52
GIULIANI AND GAGGIO v. ITALY JUDGMENT
been known to M.P., who, injured and panic-stricken, was lying in the rear
of the vehicle surrounded by a large number of demonstrators and who
therefore could not have had a clear view of the positioning of the troops on
the ground or the logistical options available to them. As the footage shows,
the jeep was entirely at the mercy of the demonstrators shortly before the
fatal shooting.
189. In the light of the foregoing, and bearing in mind the extremely
violent nature of the attack on the jeep, as seen on the images which it
viewed, the Court considers that M.P. acted in the honest belief that his own
life and physical integrity, and those of his colleagues, were in danger
because of the unlawful attack to which they were being subjected. M.P.
was accordingly entitled to use appropriate means to defend himself and the
other occupants of the jeep.
190. The photographs show, and the statements made by M.P. and some
of the demonstrators confirm (see paragraphs 36, 39 and 45 above), that
before firing, M.P. had shown his pistol by stretching out his hand in the
direction of the jeep's rear window, and had shouted at the demonstrators to
leave unless they wanted to be killed. In the Court's view, M.P.'s actions and
words amounted to a clear warning that he was about to open fire.
Moreover, the photographs show at least one demonstrator hurrying away
from the scene at that precise moment.
191. In this extremely tense situation Carlo Giuliani decided to pick up a
fire extinguisher which was lying on the ground, and raised it to chest
height with the apparent intention of throwing it at the occupants of the
vehicle. His actions could reasonably be interpreted by M.P. as an
indication that, despite the latter's shouted warnings and the fact that he had
shown his gun, the attack on the jeep was not about to cease or diminish in
intensity. Moreover, the vast majority of the demonstrators appeared to be
continuing the assault. M.P.'s honest belief that his life was in danger could
only have been strengthened as a result. In the Court's view, this served as
justification for recourse to a potentially lethal means of defence such as the
firing of shots.
192. The Court further notes that the direction of the shots was not
established with certainty. According to one theory supported by the
prosecuting authorities' experts (see paragraphs 60-62 above), which was
contested by the applicants (see paragraphs 80 and 159 above) but accepted
by the Genoa investigating judge (see paragraphs 87-91 above), M.P. had
fired upwards and one of the bullets had hit the victim after being
accidentally deflected by one of the numerous stones thrown by the
demonstrators. Were it to be proven that the events occurred in this manner,
it would have to be concluded that Carlo Giuliani's death was the result of a
stroke of misfortune, a rare and unforeseeable occurrence having caused
him to be struck by a bullet which would have otherwise have disappeared
into the air (see, in particular, Bakan v. Turkey, no. 50939/99, §§ 52-56,
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