MAKARATZIS v. GREECE JUDGMENT
25
stressed that the domestic authorities were under an obligation to conduct an
official, effective, speedy and independent investigation when individuals
were killed as a result of the use of force. That approach should also be
adopted in cases where no death occurred. That was a necessary
requirement in view of the need to end any system allowing the impunity of
those responsible for actual or virtual violations of rights as fundamental as
the right to life.
B. The Court’s assessment
1. Establishment of the facts
46. The Court is called on to determine whether the facts of the instant
case disclose a failure by the respondent State to protect the applicant’s right
to life and to comply with the procedural obligation imposed by Article 2 of
the Convention to carry out an adequate and effective investigation into the
incident.
47. The Court notes at the outset that it is confronted with divergent
accounts of the events, in particular as regards the conduct of the police
during the applicant’s chase and arrest. Further, it notes that the author or
the authors of the gunshots which injured the applicant were not identified.
Nonetheless, the Court does not consider it necessary to verify the facts
itself in order to draw a complete picture of the factual circumstances
surrounding the incident. It observes that there was a judicial determination
of the facts of the instant case at domestic level (see paragraph 19 above)
and that no material has been adduced in the course of the Strasbourg
proceedings which could call into question the findings of fact of the Athens
First-Instance Criminal Court and lead the Court to depart from them (see
Klaas v. Germany, judgment of 22 September 1993, Series A no. 269,
pp. 17-18, § 30).
48. Therefore, even if certain facts remain unclear, the Court considers,
in the light of all the material produced before it, that there is a sufficient
factual and evidentiary basis on which to assess the case, taking as a
starting-point, as mentioned above, the findings of the national court.
2. Applicability of Article 2 of the Convention
49. In the present case, the force used against the applicant was not in
the event lethal. This, however, does not exclude in principle an
examination of the applicant’s complaints under Article 2, the text of which,
read as a whole, demonstrates that it covers not only intentional killing but
also situations where it is permitted to use force which may result, as an
unintended outcome, in the deprivation of life (see İlhan v. Turkey [GC],
no. 22277/93, § 75, ECHR 2000-VII). In fact, the Court has already