MAKARATZIS v. GREECE JUDGMENT
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commonly acknowledged as obsolete and incomplete in a modern
democratic society was still regulating the use of weapons by State agents.
The system in place did not afford to law-enforcement officials clear
guidelines and criteria governing the use of force in peacetime. It was thus
unavoidable that the police officers who chased and eventually arrested the
applicant should have enjoyed a greater autonomy of action and have been
left with more opportunities to take unconsidered initiatives than would
probably have been the case had they had the benefit of proper training and
instructions. The absence of clear guidelines could further explain why a
number of police officers took part in the operation spontaneously, without
reporting to a central command.
71. In the light of the above, the Court considers that, as far as their
positive obligation under the first sentence of Article 2 § 1 to put in place an
adequate legislative and administrative framework was concerned, the
Greek authorities had not, at the relevant time, done all that could be
reasonably expected of them to afford to citizens, and in particular to those,
such as the applicant, against whom potentially lethal force was used, the
level of safeguards required and to avoid real and immediate risk to life
which they knew was liable to arise, albeit only exceptionally, in hot-pursuit
police operations (see, mutatis mutandis, Osman, cited above, p. 3160,
§ 116 in fine).
72. Accordingly, the applicant has been the victim of a violation of
Article 2 of the Convention on this ground. In view of this conclusion, it is
not necessary to examine the life-threatening conduct of the police under the
second paragraph of Article 2.
4. Alleged inadequacy of the investigation
73. The obligation to protect the right to life under Article 2 of the
Convention, read in conjunction with the State’s general duty under
Article 1 to “secure to everyone within [its] jurisdiction the rights and
freedoms defined in [the] Convention”, requires by implication that there
should be some form of effective official investigation when individuals
have been killed as a result of the use of force (see Çakıcı v. Turkey [GC],
no. 23657/94, § 86, ECHR 1999-IV). The essential purpose of such an
investigation is to secure the effective implementation of the domestic laws
safeguarding the right to life and, in those cases involving State agents or
bodies, to ensure their accountability for deaths occurring under their
responsibility (see Anguelova v. Bulgaria, no. 38361/97, § 137, ECHR
2002-IV). Since often, in practice, the true circumstances of the death in
such cases are largely confined within the knowledge of State officials or
authorities, the bringing of appropriate domestic proceedings, such as a
criminal prosecution, disciplinary proceedings and proceedings for the
exercise of remedies available to victims and their families, will be
conditioned by an adequate official investigation, which must be