16
MAKARATZIS v. GREECE JUDGMENT
cars and motorcycles joined the chase, without being able to stop the vehicle. It
continued its course along Kalamakiou Avenue, despite the gunshots, and stopped at
the junction of Kalamakiou and Artemidos Streets, at the entrance of a petrol station
and near the petrol pumps, with the front facing the street. There, he was surrounded
by the police units that were chasing him, and which the control centre knew had
taken part in the operation, and also by other units that had come on their own
initiative to help their colleagues when they heard about the incident from the control
centre. In other words, there were units in the area that had gone to the scene of the
incident, without being called. The police officers got out of their cars and off their
motorcycles, holding their weapons. The victim made some movements in his car,
which gave the police officers the impression that he had a weapon. The police
officers asked him to get out of the car, but he did not, and the police officer who was
wearing a bullet-proof vest, Nikolaos Boulketis, approached the car. Then, a lot of the
police officers who were present began firing in order to intimidate the victim and
cover their colleague; Nikolaos Boulketis took the opportunity to break the car
window and arrest the victim. Earlier, the accused police officer Christos Markou had
climbed on to the veranda which was above the petrol station and had thrown a pot
down, which broke the windscreen without making it fall in. When the victim got out
of the car, he was immobilised by the police officer who had arrested him, and by his
colleagues, and then it became clear that he was injured. He had an exit wound on his
right arm, another exit wound on the right of the thorax, with the entry from the back
of the armpit. He had an exit wound at the end of his left foot, a wound high up on his
left buttock and wounds on the outer surface of the kidney area. The windscreen of the
car driven by the victim was broken, but had not fallen in; it had three bullet holes and
a mark made by another. There were three bullet holes in the metal part of the left
door at the back, and a bullet mark on the metal surface of the chassis. The back
window was smashed and on its metal part there were two bullet holes and another
one at the left rear lights. There was a bullet mark on the right rear wing above the
wheel. The front passenger window was broken and there was a bullet mark on the
outside of the roof. There were bullet holes inside the car under the glove
compartment on the dashboard, on the radio, the top part of the dashboard, in the
driver’s seat, in the front passenger seat and in the back seat. Two bullets and four
fragments were found inside the car. Of the police officers who took part in the
operation, thirty-three handed over their weapons, that is, all those who had been
ordered to take part in the chase or who had notified the control centre and whose
departments knew that they had taken part in the operation. However, others had taken
part of their own accord in order to help their colleagues, and it is not known who they
are or why they left after the arrest of the victim without informing the control centre
of their presence at the scene of the incident. Among the thirty-three weapons, there
were twenty-three revolvers of .357 Magnum calibre; six pistols, five of which were
of 9 mm Parabellum and one of .45 ACP calibre; and four HK MP 5 submachine guns
of 9 mm Parabellum calibre. Of the thirty-three weapons, only the weapons of the
accused had been fired. The three bullets that were found in the car and the one that
was removed from the first metatarsal of the right foot of the driver came from
cartridges of 9 mm Parabellum (9 x 19) calibre. Such cartridges are fired mainly from
pistols and submachine guns with the same calibre. The four fragments found inside
the car are sabot fragments of coated bullets of different calibre and it was not possible
to identify the calibre of the bullets, although one of the fragments was assessed as a
fragment of 9 mm Parabellum (9 x 19) calibre. The report by the laboratory expert
confirmed that the three bullets, two of which were found in the car and one of which
was found in the foot of the victim, came from cartridges of 9 mm Parabellum (9 x 19)
calibre. The bullet [PB2] and the two metal sabots [PP1 and PP2] found inside the car
were fired by the HK MP 5 submachine gun number no. C273917 that belonged to the