22 MAKARATZIS v. GREECE JUDGMENT (a) in defence of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for the purpose of quelling a riot or insurrection.” A. Arguments of those appearing before the Court 1. The applicant 34. The applicant submitted that Article 2 § 1 of the Convention imposed a positive duty on States to protect human life. In particular, national law must strictly control and limit the circumstances in which a person may be deprived of his life by agents of the State. The State must also give appropriate training and instructions to its agents who may carry weapons and use force. However, at the time of the event, the necessary regulatory framework was lacking. The law regulating the use of weapons by Greek police officers was enacted in 1943. It was commonly agreed that it was anachronistic and incomplete and did not afford general protection to society against unlawful and excessive use of force by the police. Therefore, the Greek State had not taken all the preventive measures that Article 2 demanded for the protection of human life. 35. Turning to the facts of the instant case, the applicant submitted that his serious injuries were the result of unnecessary and disproportionate use of force by the police. He emphasised that he had been unarmed and that he was neither a criminal nor a terrorist. He had simply been scared and had tried to escape. The police had opened fire on him without warning; all they had done was to use two private cars in an attempt to stop him. As a result, innocent civilians had been injured. The police had used neither their own cars to create roadblocks, nor tyre-traps in order to burst his car’s tyres, nor smoke bombs or tear gas in order to intimidate him. They had fired at him in an uncontrolled and excessive way, putting his life at serious risk. 36. Further, the applicant claimed that the authorities had failed to fulfil their procedural obligation under Article 2 to carry out an effective investigation into the potentially lethal use of force. He identified a series of shortcomings in the investigation, including, inter alia, the failure of the authorities to identify all the police officers who had participated in the chase, and in particular those who were responsible for his injuries, and their failure to collect all the weapons used during the chase and all the bullets fired at him. 37. Relying on a joint report published in September 2002 by Amnesty International and by the International Helsinki Federation for Human Rights (“Greece in the shadow of impunity – Ill-treatment and the misuse of

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