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08 March 2018

The European Court of Human Rights (ECHR) has declared admissible the appeal presented by the police officers definitively condemned for the events of Diaz relating to the G8 in 2001. The policemen, who had been acquitted at first instance, were then convicted on appeal and in Cassation for forgery and slander. In the appeal they alleged alleged violations of the right of defense. The ECHR will now have to assess the appeal on its merits and, in the event of acceptance, it would open the way for the review of the process.

The officials who have appealed - Gilberto Caldarozzi, today Dia's deputy director, Fabio Ciccimarra, Carlo Di Sarro, Filippo Ferri, Salvatore Gava, Francesco Gratteri and Giovanni Luperi, both retired, Massimo Mazzoni, Spartaco Mortola, and Nando Dominici - argue that the court of appeal of Genoa before "overturning" the sentence of acquittal of the Court, would have had to resent the witnesses already questioned in first instance. Not doing so, he would have violated the art. 6 of the European Convention on Human Rights (right to a fair trial) which establishes the right of defendants to question witnesses against them. The question had been addressed and excluded by the Cassation, which had rejected the defendants' appeal, explaining that the appellate judges had not made a different assessment of the testimonies, but simply drawn from some of them different consequences with respect to the responsibility of the defendants.

The word now goes to the ECHR, which will have to assess the issue on the merits. "In the event of acceptance by the final ruling of appeals by the ECHR - explains the lawyer of Nando Dominici, Maurizio Mascia - it would open the possibility of an appeal for review by the defendants convicted to restart the process from the same stage in which the violation occurred ". In this case, the Diaz trial, 17 years from those facts, could restart from the appeal process.

17 years ago the Diaz raid