28
MAKARATZIS v. GREECE JUDGMENT
deter the commission of offences against the person, backed up by lawenforcement machinery for the prevention, suppression and punishment of
breaches of such provisions.
58. As the text of Article 2 itself shows, the use of lethal force by police
officers may be justified in certain circumstances. Nonetheless, Article 2
does not grant a carte blanche. Unregulated and arbitrary action by State
agents is incompatible with effective respect for human rights. This means
that, as well as being authorised under national law, policing operations
must be sufficiently regulated by it, within the framework of a system of
adequate and effective safeguards against arbitrariness and abuse of force
(see, mutatis mutandis, Hilda Hafsteinsdóttir v. Iceland, no. 40905/98, § 56,
8 June 2004; see also Human Rights Committee, General Comment no. 6,
Article 6, 16th Session (1982), § 3), and even against avoidable accident.
59. In view of the foregoing, in keeping with the importance of Article 2
in a democratic society, the Court must subject allegations of a breach of
this provision to the most careful scrutiny, taking into consideration not
only the actions of the agents of the State who actually administered the
force but also all the surrounding circumstances, including such matters as
the planning and control of the actions under examination (see McCann and
Others, cited above, p. 46, § 150). In the latter connection, police officers
should not be left in a vacuum when performing their duties, whether in the
context of a prepared operation or a spontaneous chase of a person
perceived to be dangerous: a legal and administrative framework should
define the limited circumstances in which law-enforcement officials may
use force and firearms, in the light of the international standards which have
been developed in this respect (see, for example, the “United Nations Force
and Firearms Principles” – paragraphs 30-32 above).
60. Against this background, the Court must examine in the present case
not only whether the use of potentially lethal force against the applicant was
legitimate but also whether the operation was regulated and organised in
such a way as to minimise to the greatest extent possible any risk to his life.
61. In view of the recent enactment of Law no. 3169/2003, the Court
notes that, since the facts giving rise to the present application, the Greek
State has put in place a reviewed legal framework regulating the use of
firearms by police officers and providing for police training, with the stated
objective of complying with the international standards for human rights
and policing (see paragraphs 25 and 27 above).
62. At the time of the events in issue, however, the applicable legislation
was Law no. 29/1943, dating from the Second World War when Greece was
occupied by the German armed forces (see paragraph 25 above). That
statute listed a wide range of situations in which a police officer could use
firearms without being liable for the consequences. In 1991 a presidential
decree authorised the use of firearms in the circumstances set forth in the
1943 statute “only when absolutely necessary and when all less extreme