GIULIANI AND GAGGIO v. ITALY JUDGMENT 13 (iii) The third set of tests 56. On 12 February 2002 the public prosecutor's office instructed a panel of experts (made up of Mr Balossino, Mr Benedetti, Mr Romanini and Mr Torre) “to reconstruct, even in virtual form, the actions of M.P. and Carlo Giuliani in the moments immediately before and after the bullet struck the victim's body”. In particular, the experts were asked to “establish the distance between M.P. and Carlo Giuliani, their respective angles of vision and M.P.'s field of vision inside the jeep at the moment the shots were fired”. It appears from the file that Mr Romanini had published an article in September 2001 in a specialist journal (TAC Armi), in which he expressed the view, among other things, that M.P.'s actions had constituted “a clear and wholly justified defensive reaction”. 57. The representatives and experts appointed by the applicants attended the examinations by the panel of experts. The applicants' lawyer, Mr Vinci, stated that he did not wish to make an application for the immediate production of evidence (incidente probatorio). Article 392 §§ 1 (f) and 2 of the CCP allows the public prosecutor and the accused, among other things, to request the investigating judge (giudice per le indagini preliminari) to order a forensic examination where the latter concerns a person, object or place which is subject to unavoidable alteration or where, if ordered during the trial, the examination in question could entail suspension of the proceedings for a period exceeding sixty days. Under Article 394 of the CCP the injured party may request the public prosecutor to apply for the immediate production of evidence. If the public prosecutor refuses the request, he or she must issue an order giving reasons and must serve it on the injured party. 58. An on-site inspection was conducted on 20 April 2002. Traces of the impact of a shot were found on the wall of a building on Piazza Alimonda, at a height of about five metres. 59. On 10 June 2002 the experts submitted their report. The experts stated at the outset that the fact that they had not had access to Carlo Giuliani's body (because it had been cremated) had been a major obstacle which had prevented them from producing an exhaustive report, as they had been unable to re-examine parts of the body and search for micro-traces. On the basis of the “little material available” the experts attempted to establish first of all what the impact of the bullet had been on Carlo Giuliani's body, setting out the following considerations. 60. The injuries to the skull had been very serious and had resulted in death “within a short space of time”. The bullet had not exited whole from Carlo Giuliani's head; the report (referto radiologico) of the full body scan performed before the autopsy referred to a “subcutaneous fragment, probably metal” above the bones in the occipital region. This piece of opaque metal looked like a fragment of bullet casing. The appearance of the entry wound on the face did not lend itself to an unequivocal interpretation;

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