MAKARATZIS v. GREECE JUDGMENT
3
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
10. The applicant was born in 1967 and lives in Athens.
A. Outline of events
11. In the evening of 13 September 1995 the police tried to stop the
applicant, who had driven through a red traffic light in the centre of Athens,
near the American embassy. Instead of stopping, the applicant accelerated.
He was chased by several police officers in cars and on motorcycles. During
the pursuit, the applicant’s car collided with several other vehicles. Two
drivers were injured. After the applicant had broken through five police
roadblocks, the police officers started firing at his car. The applicant alleged
that the police were firing at the car’s cab, whereas the Government
maintained that they were aiming at the tyres.
12. Eventually, the applicant stopped at a petrol station, but did not get
out. The police officers continued firing. The applicant alleged that the
policemen knelt down and fired at him, whereas the Government
maintained that they were firing in the air, in particular because there were
petrol pumps in danger of exploding. One of the police officers threw a pot
at the windscreen. Finally, the applicant was arrested by a police officer
who managed to break into the car. The applicant claimed that he was shot
on the sole of his foot while being dragged out of his car. The Government
contested that claim, referring to the findings of the domestic court (see
paragraph 19 below). The applicant was immediately driven to hospital,
where he remained for nine days. He was injured on the right arm, the right
foot, the left buttock and the right side of the chest. One bullet was removed
from his foot and another one is still inside his buttock. The applicant’s
mental health, which had broken down in the past, has deteriorated
considerably since the incident.
B. The administrative investigation
13. Following the incident, an administrative investigation was carried
out by the police. Twenty-nine of the police officers who had taken part in
the chase were identified. There were also other policemen who had
participated in the incident of their own accord and who had left the scene
without identifying themselves and without handing in their weapons. In
total, thirty-five sworn witness statements were taken. Laboratory tests were