MAKARATZIS v. GREECE JUDGMENT
33
78. Having regard to the above considerations, the Court concludes that
the authorities failed to carry out an effective investigation into the incident.
The incomplete and inadequate character of the investigation is highlighted
by the fact that, even before the Court, the Government were unable to
identify all the officers who were involved in the shooting and wounding of
the applicant.
79. There has accordingly been a violation of Article 2 of the
Convention in that respect.
5. Alleged practice of the authorities of failing to comply with their
procedural obligations under Article 2 of the Convention
80. Having regard to its findings above (see paragraphs 72 and 79), the
Court does not find it necessary to determine whether the failings identified
in this case are part of a practice adopted by the authorities, as asserted by
the applicant (see paragraph 37 above).
II. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
81. The applicant complained that he had been the victim of serious
bodily harm, in breach of Article 3 of the Convention, which stipulates:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
82. The Government maintained that the applicant’s injuries were
accidental and regrettable consequences of a lawful arrest.
83. In view of the grounds on which it has found a dual violation of
Article 2 of the Convention (see paragraphs 46 to 79 above), the Court
considers that no separate issue arises under Article 3 of the Convention.
III. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
84. The applicant complained that he had not had an effective remedy
within the meaning of Article 13 of the Convention, which stipulates:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
85. The Government did not address this allegation other than to assert
the availability of remedies at the domestic level to redress the applicant’s
grievances.
86. In view of the submissions of the applicant in the present case and of
the grounds on which it has found a violation of Article 2 in relation to its
procedural aspect (see paragraphs 73 to 79 above), the Court considers that
no separate issue arises under Article 13 of the Convention.