66
GIULIANI AND GAGGIO v. ITALY JUDGMENT
(b) Application of these principles to the present case
252. The Court notes first of all that the demonstrations surrounding the
G8 summit in Genoa degenerated into violence. On 20 July 2001 numerous
clashes took place between the law-enforcement agencies and a section of
the demonstrators. This is amply demonstrated by the video footage
produced by the parties. These images also show violence being perpetrated
by some police officers against demonstrators (see paragraph 139 above).
253. The fact remains, however, that the present application does not
concern the organisation of the public-order operations during the G8 as a
whole. It is confined to examining, among other things, whether, in the
organisation and planning of that event, failings occurred which can be
linked directly to the death of Carlo Giuliani. In that connection it should be
noted that violent incidents had been observed well before the tragic events
on Piazza Alimonda. In any event, there are no objective grounds for
believing that, had those violent incidents not occurred, and had the Tute
Bianche march not been charged by the carabinieri, M.P. would not have
fired shots to defend himself against the unlawful violence to which he was
being subjected. The same conclusion must be reached as regards the
changes to the instructions issued to the carabinieri on the eve of the events
and the choice of communications system.
254. The Court observes in that regard that the intervention of the
carabinieri on Via Caffa (see paragraphs 42-44 above) and the attack on the
jeep by demonstrators took place at a time of relative calm when, following
a long day of clashes, the detachment of carabinieri had taken up position
on Piazza Alimonda in order to rest, regroup and allow the injured officers
to board the jeeps. As the footage shows, the clash between demonstrators
and law-enforcement officers occurred suddenly and lasted only a few
minutes before the fatal shooting. It could not have been predicted that an
attack of such violence would take place in that precise location and in those
circumstances. Moreover, the reasons which drove the crowd to act as it did
can only be speculated upon.
255. It should also be noted that the Government had deployed
considerable numbers of personnel to police the event (18,000 officers – see
paragraphs 141 and 237 above) and that all the personnel either belonged to
specialised units or had received ad hoc training in maintaining order during
mass gatherings. M.P., in particular, had taken part in training courses in
Velletri (see paragraphs 108-109 and 237 above; contrast Makaratzis, cited
above, § 70). In view of the very large numbers of officers deployed on the
ground, they could not all be required to have lengthy experience and/or to
have been trained over several months or years. To hold otherwise would be
to impose a disproportionate and unrealistic obligation on the State.
Furthermore, as the Government rightly stressed (see paragraph 233 above),
a distinction has to be made between cases where the law-enforcement
agencies are dealing with a precise and identifiable target (see, for instance,
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