GIULIANI AND GAGGIO v. ITALY JUDGMENT
73
become cut off because of the “trap” set by the demonstrators. The pistol
had been M.P.'s means of defending himself.
278. As M.P. had acted in self-defence, it was difficult to see what
offence could be imputed to those responsible for the public-order
operations. Article 7 of the Convention required, for the purpose of
imposing a penalty, an intellectual link (knowledge and intent) disclosing an
element of responsibility in the conduct of the person who had physically
carried out the offence (the Government referred to Sud Fondi S.r.l. and
Others v. Italy, no. 75909/01, § 116, 20 January 2009). In the instant case
no physical offence or knowledge of and intention to commit such an
offence could be imputed to those responsible for policing the G8 summit.
279. Furthermore, criminal responsibility was strictly personal and
presupposed a causal relationship whereby the offence concerned was the
direct and immediate consequence of the act complained of. Any errors or
problems there might have been in the organisation, management and
conduct of the public-order operations could in no way be considered to
have been the direct cause of the tragic events on Piazza Alimonda. It would
therefore have been superfluous to extend the investigation to include
high-ranking police officers or to try to identify other persons potentially
responsible. If the Chamber judgment were upheld on this point the State
would be obliged to institute pointless and damaging investigations which
would yield no results and would interfere in an arbitrary manner in the
lives of innocent individuals.
280. No administrative or disciplinary investigation had been opened
concerning the carabinieri. However, two sets of criminal proceedings were
pending against several police officers for acts of violence allegedly
committed against demonstrators on 21 and 22 July 2001, after Carlo
Giuliani's death. The “overall context” of the G8 had also been examined in
the course of the parliamentary inquiry (see paragraphs 107-117 above), the
“trial of the twenty-five” (see paragraphs 121-138 above) and the
investigations conducted by the Ministry of the Interior (see paragraph 140
above).
(b) The Chamber judgment
281. The Chamber deplored the fact that the domestic investigation had
been confined to ascertaining whether M.P. and F.C. were to be held liable
and had not studied the “overall context” in order to determine whether the
authorities had planned and managed the public-order operations in such a
way as to prevent the type of incident which had caused Carlo Giuliani's
death. In particular, no light had been shed on the reasons why M.P. had not
been taken to hospital immediately, had been left in possession of a loaded
pistol and had been placed in an isolated jeep that had no protection. These
questions had required an answer, given that “the fatal shot [was] closely
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