12
GIULIANI AND GAGGIO v. ITALY JUDGMENT
(b) The expert medical examinations carried out on M.P. and D.R.
51. After leaving Piazza Alimonda the three carabinieri who had been in
the jeep went to the casualty department of Genoa Hospital. M.P.
complained of diffuse bruising to his right leg and an injury to the skull with
open wounds; against the advice of the doctors, who wished to admit him,
M.P. signed a discharge and left the hospital at around 9.30 p.m. He had an
injury to the skull which, he said, had been caused by a blow to the head
with a blunt instrument while he had been in the jeep.
52. D.R. presented with bruising and abrasions to the nose and the right
cheekbone and bruises on the left shoulder and left foot. F.C. was suffering
from a post-traumatic psychological disorder and was expected to recover
within fifteen days.
53. Medical examinations were carried out to establish the nature of the
injuries and their connection with the attack on the jeep's occupants. The
reports concluded that the injuries sustained by M.P. and D.R. had not been
life-threatening. M.P.'s head injuries could have been caused by a stone
thrown at him, but it was not possible to determine the origin of his other
injuries. The injury to D.R.'s face could have been caused by a stone thrown
at him and his shoulder injury by a blow from a wooden plank.
(c) The ballistics tests ordered by the public prosecutor's office
(i) The first set of tests
54. On 4 September 2001 the public prosecutor's office instructed
Mr Cantarella to establish whether the two spent cartridges found at the
scene (one in the jeep and the other a few metres from Carlo Giuliani's body
– see paragraph 31 above) had come from the same weapon, and
specifically from M.P.'s weapon. In his report of 5 December 2001 the
expert concluded that there was a 90% probability that the cartridge found
in the jeep had come from M.P.'s pistol, whereas there was only a 10%
probability that the cartridge found close to Carlo Giuliani's body had issued
from the same weapon. In accordance with Article 392 of the Code of
Criminal Procedure (“the CCP”), these tests were carried out unilaterally,
that is to say, without the injured party having an opportunity to participate.
(ii) The second set of tests
55. The public prosecutor's office appointed a second expert, police
inspector Manetto. The latter, in a report submitted on 15 January 2002,
stated that there was a 60% probability that the spent cartridge found near
the victim's body had come from M.P.'s weapon. He concluded that both the
cartridges had come from M.P.'s pistol, and estimated the distance between
M.P. and Carlo Giuliani at the moment of impact at between 110 and 140
centimetres. The tests were conducted unilaterally.