GIULIANI AND GAGGIO v. ITALY JUDGMENT
29
commission referred in that regard to the “double game” being played by
the Genoa Social Forum). The parliamentary commission's report concluded
as follows:
“The commission ... reiterates that violence is not and must not be a tool for political
action and that the rule of law is a fundamental value of democratic societies. At the
same time it emphasises strongly the inviolability of the constitutional principles of
freedom to express one's thoughts and respect for the individual even – not to say
especially – where he or she is detained following arrest, and also the need to ensure
the safety of citizens and public order; if acts constituting a criminal or disciplinary
offence are established, [the commission] would like to see the judicial authority and
the administrative bodies concerned identify those responsible and punish their
actions.”
117. The Government produced before the Court the verbatim records of
the hearings at which the parliamentary commission had heard evidence
from the Minister of the Interior, the Director-General of the Public Safety
Department and the Commander-General of the Revenue Police.
118. On 20 September 2001 a group of parliamentarians called on the
government to explain why law-enforcement officers being deployed on
public-order operations were equipped with live ammunition rather than
rubber bullets. The parliamentarians advocated the use of the latter, arguing
that they had been used successfully on several occasions in other countries.
119. The government spokesman replied that the legislation made no
provision for that option and that, moreover, it had not been proven that
rubber bullets did not also cause very serious harm to the victim. Finally, he
said that the possibility of introducing non-lethal weapons was currently
being examined.
120. On 22 June 2006 the applicants applied to the Prime Minister's
Office and to the Ministry of Defence for compensation in respect of the
damage they had suffered as a result of the death of Carlo Giuliani. The
Government explained that the application had been refused on the ground
that it had been established in criminal proceedings that M.P. had acted in
self-defence. For the same reason, no disciplinary proceedings were
instituted against M.P.
G. The decisions given in the “trial of the twenty-five”
1. The first-instance judgment
121. On 13 March 2008 the Genoa District Court published its reasoning
in the judgment adopted on 14 December 2007 following the trial of
twenty-five demonstrators charged with a number of offences committed on
20 July 2001 (including criminal damage, theft, destroying property, looting
and acts of violence against law-enforcement officers). During the trial, in
which 144 hearings were held, the District Court, among other things, heard