24
TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
that the mark was obliquely directed. The fact that rope mark had been
circular − that is to say encircling the neck completely − had not precluded
its also being obliquely directed. Moreover, coroner G.D.L. had attributed
Mr Tsalikidis’ death to pulmonary oedema and coroner F.K. to cardiac
arrest; however, these two statements were not contradictory as “cardiac
arrest” meant loss of heart function and was synonymous with death. In
addition, these alleged contradictions should have been brought up by the
applicants following the end of the initial investigation.
81. By way of corroboration of their arguments, the Government
presented a certificate dated 17 May 2016 issued by Ch.S, one of the three
coroners who had drawn up reports following the exhumation, and who was
also the Director of the Laboratory of Forensic Medicine and Toxicology in
the School of Medicine of Athens National University. Dr Ch.S. stated that
in her view both the initial and supplementary investigations had been
complete and endorsed the Government’s arguments as regards the cause of
death, the hyoid bone, the reports drawn up by the applicants’ technical
experts, and the rope mark on the deceased’s neck.
82. In conclusion, the Government maintained that the domestic
authorities had conducted a thorough, prompt and impartial investigation, as
proven by the extensive collected evidence. The applicants’ involvement in
the investigation had been evident and the authorities − which had
responded immediately to the applicants’ request for exhumation − had
reached the decision to archive the file after assessing all the evidence in
their possession.
3. The Court’s assessment
(a) General principles
83. Article 2 of the Convention, which safeguards the right to life, ranks
as one of the most fundamental provisions in the Convention and enshrines
one of the basic values of the democratic societies making up the Council of
Europe. The Court must subject any allegations of breaches of this
provision to the most careful scrutiny (see Nachova and Others v. Bulgaria
[GC], nos. 43577/98 and 43579/98, § 93, ECHR 2005-VII).
84. The Court observes at the outset that the applicants did not contend
that the authorities of the respondent State had been responsible for the
death of their relative; nor did they imply that the authorities knew or ought
to have known that he was at risk of physical violence at the hands of third
parties and had failed to take appropriate measures to safeguard him against
such a risk. The present case should therefore be distinguished from cases
involving the alleged use of lethal force either by agents of the State or by
private parties with their collusion (see McCann and Others v. the United
Kingdom, judgment of 27 September 1995, Series A no. 324; Shanaghan
v. the United Kingdom, no. 37715/97, § 90, 4 May 2001; Anguelova