MAKARATZIS v. GREECE JUDGMENT 23 firearms”), the applicant submitted lastly that the inadequate investigation into the incident was also evidence of official tolerance on the part of the State of the use of unlawful lethal force. 2. The Government 38. The Government contended that Article 2 did not come into play in the present case since the victim was still alive. Admittedly, the police officers who were involved in the chase had made use of their weapons; however, they had not intended to kill him, but only to force him to stop his car and arrest him. Referring to earlier judgments of the Court, the Government argued that the applicant’s complaints fell to be examined under Article 3 of the Convention instead. 39. In any event, the Government emphasised that police facing dangerous situations should enjoy considerable discretion in making honest judgments on the use of force. In the instant case, the applicant had driven through a red traffic light in the centre of Athens, near the American embassy, where security measures were always strengthened since the embassy was considered a possible target of terrorist actions. Instead of stopping his car at the police’s signal, the applicant had accelerated and continued driving in a frenzied, extremely dangerous way, putting his life and the lives of innocent people at risk. Thus, in the circumstances, the police had reason to suspect that the applicant was a dangerous criminal or even a terrorist. Even so, before opening fire, the police officers had tried to arrest him by using alternative methods, such as artificial traffic congestion, roadblocks, etc. It was only when they realised that these means were ineffective that they unavoidably resorted to the use of force. While doing so, they tried to minimise damage and injury and preserve the applicant’s life. That was clearly demonstrated by the fact that the police officers had aimed only at the tyres of the applicant’s car or fired warning shots in the air. There had been no element of negligence or oversight in the way in which the operation was conducted. After his arrest, the applicant suffered no harm at the hands of the police but was immediately driven to hospital. 40. The Government further contended that there had been no inadequacies in the domestic investigation, which had been prompt and thorough. They stressed that the day after the incident an administrative investigation had commenced. In total, thirty-five sworn witness statements had been taken. Moreover, complete laboratory tests had been conducted in order to examine thirty-three police firearms, three bullets and four metal fragments. The applicant’s car had also been examined. In addition, a criminal investigation had been carried out and seven police officers had been charged with serious bodily harm and unauthorised use of weapons. Several witnesses and the applicant himself had been heard in court. 41. The Government concluded that the authorities had shown their adherence to the rule of law and had taken the reasonable steps available to

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