32 MAKARATZIS v. GREECE JUDGMENT independent and impartial. The same reasoning applies in the case under consideration, where the Court has found that the force used by the police against the applicant endangered his life (see paragraphs 53 to 55 above). 74. The investigation must be capable, firstly, of ascertaining the circumstances in which the incident took place and, secondly, of leading to the identification and punishment of those responsible. This is not an obligation of result, but of means. The authorities must have taken the reasonable steps available to them to secure the evidence concerning the incident, including, inter alia, eyewitness testimony and forensic evidence. A requirement of promptness and reasonable expedition is implicit in this context. Any deficiency in the investigation which undermines its capability of establishing the circumstances of the case or the person responsible is liable to fall foul of the required standard of effectiveness (see Kelly and Others v. the United Kingdom, no. 30054/96, §§ 96-97, 4 May 2001, and Anguelova, cited above, § 139). 75. In the instant case, following the incident, an administrative investigation was opened. A number of police officers and other witnesses were interviewed and laboratory tests were conducted. After the investigation a criminal prosecution was brought against seven police officers, who were eventually acquitted (see paragraphs 13 and 15 above). 76. However, the Court observes that there were striking omissions in the conduct of the investigation. In particular, the Court attaches significant weight to the fact that the domestic authorities failed to identify all the policemen who took part in the chase. In this connection, it may be recalled that some policemen left the scene without identifying themselves and without handing over their weapons; thus, some of the firearms which were used were never reported. This was also acknowledged by the domestic court. It also seems that the domestic authorities did not ask for the list of the policemen who were on duty in the area when the incident took place and that no other attempt was made to find out who these policemen were. Moreover, it is remarkable that only three bullets were collected and that, other than the bullet which was removed from the applicant’s foot and the one which is still in his buttock, the police never found or identified the other bullets which injured the applicant. 77. The above omissions prevented the national court from making as full a finding of fact as it might otherwise have done. It will be recalled that the seven police officers were acquitted on the first charge (causing serious bodily harm), on the ground that it had not been shown beyond reasonable doubt that it was they who had injured the applicant, since many other shots had been fired from unidentified weapons (see paragraph 19 above). The Court is not convinced by the Government’s assertion that the domestic authorities could not have done more to obtain evidence concerning the incident.

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