MAKARATZIS v. GREECE JUDGMENT
19
II. RELEVANT DOMESTIC LAW AND PRACTICE
23. The relevant provisions of the Criminal Code read as follows:
Article 308 § 1 (a)
“Intentional infliction of bodily harm on another person ... shall be punishable by up
to three years’ imprisonment ...”
Article 309
“Where the act punishable under Article 308 has been committed in a way which
could have endangered the victim’s life or caused him grievous bodily harm,
imprisonment of at least three months shall be imposed.”
24. Section 14 of Law no. 2168/1993 provides:
“Anyone who uses a gun ... while committing a serious crime or lesser offence of
which he is subsequently convicted shall be punished by a term of imprisonment of at
least three months to be added to the sentence imposed for that offence.”
25. At the material time, the use of firearms by law-enforcement
officials was regulated by Law no. 29/1943, which was enacted on 30 April
1943 when Greece was under German occupation. Section 1 of that statute
listed a wide range of situations in which a police officer could use firearms
(for example in order “to enforce the laws, decrees and decisions of the
relevant authorities or to disperse public gatherings or suppress mutinies”),
without being liable for the consequences. These provisions were modified
by Article 133 of Presidential Decree no. 141/1991, which authorises the
use of firearms in the situations set forth in Law no. 29/1943 “only when
absolutely necessary and when all less extreme methods have been
exhausted”. Law no. 29/1943 was criticised as “defective” and “vague” by
the Public Prosecutor of the Supreme Court (see Opinion no. 12/1992).
Senior Greek police officers and trade unions have called for this legislation
to be updated. In a letter to the Minister of Public Order dated April 2001,
the National Commission for Human Rights (NCHR), an advisory body to
the government, expressed the view that new legislation which would
incorporate relevant international human rights law and guidelines was
imperative (NCHR, 2001 Report, pp. 107-15). In February 2002 the
Minister of Public Order announced that a new law would shortly be
enacted, which would “safeguard citizens against the reckless use of police
weapons, but also safeguard police officers who will be better informed as
to when they can use them”.
26. In the summer of 2002, a group called the “Revolutionary
Organisation 17 November” was dismantled. That group, established in