30
GIULIANI AND GAGGIO v. ITALY JUDGMENT
evidence from numerous witnesses and examined a wealth of audiovisual
material.
122. The District Court held, inter alia, that the attack by carabinieri on
the Tute Bianche marchers had been unlawful and arbitrary. The march had
been authorised and the demonstrators had not committed any significant
acts of violence against the carabinieri. The attack by the latter had been
launched against hundreds of persons who were doing no harm, and no
order to disperse had been given. The subsequent charge had also been
unlawful and arbitrary. It had not been preceded by a warning to disperse,
had not been ordered by the officer authorised to do so and had been
unnecessary.
123. The methods deployed had also been unlawful. The carabinieri had
fired tear-gas grenades at chest height, a large number of demonstrators had
sustained injuries caused by non-regulation batons, and the armoured
vehicles had knocked down the barricades and pursued members of the
crowd along the pavement with the clear intention of causing harm.
124. The unlawful and arbitrary nature of the carabinieri's actions had
justified the resistance shown by the demonstrators while tear gas was being
used and during the attack on the march. Their resistance had also been
warranted during the clashes which occurred in the side streets prior to
3.30 p.m., that is, up to the point at which the carabinieri had acted on the
order to stop and allow the march to proceed. According to the court, the
accused's actions had been a “necessary response” to the arbitrary actions of
the law-enforcement officers for the purposes of Article 4 of Legislative
Decree no. 288 of 1944. Article 4 reads as follows:
“Articles 336, 337, 338, 339, 341, 342 and 343 of the Criminal Code [making
punishable various acts of resistance against law-enforcement officers] shall not apply
where the State agent or person authorised to exercise public authority caused the
offence contemplated in those Articles by overstepping the limits of his or her
authority through arbitrary acts.”
125. The District Court decided to forward the file to the public
prosecutor's office on the ground that the statements made by Mr Mondelli
and two other law-enforcement officers (to the effect that the attack had
been necessary to counter the aggression shown by the demonstrators) did
not match the facts.
126. After 3.30 p.m., although the demonstrators may still have felt a
sense of abuse and injustice, their conduct had no longer been defensive but
had been driven by a desire for revenge; it was therefore unjustified and
punishable.
127. The charge ordered by police officer Lauro, which had triggered
the events on Piazza Alimonda, had been neither unlawful nor arbitrary. As
a result, the violent reaction by the demonstrators, which had led to the
carabinieri being pursued and the jeep being attacked, could not be
regarded as a defensive response.