MAKARATZIS v. GREECE JUDGMENT
29
methods have been exhausted” (see paragraph 25 above). No other
provisions regulating the use of weapons during police actions and laying
down guidelines on the planning and control of police operations were
contained in Greek law. On the face of it, the above – somewhat slender –
legal framework would not appear sufficient to provide the level of
protection “by law” of the right to life that is required in present-day
democratic societies in Europe.
63. This conclusion as to the state of Greek law is confirmed by the
evidence before the Court of the bearing which the legal and administrative
framework at the material time had on the way in which the potentially
lethal police operation culminating in the applicant’s arrest was conducted.
64. Turning to the facts of the present case, and having regard to the
findings of the domestic court (see paragraphs 19 and 48 above), the Court
accepts that the applicant was driving his car in the centre of Athens at
excessive speed in an uncontrolled and dangerous manner, thereby putting
the lives of bystanders and police officers at risk; the police were thus
entitled to react on the basis that he was in charge of a life-endangering
object in a public place. Alternative means to stop him were tried but failed;
this was accompanied by an escalation of the havoc that the applicant was
causing and by the lethal threat that he posed by his criminal conduct to
innocent people. Further, the police officers pursuing the applicant had been
informed by the control centre that he might well be armed and dangerous;
they also believed that the movements which they saw the applicant make
when he stopped his car were consistent with his being armed (see the
accused police officers’ statements, paragraph 17 above, and Mr
Ventouris’s and Mr Davarias’s statements, paragraph 18 above).
65. Another important factor must also be taken into consideration,
namely the prevailing climate at that time in Greece, which was marked by
terrorist activities against foreign interests. For example, a group called the
“Revolutionary Organisation 17 November”, established in 1975, had
committed, until it was dismantled in 2002, numerous crimes, including the
assassination of United States officials (see paragraph 26 above). This,
coupled with the fact that the event took place at night, near the American
embassy, contributed to the applicant being perceived as a greater threat in
the eyes of the police.
66. Consequently, like the national court, the Court finds in the
circumstances that the police could reasonably have considered that there
was a need to resort to the use of their weapons in order to stop the car and
neutralise the threat posed by its driver, and not merely a need to arrest a
motorist who had driven through a red traffic light. Therefore, even though
it was subsequently discovered that the applicant was unarmed and that he
was not a terrorist, the Court accepts that the use of force against him was
based on an honest belief which was perceived, for good reasons, to be valid
at the time. To hold otherwise would be to impose an unrealistic burden on