GIULIANI AND GAGGIO v. ITALY JUDGMENT
61
which M.P. had been travelling, which was driven by another carabiniere,
had driven twice over the body of the victim, who had been shot but was
still alive.
(b) The Government
230. The Government observed that Carlo Giuliani's death had resulted
from the individual action taken by M.P., which had not been ordered or
authorised by his superior officers. It had therefore been an unforeseen and
unforeseeable reaction. The conclusions of the investigation ruled out any
responsibility on the part of the State, including indirect responsibility on
account of supposed shortcomings in the organisation or management of the
public-order operations. The “problems” referred to by the public
prosecutor in the request for the proceedings to be discontinued, in
particular on account of the organisational changes made the night before
the events (see paragraph 67 above), had not been specified nor had their
existence been established.
231. In any event, there was no indication of any error of assessment in
the organisation of the operation which could be linked to the events at
issue. It was not possible to establish a causal link between the death of
Carlo Giuliani and the attack on the Tute Bianche march, which had
“nothing to do” with the events on Piazza Alimonda. Nor were there any
grounds for asserting that the contingent of carabinieri should not have
been sent to Piazza Alimonda, been given time to regroup and been
deployed to deal with the demonstrators.
232. What distinguished the present case from Ergi v. Turkey (28 July
1998, Reports 1998-IV), Oğur v. Turkey ([GC], no. 21594/93,
ECHR 1999-III) and Makaratzis (cited above) was the fact that, in the
context of the G8, the planning of operations had inevitably been
incomplete and approximate, given that the demonstrators could either have
remained peaceful or have engaged in violence. The authorities had been
unable to predict in detail what would happen and had to ensure that they
could intervene in a flexible manner, which was difficult to plan for.
233. Likewise, the principles articulated in McCann and Others and
Andronicou and Constantinou (both cited above) had no bearing on the
present case, since they related to a policing operation with a precise target
rather than an urban guerrilla-type situation lasting three days, which was in
constant flux and was spread over an entire city. In the latter situation,
preventive planning was impossible as the decisions were taken by the
commanding officers on the ground in the light of the scale of the violence
and the dangers.
234. The demonstrations in Genoa should have been peaceful and
lawful. The video footage showed that most of the demonstrators had acted
within the law and without recourse to violence. The authorities had done
everything in their power to prevent disruptive elements from mingling with
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