GIULIANI AND GAGGIO v. ITALY JUDGMENT
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However, once the carabinieri had withdrawn and an armoured vehicle had
broken down, the demonstrators had no longer been in danger. Hence, the
attack on the vehicle and its occupants had not constituted a defensive act,
but an act of retaliation. From that point onwards the Tute Bianche had
“reclaimed” their right of assembly and protest, and any further acts of
violence and vandalism on their part, including the damage to the armoured
vehicle, amounted to a criminal offence.
138. The Court of Appeal endorsed the District Court's view that,
despite their violent response, the marchers had not been guilty of the
offence of criminal damage. The damage caused had been minor and had
resulted from the use of objects (cars and refuse containers) as protection
against the carabinieri. Unlike the Black Bloc, the Tute Bianche had not
taken to the streets with the intention of damaging public or private property
symbolising the system they opposed. The damage had been confined to the
fairly small area in which the response had occurred and, by and large, had
ceased with the withdrawal of the carabinieri. Although “disquieting”, the
fact that the demonstrators in the front lines had worn protectors could not
give rise to the assumption that they had intended to engage in acts of
violence.
H. The audiovisual material produced by the parties
139. During the proceedings before the Court the parties submitted a
large volume of audiovisual material. The CD-ROMs produced by the
Government and the applicants on 28 June and 9 July 2010 respectively
were viewed by the judges of the Grand Chamber on 27 September 2010
(see paragraph 9 above). These show several phases in the demonstrations
that took place in Genoa on 20 July 2001 and contain images of the
moments before and after the shot which killed Carlo Giuliani. They also
show the violence perpetrated by the demonstrators (throwing of stones,
charges on the law-enforcement agencies, acts of vandalism in the street and
against police and carabinieri vehicles) and violence imputable to the
authorities. Some of the footage shows police armoured vehicles pursuing
demonstrators at high speed along the pavement and police officers beating
a demonstrator lying on the ground. The applicants' CD-ROM also contains
extracts from Mr Lauro's statement and from an interview with M.P. shown
on television.
I. The administrative documents produced by the Government
140. The Government produced numerous administrative documents
from the police authorities, the Ministry of the Interior and the Chamber of
Deputies. The documents relevant to the present case noted the following: