TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
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of the existence of formal remedies in the legal system of the Contracting
State concerned but also of the general context in which they operate, as
well as the personal circumstances of the applicant. It must then examine
whether, in all the circumstances of the case, the applicant did everything
that could reasonably be expected of him or her to exhaust the domestic
remedies (see Akdivar, cited above, § 69, and Aksoy, cited above, §§ 53-54).
62. The Court observes that the Government claimed that the applicants
should have submitted an application for compensation in respect of damage
caused by the acts or omissions of the investigative authorities and in
particular by the lack of an effective investigation into Mr Tsalikidis’ death.
In this respect, they relied on a number of domestic decisions in which
compensation was awarded to relatives of deceased persons whose death
was attributable to State officials. However, the Government did not refer to
any examples where domestic courts had awarded compensation for damage
caused by the procedural shortcomings of an investigation conducted by
State authorities.
63. The Court considers that the Government’s objection is closely
linked to the substance of the applicants’ complaints. It therefore joins the
objection to the merits of the case.
(d) The second and third applicants’ victim status
64. The Court reiterates that close family members, including siblings,
of a person whose death is alleged to engage the responsibility of the State
can themselves claim to be indirect victims of the alleged violation of
Article 2 of the Convention, and the question of whether they were legal
heirs of the deceased is not relevant (see Velikova v. Bulgaria (dec.),
no. 41488/98, ECHR 1999-V (extracts), and Van Colle v. the United
Kingdom, no. 7678/09, § 86, 13 November 2012). The Court considers that,
as the parents of Mr Tsalikidis, the second and third applicants could
legitimately claim to be victims of any deficiencies in the investigation of
their son’s death (see, for example, Kurt v. Turkey, 25 May 1998, § 134,
Reports 1998-III, and Emars v. Latvia, no. 22412/08, § 51, 18 November
2014). In view of the foregoing, the Government’s objection must be
dismissed.
65. The Court notes that the rest of the application is not manifestly
ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It
further notes that it is not inadmissible on any other grounds. It must
therefore be declared admissible.