The European Court of Human Rights ruled Tuesday against Greece in Alkhatib and others v. Greece. The court ruled that the Greek coast guard used force that was not “absolutely necessary” within the meaning of Article 2 of the European Convention on Human Rights (ECHR) in shooting a Syrian man while attempting to intercept a migrant smuggling boat near a Greek island on September 22, 2014.

The court unanimously ruled that Greece had violated the procedural and substantive dimensions of Article 2 of the ECHR. It applied Article 2 of the ECHR, stating that the article is applicable where the victim survives after potentially lethal force was applied.

The court criticized the Greek authorities’ investigation and found Greece to be in breach of its obligation to establish laws that govern the use of force in maritime surveillance. The coastguards were faulted for employing excessive force, lacking vigilance and operating in the context of uncertain firearm regulation. Greece also failed to demonstrate the “absolute necessity” dimension of force under Article 2(2) of the ECHR. The court ordered Greece to pay the applicants 80,000 euros for moral damages under Article 41 of the ECHR.

The ECHR was the first international instrument to make certain rights from the Universal Declaration of Human Rights legally binding. It addresses complaints from individuals and states and protects rights such as the right to liberty and security. On the other hand, the European Court of Human Rights is an international court that adjudicates civil and political rights as outlined in the ECHR. It has issued over 10,000 binding judgments and consolidates the rule of law in Europe.