state of
panic, the injuries he and D.R. had sustained and the fact that at the moment
he pointed his pistol he had not seen anyone but had been aware of the
presence of attackers because of the continuous barrage of stones. That
version matched the statements made by D.R. and F.C. and those of other
armed forces personnel and witnesses. In addition, the case file showed that
M.P. had bruising and injuries to his right leg, his arm and the top of his
skull; D.R. had scratches on his face and bruising on his shoulder and foot,
while F.C. had a post-traumatic disorder treatable within fifteen days (see
paragraphs 51-53 above).
2. The “intermediate object” theory
87. The investigating judge noted that the evidence in the file showed
that the first bullet fired by M.P. had killed Carlo Giuliani. In exiting
through the occipital bone in the skull the bullet had lost a fragment of its
casing, as shown by the scan performed before the autopsy. This fact,
combined with the characteristics of the entry and exit wounds, had led the
prosecuting authorities' experts to formulate the theory that the bullet had
collided with an object before hitting Carlo Giuliani. The entry wound had
been very irregular in shape and the exit wound had been small, as was the
case when a bullet had lost momentum and/or fragmented.
88. The bullet in question was an encased 9 mm parabellum, and
therefore very powerful. This fact, together with the low resistance of the
body tissue through which the bullet had travelled, served to confirm the
theory advanced by the prosecuting authorities' experts. Moreover, a “tiny
fragment of lead”, compatible with the bullets issued to M.P., had been
found in the victim's balaclava with particles of bone attached to it. This
suggested that the bullet had lost part of its casing before hitting the bone.
89. The simulated shots had revealed that the intermediate object which
caused the bullet to fragment could not have been either the fire
extinguisher carried by the victim or one of the bones through which the
bullet had passed; on the other hand, it could have been one of the numerous
stones thrown at the jeep by demonstrators. This appeared to be confirmed
by the video footage showing a stone disintegrating in the air at the same
time as a shot was heard. The fact that the sound and the disintegration of
the object occurred simultaneously made the applicants' theory that the
stone had smashed on impact with the roof of the jeep less convincing.
Furthermore, the lead fragment in the victim's balaclava had borne traces of