TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
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Mr Tsalikidis’ body should have been sent to laboratories abroad, which are
better equipped than the laboratories in Greece for the identification of
drugs or poison in a deceased’s body. A forensic examination of the place of
death and a reconstruction of the death should have been ordered to shed
light on the circumstances of death and in particular to examine whether the
body would have crashed against nearby furniture and therefore suffered
injuries. A new forensic report should also have been drawn up by an
independent coroner so as to clarify the inconsistencies and discrepancies
observed between the other reports, in particular whether the rope mark was
obliquely directed or encircled the deceased’s cervical spine. A DNA test
and a technical expert report on the knot, which had been preserved, should
have been ordered so as to establish whether there were any other person’s
fingerprints on it and whether the deceased would have been capable of
tying such a complex knot. Additionally, phone operator V. should have
been asked to submit the minutes of the meeting that had allegedly taken
place the day preceding Mr Tsalikidis’ death and representatives of the
company should have been requested to officially confirm that he had been
the employee responsible for accepting on behalf of their company the legal
software provided by company E. which had been used to activate the
program of wiretapping. Lastly, the technical advisors S.K. and Th. V.
should have been summoned to testify and cross-examined along with
coroners G.D.L. and F.K., and fresh witness statements should have been
taken in respect of the new evidence acquired.
70. The applicants also contested the conclusions of Dr Ch.S. contained
in the document adduced by the Government in corroboration of their
arguments (see paragraph 81 below). They maintained that this coroner had
not been impartial, as she had initially been asked to draw up a report as an
independent expert following the exhumation and at a later stage had acted
as scientific counsellor on behalf of the Government for the purposes of the
current application.
71. In the light of the above, the applicants argued that the domestic
authorities had failed to take due account of the new evidence and to order
further investigative measures which would have shed light on the
circumstances surrounding Mr Tsalikidis’ death. The steps taken in the new
investigation indicated that there had been several shortcomings in the
initial investigation, some of which could have been rectified during the
supplementary investigation; however this did not happen. The public
prosecutor had chosen to archive the case file without having taken any
further investigative steps and without having provided adequate reasoning
for his decision.
2. The Government’s submissions
72. The Government claimed that a fully effective, thorough and prompt
investigation had taken place into the circumstances surrounding