CEDH · PRESS;HEARINGS;ENG — 30 juin 2004

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s37CDBE05 { margin-top:0pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sBF401EEE { width:32.35pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS   335 30.6.2004   Press release issued by the Registrar   GRAND CHAMBER HEARING MAKARATZIS v. GREECE     The European Court of Human Rights is holding a Grand Chamber hearing today, Wednesday 30 June 2004 at 9 a.m., on the merits in the case of Makaratzis v. Greece (application   no. 50385/99).   The applicant   The case concerns an application brought by a Greek national, Christos Makaratzis, who was born in 1967 and lives in Athens.   Summary of the facts   On 13 September 1995 the police tried to stop the applicant, an unarmed civilian, after he had driven through a red traffic light in the centre of Athens. The applicant did not stop, but accelerated. He was pursued by several police officers in cars and on motorcycles and his 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. Eventually, after a chase through various main roads in Athens, he stopped his car at a petrol station, but locked the doors and refused to get out. The police officers continued firing. The applicant alleges that they were firing at his car; the Government allege that they were firing into the air. One police officer threw a pot at the car windscreen. Finally, the applicant was arrested by a police officer who managed to break into the car. The applicant was immediately driven to the hospital, where he remained for nine days. He sustained injury to his right arm, his right foot, his left buttock and the right side of his chest. He claims that he was shot in the sole of his foot while being dragged out of his car. The Government contest this allegation. The applicant’s mental health has deteriorated considerably since the accident.   Some of the police officers left the scene without revealing their identity and disclosing all necessary information concerning the weapons used. The public prosecutor instituted criminal proceedings against seven officers, which ended in their acquittal. Given that not all the officers involved in the incident had been identified, the criminal court was unable to establish beyond reasonable doubt that the seven accused were the ones who had fired at the applicant.   Complaints   The applicant complained, under Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment) and 13 (right to an effective remedy) of the European Convention on Human Rights, that the police officers used excessive fire-power against him, putting his life at risk. He also complained of the lack of an adequate investigation into the incident.   Procedure   The application which was lodged with the European Commission of Human Rights on 2 June 1998 was transmitted to the European Court of Human Rights on 1 November 1998. It was declared partly admissible on 18 October 2001 and a public hearing was held in Strasbourg on 3 April 2003. On 5 February 2004, jurisdiction was relinquished in favour of the Grand Chamber. Third party observations were received on 10 June 2004 from the Institut de Formation en Droits de l’Homme du Barreau de Paris .   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Georg Ress (German), Nicolas Bratza (British), Giovanni Bonello (Maltese), Riza Türmen (Turkish) Françoise Tulkens (Belgian) , Viera Strážnická (Slovakian) , Peer Lorenzen (Danish) , Nina Vajić (Croatian) , Margarita Tsatsa-Nikolovska (Macedonian) , Hanne Sophie Greve (Norwegian) , Anatoli Kovler (Russian) , Vladimiro Zagrebelsky (Italian) , Lech Garlicki (Polish), Khanlar Hajiyev (Azerbaijani), judges , Antonella Mularoni (San Marinese) , Loukis Loucaides (Cypriot) , Mindia Ugrekhelidze (Georgian), substitute judges , and also Paul Mahoney , Registrar .   Representatives of the parties   Government:   Michael Apessos, Delegate of the Agent ,   Vassilios Kyriazopoulos , Counsel,   Ioannis Bakopoulos , Adviser,   Applicant:   Ioannis Ktistakis , Counsel ,   Ioanna Kourtovik ,   Eleftherios Ktistakis, Advisers.     ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site.