GIULIANI AND GAGGIO v. ITALY JUDGMENT 51 demonstrators and the law-enforcement agencies: in particular, Marassi Prison had come under attack (see paragraph 134 above), the carabinieri had charged the Tute Bianche march (see paragraphs 18-19, 122-124 and 132-136 above) and an armoured vehicle belonging to the carabinieri had been set on fire (see paragraph 20 above). Following these incidents, at around 5 p.m., when the situation was relatively calm, a battalion of carabinieri took up positions on Piazza Alimonda, where two Defender jeeps were located; on board one of the jeeps were two carabinieri, M.P. and D.R., who were unfit to remain on duty (see paragraphs 21, 23 and 29 above). 184. Shortly afterwards, the carabinieri left their positions to confront a group of aggressive demonstrators; the jeeps followed the carabinieri. However, the latter were forced to retreat rapidly as the demonstrators succeeded in repelling the charge. The jeeps then tried to reverse away, but the one in which M.P. and D.R. were travelling found its way blocked by an overturned refuse container and was unable to leave the scene rapidly as its engine had stalled (see paragraphs 21-22 above). 185. This is one of those rare cases in which the moments leading up to and following the use of lethal force by a State agent were photographed and filmed. Accordingly, the Court cannot but attach considerable importance to the video footage produced by the parties, which it had the opportunity to view (see paragraphs 9 and 139 above) and the authenticity of which has not been called into question. 186. This footage and the photographs in the file show that, as soon as it became hemmed in by the refuse container, the jeep driven by F.C. was attacked and at least partially surrounded by the demonstrators, who launched an unrelenting onslaught on the vehicle and its occupants, tilting it sideways and throwing stones and other hard objects. The jeep's rear window was smashed and a fire extinguisher was thrown into the vehicle, which M.P. managed to fend off. The footage and photographs also show one demonstrator thrusting a wooden beam through the side window, causing shoulder injuries to D.R., the other carabiniere who had been taken off duty (see paragraph 84 above). 187. This was quite clearly an unlawful and very violent attack on a vehicle of the law-enforcement agencies which was simply trying to leave the scene and posed no threat to the demonstrators. Whatever may have been the demonstrators' intentions towards the vehicle and/or its occupants, the fact remains that the possibility of a lynching could not be excluded, as the Genoa District Court also pointed out (see paragraph 128 above). 188. The Court reiterates in that regard the need to consider the events from the viewpoint of the victims of the attack at the time of the events (see paragraph 179 above). It is true, for instance, that other carabinieri were positioned nearby who could have intervened to assist the jeep's occupants had the situation degenerated further. However, this fact could not have

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