4
MAKARATZIS v. GREECE JUDGMENT
conducted in order to examine thirty-three police firearms, three bullets and
four metal fragments. The applicant’s car was also examined.
The laboratory’s findings
14. On 12 January 1996 the police laboratory issued a report which
contained the following findings:
(a) As regards the applicant’s car
“... The car that has been examined is severely damaged due to collisions/crashes,
but also to bullets ... At the front, there is damage to the car’s windscreen, where there
are three holes and a mark ... Bullets, directed from the inside of the car outwards,
caused the three holes as well as the mark. From the general damage to the car (the
rear window is broken and has collapsed), the location of the examined damage and
the course (direction) of the bullets that caused it, it may be assumed that the bullets in
question broke through the rear window and ended up hitting the windscreen,
producing the holes and the mark.
... The rear window is broken and has collapsed. Because of its total destruction, it is
not possible to determine exactly why it broke. From the rest of the findings (the
damage to the windscreen, etc.) it may be assumed that bullets were responsible ...
The trajectory of the bullets that caused the holes is from the rear of the car towards
the front ... The shape and size of the holes suggest that the bullets were fired by a
9 mm calibre firearm.
... On the driver’s side of the car, there is a mark on the rear wing, near the wheel;
its dimensions are approximately 55 x 25 mm. From the shape of the mark it may be
assumed that the bullet that caused it came from the rear of the car towards the front,
with an upward trajectory. On the right-hand side of the car, the window of the front
passenger’s door is broken.
There is a bump on the roof of the car, and a corresponding hole in the upholstery
inside. This has been caused by a bullet that travelled upwards from the rear of the car
towards the front. It may be assumed that the bullet entered the car through the rear
window ...”
(b) As regards the firearms
“In total, twenty-three revolvers, six pistols, four submachine guns and three bullets
were sent to us ... Twenty-three of the weapons are revolvers of .357 Magnum calibre;
six are pistols, five of which are of 9 mm Parabellum calibre and one of .45 ACP
calibre; and four are HK MP 5 submachine guns of 9 mm Parabellum calibre. The
serial numbers of the weapons, their make and the names of the police officers to
whom they belong are indicated in the above-mentioned document as well as in the
delivery and confiscation reports of 14 and 16 September 1995 of the Paleo Faliro
police station, copies of which are attached to this report. We performed the same
number of trial shots with the twenty-three weapons, using three cartridges in each
case. All the weapons functioned properly. The spent cartridges and bullets for each
weapon were put into plastic envelopes for identification purposes, and each envelope
was marked with the distinctive characteristics of the weapon.