The European Court of Human Rights has recently ruled against Greece in the case of Alkhatib and others v. Greece. The court found that the Greek coast guard’s use of force in a 2014 shooting incident was not “absolutely necessary,” violating Article 2 of the European Convention on Human Rights (ECHR).
Greece was unanimously found to have violated the procedural and substantive dimensions of Article 2 of the ECHR. Both dimensions were deemed applicable even though the victim survived the application of potentially lethal force.
Greece’s management of the incident drew sharp criticism from the court, which highlighted issues with the maritime surveillance force’s use of force laws. The coastguards were singled out for their excessive force and lack of vigilance, in addition to operating under an unclear firearm regulation framework. Greece’s failure to justify the “absolute necessity” of the force used, under Article 2(2) of the ECHR, was also a key factor in the ruling. Consequently, Greece was ordered to pay the applicants 80,000 euros in moral damages under Article 41 of the ECHR.
The ECHR serves as the first legally binding international instrument enforcing certain rights from the Universal Declaration of Human Rights. It manages individual and state complaints, and protects a range of rights, including the right to liberty and security. Working alongside the ECHR, the European Court of Human Rights is an international court that adjudicates civil and political rights, issuing over 10,000 binding judgments and fostering the rule of law throughout Europe.