MAKARATZIS v. GREECE JUDGMENT
15
from the weapons of two of the accused. However, it had not been shown
beyond a reasonable doubt that these officers had injured the applicant,
given that many other shots had been fired from unidentified weapons.
As regards the second charge (unauthorised use of weapons), the court
held that the police officers had used their weapons for no other purpose
than trying to stop a car whose driver they reasonably considered to be a
dangerous criminal.
The relevant passages of the court’s judgment read as follows:
“On 13 September 1995 the victim, Christos Makaratzis, was driving a private
vehicle with the number plate YIM 8837 in Athens in the area around the American
embassy. At the junction of Telonos and Kokkali Streets, a unit of the special police
control division of the Flying Squad of Attica was carrying out checks on passing cars.
The accused Mahairas, Souliotis and Ventouris were part of this unit. The victim’s
vehicle was coming from the direction of the hospital; he drove through a red light and
the accused Souliotis signalled to him to stop. Instead of stopping at the signal made
by the traffic warden, however, he continued driving towards him and almost hit him.
The police crew got into their car immediately and began chasing him. At Vassilissis
Sofias Street he entered the oncoming lane and drove through a red light. Because of
the traffic, the police officers lost the car, which they were chasing with their flashing
lights on, and met with it again near the War Museum. They flashed their lights at the
driver in order for him to stop; the siren and the flashing lights of the police car were
on. Initially the victim turned his hazard lights on, as if he were going to stop the car.
However, he suddenly accelerated and drove off. He reached Sintagma near the flower
shops; he entered the oncoming lane at Amalias Street and continued towards Siggrou
Avenue. The police car informed the Flying Squad control centre, and the control
centre notified other units that were on duty in the area in which the victim was
moving, in order for them to come and assist. At Siggrou Avenue the car was moving
at a very high speed from one lane to the other. Near Kallirois Street the driver almost
collided with a police car; at the traffic lights at Diogenis Palace he drove through a
red light, entered the oncoming lane and collided with a car. At Trokadero there was a
roadblock formed by a police car, two motorcycles and fifteen civilian cars, which he
got past by driving on the pavement, and the crew of the police car were almost run
over. At Flisvos he collided with a Daihatsu that was stationary, caused it to turn
upside down, injuring the driver, and on Amfitheas Street he collided with a car and a
taxi, whose driver was injured. At the junction of Posidonos and Kalamakiou Streets
there was a police car in the side street, and the cars moving towards Glifada had been
blocked. The victim drove over the central reservation towards the right, in order to
head towards the side street, but then he noticed the police car and drove over the
central reservation towards the left and collided with two cars that were crossing
Posidonos Street and almost ran over Police Constable Stroumpoulis. The first
gunshots directed at the pursued car, which were fired in order to stop the victim, were
heard at the junction of Posidonos and Kalamakiou Streets. It was in that area that the
accused Mahairas, who was riding in the police car and had been chasing the vehicle
from the beginning, fired a burst of shots when the car was at a distance of
approximately 5 metres, with his firearm no. MP 5 C273917, because the car was
moving. He aimed at the rear right tyre. The accused Souliotis, who was riding in the
same police car, fired from the left window, with his pistol no. AO 38275, aiming at
the rear left tyre, which he punctured. Near that junction the victim had to slow down.
Many police officers had reached that spot and occupied both lanes; other police
officers, besides those already mentioned, also fired at the car, as many gunshots were
fired at that spot. It is also to be noted that, during the entire course, policemen, police