GIULIANI AND GAGGIO v. ITALY JUDGMENT
45
impossible to formulate a scientific hypothesis as to the type of collision in
which the bullet had been involved during its trajectory and to maintain that
it had been deflected. Furthermore, the other experts appointed by the
applicants had taken the view that the stone had shattered on impact with
the jeep rather than because of the bullet fired by M.P. (see paragraph 65
above).
160. According to the applicants, the lives of the jeep's occupants had
not been in danger, as the vehicle in question had been a Defender jeep, a
model which, even without armour, was sufficiently robust. Furthermore,
the number of demonstrators visible on the images was no more than a
dozen or so. The demonstrators had not had lethal weapons and had not
surrounded the jeep; the audiovisual material showed that there had been no
demonstrators to the left or in front of the vehicle. As proved by the
photographs, there had been a riot shield on board the jeep. M.P. had been
wearing a bullet-proof vest and had two helmets at his disposal. Finally,
there had been other law-enforcement officers in the vicinity and there was
no proof that the injuries of which M.P. and D.R. complained had been
sustained during the events.
161. According to the autopsy report (see paragraph 50 above) and as
could be deduced from M.P.'s own statements, the latter had fired
downwards. When questioned on 20 July 2001 by representatives of the
Genoa public prosecutor's office, M.P. had stated that there had been
nobody in his field of vision when he pointed his gun; he had been aware of
stones being thrown and of the presence of assailants whom he could not
see (see paragraph 36 above). In those circumstances it was difficult to
imagine how M.P. could have been acting in self-defence in response to the
actions of Carlo Giuliani, whom he was unable to see. As neither Carlo
Giuliani nor the other demonstrators had been armed, M.P.'s response could
not be said to have been proportionate.
162. Moreover, M.P.'s statements had been contradictory. On the first
two occasions when he had been questioned (on 20 July and 11 September
2001 – see paragraphs 36 and 39 above), he stated that he had not seen
Carlo Giuliani and did not say that he had fired upwards (this, in the
applicants' view, amounted to a tacit admission that he had fired at chest
height). However, at the hearing of 1 June 2007 in the “trial of the
twenty-five”, he stated that he had fired with his arm in the air; this was at
odds with a photograph produced by the defence which showed him
pointing the weapon at chest height, at a downward angle from the
horizontal. Lastly, during a television interview broadcast on 15 November
2007, M.P. stated that he had “tried to fire as high in the air as possible”,
that he had not aimed at Carlo Giuliani and that he had never been a good
shot. He added that he had been sent to the G8 in Genoa as a replacement
for a colleague who did not wish to go.