GIULIANI AND GAGGIO v. ITALY JUDGMENT
69
A. The issues raised by the applicants
1. Alleged shortcomings in the performance of the autopsy and the
cremation of the body
(a) The parties' submissions
(i) The applicants
264. The applicants observed that on 21 July 2001 the public prosecutor
had ordered an autopsy of Carlo Giuliani's body and had appointed two
experts (Mr Canale and Mr Salvi) who were to begin work at 3 p.m. the
same day. The public prosecutor had asked the police to inform M.P. and
the victim's parents before 1 p.m. It had been impossible for the applicants
at such short notice to appoint a forensic medical expert of their choosing to
attend the autopsy. Moreover, the public prosecutor had authorised the
cremation of the body on 23 July 2001, well before the results of the
autopsy were known (the experts had been given sixty days in which to
complete their report).
265. The applicants had at no point been “parties” to the proceedings,
since under Italian law an application to join the proceedings as a civil party
could only be made once the accused had been committed for trial. As
injured parties, they had had only limited powers to participate in the
investigation. These were even more restricted when the public prosecutor
ordered technical examinations which could not be repeated, on the basis of
Article 360 of the CCP (see paragraph 150 above); in that case, the injured
party could only request the public prosecutor to apply to the judge for the
immediate production of evidence. Only if that application was granted
could the injured party request the investigating judge to put questions to
the prosecuting authorities' experts. In the instant case the autopsy had been
classified as a technical examination which could not be repeated.
266. Lastly, the applicants observed that the full body scan carried out
on Carlo Giuliani's body (see paragraph 60 above) had revealed a metal
fragment lodged in his head, but that this fragment had not been found or
recorded (see Mr Salvi's statement during the “trial of the twenty-five” –
paragraph 130 above).
(ii) The Government
267. The Government argued that extracting the metal fragment would
have been not just pointless but impossible. It would not have yielded any
useful additional information regarding the circumstances in which M.P.
had had recourse to lethal force. Micro-fragments of lead had already been
found on the victim's balaclava, the analysis of which had confirmed the
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