20
TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
B. Merits
1. The applicant’s submissions
66. The applicants complained that very few steps had been taken by the
national authorities during the investigation conducted from 2012 to 2014,
and argued that those steps had not been sufficient to clarify the
circumstances surrounding Mr Tsalikidis’ death. In their opinion, it had not
been proved that the deceased had committed suicide and the steps taken in
the second investigation had not been sufficient to rectify the serious
omissions identified during the initial investigation.
67. The applicants argued that during the supplementary investigation
new evidence had emerged which had reinforced the scenario of homicide,
whereas the scenario of suicide had become less probable. In this respect,
they stressed the importance of the reports by the two new experts, namely
S.K. and Th.V. – both of whom possessed excellent credentials – who had
identified a number of disturbing features in the initial autopsy, such as the
absence of typical signs of hanging, the divergences between coroners’
testimonies as to the position of the rope mark and the inconsistencies
concerning the cause of death. The applicants had informed the authorities
of the contradictions that cast a shadow to the conclusions of the initial
investigation, as soon as they had been made aware of them, with the
assistance of their technical advisors. They also referred to the psychiatric
report prepared at their request, which stated that the deceased had not
betrayed any of the personality characteristics associated with a suicide risk.
68. Most importantly, they relied on the evidence discovered following
the exhumation of the body, namely the broken hyoid bone, a phenomenon
consistent with strangulation. Even though the lapse of time and the absence
of surrounding soft tissue had made it impossible to conclude whether the
hyoid bone had been broken ante-mortem or post-mortem, the applicants
argued that it would have been highly improbable for all the other bones to
have remained intact and the only one to be broken after death to be the
hyoid bone. For the applicants, this evidence had been sufficient to call into
question the conclusions of the initial investigation and to suggest homicide
rather than suicide. In this regard, they cited the reports drawn up by the
three coroners following the exhumation. Whereas during the initial
investigation the death had been considered a suicide – for which reason the
case file had been archived – the findings of the histology report had caused
two out of the three coroners, namely I.B. and N.K, to conclude that the
cause of death remained unclarified, meaning that homicide had not been
excluded. The third coroner, Ch.S. had prepared a similar report without any
reference to the cause of death.
69. The applicants cited a number of investigative measures which
should have been taken in order for the investigation to have been effective.
The biological material extracted following the exhumation of