GIULIANI AND GAGGIO v. ITALY JUDGMENT
51
demonstrators and the law-enforcement agencies: in particular, Marassi
Prison had come under attack (see paragraph 134 above), the carabinieri
had charged the Tute Bianche march (see paragraphs 18-19, 122-124
and 132-136 above) and an armoured vehicle belonging to the carabinieri
had been set on fire (see paragraph 20 above). Following these incidents, at
around 5 p.m., when the situation was relatively calm, a battalion of
carabinieri took up positions on Piazza Alimonda, where two Defender
jeeps were located; on board one of the jeeps were two carabinieri, M.P.
and D.R., who were unfit to remain on duty (see paragraphs 21, 23 and 29
above).
184. Shortly afterwards, the carabinieri left their positions to confront a
group of aggressive demonstrators; the jeeps followed the carabinieri.
However, the latter were forced to retreat rapidly as the demonstrators
succeeded in repelling the charge. The jeeps then tried to reverse away, but
the one in which M.P. and D.R. were travelling found its way blocked by an
overturned refuse container and was unable to leave the scene rapidly as its
engine had stalled (see paragraphs 21-22 above).
185. This is one of those rare cases in which the moments leading up to
and following the use of lethal force by a State agent were photographed
and filmed. Accordingly, the Court cannot but attach considerable
importance to the video footage produced by the parties, which it had the
opportunity to view (see paragraphs 9 and 139 above) and the authenticity
of which has not been called into question.
186. This footage and the photographs in the file show that, as soon as it
became hemmed in by the refuse container, the jeep driven by F.C. was
attacked and at least partially surrounded by the demonstrators, who
launched an unrelenting onslaught on the vehicle and its occupants, tilting it
sideways and throwing stones and other hard objects. The jeep's rear
window was smashed and a fire extinguisher was thrown into the vehicle,
which M.P. managed to fend off. The footage and photographs also show
one demonstrator thrusting a wooden beam through the side window,
causing shoulder injuries to D.R., the other carabiniere who had been taken
off duty (see paragraph 84 above).
187. This was quite clearly an unlawful and very violent attack on a
vehicle of the law-enforcement agencies which was simply trying to leave
the scene and posed no threat to the demonstrators. Whatever may have
been the demonstrators' intentions towards the vehicle and/or its occupants,
the fact remains that the possibility of a lynching could not be excluded, as
the Genoa District Court also pointed out (see paragraph 128 above).
188. The Court reiterates in that regard the need to consider the events
from the viewpoint of the victims of the attack at the time of the events (see
paragraph 179 above). It is true, for instance, that other carabinieri were
positioned nearby who could have intervened to assist the jeep's occupants
had the situation degenerated further. However, this fact could not have
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents