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.