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08 March 2018

The European Court of Human Rights (ECHR) has declared admissible the appeal lodged by the police officers definitively convicted for the Diaz events relating to the 2001 G8. The policemen, who had been acquitted at first instance, were then convicted on appeal and in the Supreme Court for forgery and slander. In the appeal they complain about alleged violations of the right of defense. The ECHR will now have to evaluate the appeal on the merits and, in case of acceptance, the way would be opened for the review of the process.



The officials who appealed - Gilberto Caldarozzi, now deputy director of Dia, 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 before "overturning" the Court's acquittal, the Court of Appeal of Genoa would have had to hear from witnesses already questioned at first instance. By not doing so, he would have violated art. 6 of the European Convention on Human Rights (right to a fair trial) which establishes the right of the accused to question the witnesses against him.The question had been addressed and excluded by the Supreme Court which had rejected the appeal of the defendants, 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 passes to the ECHR which will have to evaluate the matter on the merits.

"In the event of acceptance of the appeals with a definitive sentence by the ECHR - explains Nando Dominici's lawyer, Maurizio Mascia - the possibility of an appeal for review by the convicted defendants would open up to restart the process from the same phase in which the violation has occurred ".

In this case, the Diaz trial, 17 years after those events, could restart from the appeal process.

17 years ago the raid on Diaz