26
MAKARATZIS v. GREECE JUDGMENT
examined complaints under this provision where the alleged victim had not
died as a result of the impugned conduct.
50. In this connection, it may be observed, on the one hand, that the
Court has already recognised that there may be a positive obligation on the
State under the first sentence of Article 2 § 1 to protect the life of the
individual from third parties or from the risk of life-endangering illness (see
Osman v. the United Kingdom, judgment of 28 October 1998, Reports of
Judgments and Decisions 1998-VIII, pp. 3159-63, §§ 115-22; Yaşa v.
Turkey, judgment of 2 September 1998, Reports 1998-VI, pp. 2436-41,
§§ 92-108; and L.C.B. v. the United Kingdom, judgment of 9 June 1998,
Reports 1998-III, pp. 1403-04, §§ 36-41).
51. On the other hand, the case-law establishes that it is only in
exceptional circumstances that physical ill-treatment by State agents which
does not result in death may disclose a violation of Article 2 of the
Convention. It is correct that in the proceedings brought under the
Convention the criminal responsibility of those concerned in the use of the
impugned force is not in issue. Nonetheless, the degree and type of force
used and the intention or aim behind the use of force may, among other
factors, be relevant in assessing whether in a particular case the State
agents’ actions in inflicting injury short of death are such as to bring the
facts within the scope of the safeguard afforded by Article 2 of the
Convention, having regard to the object and purpose pursued by that
Article. In almost all cases where a person is assaulted or ill-treated by the
police or soldiers, their complaints will rather fall to be examined under
Article 3 of the Convention (see İlhan, cited above, § 76).
52. What the Court must therefore determine in the present case, where
State agents were implicated in the applicant’s wounding, is whether the
force used against him was potentially lethal and what kind of impact the
conduct of the officials concerned had not only on his physical integrity but
also on the interest the right to life is intended to protect.
53. It is common ground that the applicant was chased by a large
number of police officers who made repeated use of revolvers, pistols and
submachine guns.
It is clear from the evidence adduced before the Court that the police
used their weapons in order to stop the applicant’s car and effect his arrest,
this being one of the instances contemplated by the second paragraph of
Article 2 when the resort to lethal, or potentially lethal, force may be
legitimate. As far as the ill-treatment proscribed by Article 3 is concerned,
at no time could there be inferred from the police officers’ conduct an
intention to inflict pain, suffering, humiliation or debasement on him (see,
as a recent authority, Ilaşcu and Others v. Moldova and Russia [GC],
no. 48787/99, §§ 425-28, ECHR 2004-VII). In particular, on the material
before it the Court cannot find that the applicant’s allegation as to the