22 TSALIKIDIS AND OTHERS v. GREECE JUDGMENT Mr Tsalikidis’ death both at the initial stage and following the applicants’ request for the reopening of the case file in 2012. 73. The Government maintained that the applicants were in essence complaining about the assessment of the evidence by the domestic authorities, disregarding the fact that the Court is not a court of fourth instance. The Government further argued that the applicants had based their allegations concerning the ineffectiveness of the investigation merely on a fragmentary assessment of the evidence collected whilst it was being conducted. However, the public prosecutor at the Athens Court of First Instance − who on 16 June 2014 upheld the conclusion set out in order 80/06 that there was no evidence of any criminal offence − had taken due account of all the evidence, including the reports drawn up – with great delay − by the applicants’ technical advisors. 74. In addition, the two forensic reports prepared by S.K. and Th.V. had not been convincing as they had not been identical and had not included reliable evidence which could have called into question the conclusions of the first autopsy report drawn up by G.D.L. In particular, S.K. had relied on partial evidence, without having examined the body or having first-hand knowledge of the case file. He had included comments not normally found in forensic reports − such as the fact that the deceased had expressed fears for his safety during the weeks preceding his death − and he had disregarded some of the material in the case file. In particular, he had commented in his report the absence of cadaveric hypostases in the legs of the deceased as an indication that the deceased had not been hanged; however, he had failed to notice that the body had been found only few hours after hanging which could have explained the absence of any such signs. S.K.’s statement that the knot had been fairly complex had been based on pictures of dubious origin and clarity and had been contradictory to the statement by F.K., who had expressed the view that the knot had been a simple. In general, his conclusions had been ambiguous. 75. As regards the forensic report drawn up by Th.V, the Government claimed that it had been vague and had not provided specific evidence which could have called into question the conclusions of the initial autopsy. In addition, Th.V.’s remark that the lack of any injuries caused by after-death body spasms had been strange had not been well-founded since the body had not been hanging near walls which could have caused such injuries. 76. As regards the psychiatric report, the Government argued that it had been prepared by a psychiatrist who had never met Mr Tsalikidis and had been based on the testimonies of relatives and friends, without taking into account their psychological state following the death of a loved one. But even in those circumstances, the psychiatrist had not excluded the possibility that Mr Tsalikidis might have committed suicide.

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