GIULIANI AND GAGGIO v. ITALY JUDGMENT
7
tens of metres from the jeep. The police officers had been at the end of Via
Caffa, towards Piazza Tommaseo. The applicants submitted that the
photographs in the investigation file clearly showed some carabinieri not
far from the jeep.
C. The investigation by the domestic authorities
1. The first steps in the investigation
31. A spent cartridge was found a few metres from Carlo Giuliani's
body. No bullet was found. A fire extinguisher and a bloodstained stone,
among other objects, were found beside the body and were seized by the
police. It emerges from the file that the public prosecutor's office entrusted
thirty-six investigative measures to the police. The jeep in which M.P. had
been travelling, and also the weapon and equipment belonging to him,
remained in the hands of the carabinieri and were subsequently seized
under a court order. A spent cartridge was found inside the jeep.
32. During the night of 20 July 2001 the Genoa mobile police unit heard
evidence from two police officers, Mr Martino and Mr Fiorillo. On 21 July
Captain Cappello, who was in charge of the ECHO company, recounted the
events of the previous day and gave the names of the carabinieri who had
been in the jeep. He said that he had heard no shots, probably because of his
radio earpiece, his helmet and his gas mask, which reduced his hearing.
2. Placing under investigation of M.P. and F.C.
33. On the night of 20 July 2001 M.P. and F.C. were identified and
examined by the Genoa public prosecutor's office on suspicion of
intentional homicide. The interviews took place at the headquarters of the
Genoa carabinieri.
(a) M.P.'s first statement
34. M.P. was an auxiliary carabiniere assigned to Battalion no. 12
(Sicilia), and one of the members of the ECHO company constituted for the
purpose of the G8 summit. Together with four other companies from
different regions of Italy, the company formed part of the CCIR, under the
orders of Lieutenant-Colonel Truglio. The ECHO company was under the
orders of Captain Cappello and his deputies Mirante and Zappia, and was
directed and coordinated by Mr Lauro, a senior officer (vice questore) of the
Rome police. Each of the five companies was divided into four detachments
of fifty men. The overall commander of the companies was Colonel Leso.
35. M.P., who was born on 13 August 1980 and began serving as a
carabiniere on 16 September 2000, was twenty years and eleven months old
at the material time. He was trained in the use of grenades and had been