Death of Carlo Giuliani - Trial

Trial

In the case against Carabiniere Mario Placanica, evidence was given by a ballistics expert that the fatal bullet had "ricocheted off plaster". All charges against Mario Placanica were dropped when Judge Daloiso, who presided over the case, concluded that the fatal bullet that struck Giuliani was not directly aimed at Giuliani, and ruled that Placanica had acted in self-defense. The case was not taken to trial.

However, during a later trial in Genoa of some demonstrators allegedly involved in clashes the same day Giuliani was killed, the same forensic doctor, professor Marco Salvi, who had been a consultant to Silvio Franz, the prosecutor who led the case against Mario Placanica, testified that Giuliani had been the victim of a "direct hit", thus contradicting the evidence previously given and laying doubt on the decision made based on the alleged change of direction of the bullet. The conclusion of Judge Daloiso, which had already been subjected to strong criticism, was challenged by the press, as was the decision not to charge the driver of the Land Rover for running over Giuliani on the basis that he was already dead. Medics tending to Giuliani after he was run over testified that his heart was still beating, and this was confirmed by professor Salvi during the trial in Genoa.

To confuse the situation further, in late 2003 Placanica told the Bologna daily Il Resto Del Carlino that "I've been used to cover up the responsibility of others." He claimed that the bullet found in Giuliani's body was not of the caliber or type fired by the pistols of the Carabinieri, and claimed the deadly shot had come from somewhere in the piazza outside. After making this statement, Placanica was involved in a "suspicious" car accident, days after allegedly observing someone tampering with his car. Placanica was allegedly kept in seclusion following the incident, and his parents were not allowed to visit him in the hospital.

On August 25, 2009 the European Court of Human Rights notified in writing its judgement in the case of Giuliani and Gaggio v. Italy. It judged no excessive use of force was used and it was not established that Italian authorities had failed to comply with their positive obligations to protect Carlo Giuliani’s life. The Court did judge Italy has not complied with its procedural obligations in connection with the death of Carlo Giuliani and has awarded a total of 40.000 euro in non-pecuniary damage to the three applicants. In 2010, the case was referred to the Court's Grand Chamber on appeals from both sides; the Grand Chamber has held in 2011, that there had been no violation of the European Convention, although seven judges from seventeen dissented.