76
GIULIANI AND GAGGIO v. ITALY JUDGMENT
such an application and it had been refused, the applicants had seen no point
in making the request.
290. The public prosecutor had also decided to entrust a significant part
of the investigation to the carabinieri, and in particular to the Genoa
provincial command and the mobile brigade of the Genoa questura. In
particular, the carabinieri had:
– seized M.P.'s weapon and certified that it had a magazine containing
fewer than fifteen rounds of ammunition;
– carried out the initial inspection of Carlo Giuliani's body and of the
jeeps;
– seized one of the jeeps and the material inside it, including a spent
cartridge;
– compiled photographic evidence of the equipment which M.P. had at
the time of the events;
– acquired, checked and examined the audiovisual material relating to
the events of 20 July 2001;
– drawn up the records of some of the statements made to the public
prosecutor.
291. The applicants further stressed that immediately after Carlo
Giuliani's death, M.P., D.R. and F.C. had left the scene (with the jeep and
weapons) and had been absent until the public prosecutor had begun hearing
evidence several hours later. They had had an interview with their superior
officers and had been able to communicate among themselves before being
questioned by the public prosecutor. Moreover, D.R. had not given evidence
until the day after the events and some of the law-enforcement officers
present at the scene had been questioned only after a considerable delay
(Captain Cappello had made a statement on 11 September 2001 and his
deputy Zappia on 21 December 2001).
292. In the applicants' view, several carabinieri and police officers, and
the questore himself, should have been placed under investigation in the
judicial proceedings concerning Carlo Giuliani's death. The Genoa questura
had played a “major” role in the planning, organisation and management of
the public-order operations during the G8 summit. The Genoa questore was
the most senior official responsible for public order, the police control
centre had been run by the questura and officers from the latter had issued
and carried out orders to intervene against the Tute Bianche march. To
guarantee the independence and impartiality of the investigation the public
prosecutor should have entrusted it to the revenue police (Guardia di
finanza), a branch of the police which was not implicated in the events.
(ii) The Government
293. The Government submitted that the investigation had been
conducted with the requisite promptness. The judicial authority had spared
no effort in seeking to establish the facts and had deployed the most
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