MAKARATZIS v. GREECE JUDGMENT
23
firearms”), the applicant submitted lastly that the inadequate investigation
into the incident was also evidence of official tolerance on the part of the
State of the use of unlawful lethal force.
2. The Government
38. The Government contended that Article 2 did not come into play in
the present case since the victim was still alive. Admittedly, the police
officers who were involved in the chase had made use of their weapons;
however, they had not intended to kill him, but only to force him to stop his
car and arrest him. Referring to earlier judgments of the Court, the
Government argued that the applicant’s complaints fell to be examined
under Article 3 of the Convention instead.
39. In any event, the Government emphasised that police facing
dangerous situations should enjoy considerable discretion in making honest
judgments on the use of force. In the instant case, the applicant had driven
through a red traffic light in the centre of Athens, near the American
embassy, where security measures were always strengthened since the
embassy was considered a possible target of terrorist actions. Instead of
stopping his car at the police’s signal, the applicant had accelerated and
continued driving in a frenzied, extremely dangerous way, putting his life
and the lives of innocent people at risk. Thus, in the circumstances, the
police had reason to suspect that the applicant was a dangerous criminal or
even a terrorist. Even so, before opening fire, the police officers had tried to
arrest him by using alternative methods, such as artificial traffic congestion,
roadblocks, etc. It was only when they realised that these means were
ineffective that they unavoidably resorted to the use of force. While doing
so, they tried to minimise damage and injury and preserve the applicant’s
life. That was clearly demonstrated by the fact that the police officers had
aimed only at the tyres of the applicant’s car or fired warning shots in the
air. There had been no element of negligence or oversight in the way in
which the operation was conducted. After his arrest, the applicant suffered
no harm at the hands of the police but was immediately driven to hospital.
40. The Government further contended that there had been no
inadequacies in the domestic investigation, which had been prompt and
thorough. They stressed that the day after the incident an administrative
investigation had commenced. In total, thirty-five sworn witness statements
had been taken. Moreover, complete laboratory tests had been conducted in
order to examine thirty-three police firearms, three bullets and four metal
fragments. The applicant’s car had also been examined. In addition, a
criminal investigation had been carried out and seven police officers had
been charged with serious bodily harm and unauthorised use of weapons.
Several witnesses and the applicant himself had been heard in court.
41. The Government concluded that the authorities had shown their
adherence to the rule of law and had taken the reasonable steps available to