MAKARATZIS v. GREECE JUDGMENT
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on the use of firearms should “ensure that firearms are used only in
appropriate circumstances and in a manner likely to decrease the risk of
unnecessary harm”.
32. Other relevant provisions read as follows:
Paragraph 10
“... law-enforcement officials shall identify themselves as such and shall give a clear
warning of their intent to use firearms, with sufficient time for the warnings to be
observed, unless to do so would unduly place the law-enforcement officials at risk or
would create a risk of death or serious harm to other persons, or would be clearly
inappropriate or pointless in the circumstances of the incident.”
Paragraph 22
“... Governments and law-enforcement agencies shall ensure that an effective
review process is available and that independent administrative or prosecutorial
authorities are in a position to exercise jurisdiction in appropriate circumstances. In
cases of death and serious injury or other grave consequences, a detailed report shall
be sent promptly to the competent authorities responsible for administrative review
and judicial control.”
Paragraph 23
“Persons affected by the use of force and firearms or their legal representatives shall
have access to an independent process, including a judicial process. In the event of the
death of such persons, this provision shall apply to their dependants accordingly.”
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION
33. The applicant complained that the police officers who chased him
had used excessive firepower against him, putting his life at risk, and that
the authorities had failed to carry out an adequate and effective investigation
into the incident. He argued that there had been a breach of Article 2 of the
Convention, which provides:
“1. Everyone’s right to life shall be protected by law. No one shall be deprived of
his life intentionally save in the execution of a sentence of a court following his
conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this
Article when it results from the use of force which is no more than absolutely
necessary: