The Supreme Court confirmed the conviction for injury to a deputy inspector of the penitentiary police for having heavily beaten an unarmed inmate after the perpetrator in a room for searches of the ‘Marassi’ prison in Genoa, in competition with an assistant chief towards which we proceeded separately. Without success, the defense of the accused – Salvatore G., 42-year-old Genoese – tried to argue that it was not a violent assault against Dziri S. – this is the victim’s name – but “the exercise of a duty of search “by the agent” who is unintentionally trespassing into injury due to the opposition behavior “assumed by the detainee. The inspector of the prison police, accused in this trial, is accused of having led the prisoner to the search room “after having stripped naked, first slapping him in the face, then that the victim was curled up on the ground with his arms over his head to to protect himself from blows “he had” kicked him on the back, on the head and on the left arm “. The beating had caused the detainee injuries, edema, bruises, erythema, with about twenty days of prognosis.
According to the ‘ermellini’ – verdict 25245 of the Fifth Criminal, president Gerardo Sabeone, rapporteur Elisabetta Morosini – “the thesis of the fulfillment of duty fails to extend to the conduct charged to the accused, because section, even to admit that the search were legitimate, it is the subsequent violent physical aggression against a defenseless subject (also referred to by two external eyewitnesses which the accused seems to forget) that does not find any justification “. Thus the defense’s appeal was declared “inadmissible”. It is not known the extent of the sentence which became definitive, and established by the Court of Appeal of Genoa on 10 May 2021 in accordance with the first degree, but the ‘ermellini’ also added the sentence to the payment of three thousand euros to the Fund of fines.
The supreme authorities also underline that the inspector’s declaration of responsibility “is based on coherent and convergent sources of evidence”: the story from the Dziri judicial police in the context of an evidentiary incident, in accordance with the statements made to the judicial police and the prosecutor; the statements “of two other witnesses of the fact, two through the ajar door witnessed the beating of the victim collapsing to the ground”. In addition, to prove the allegations, there are also “footage from video surveillance cameras that document movements and times in accordance with his story; the results of the outpatient visit” which he found in the immediate injury suffered “by Dziri S. Finally,” the results of the technical advice arranged by the prosecutor, from which it emerged the perfect compatibility between the modalities of the attack, reported by the injured person, and the injuries found “.