30
TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
104. The same considerations apply to the failure to obtain a new
forensic report – which could have addressed the inconsistencies concerning
the cause of death and the rope mark on the deceased’s neck – and a
technical expert report examining the complexity of the knot. Although the
Government maintained that no inconsistencies existed between the
coroners’ opinions, the Court cannot fail to notice that the first coroner
attributed Mr Tsalikidis’ death to pulmonary edema and the second coroner
to cardiac arrest, but both conclusions were strongly contested by the
applicants’ technical advisors. In addition, the conclusion of the initial
autopsy was that Mr Tsalikidis had been hanged with a noose, whereas after
the supplementary investigation the cause of death was noted by two of the
three coroners as unclarified. The Court cannot share the Government’s
view that after so many years this was the only possible conclusion in
respect of the cause of death and that establishing the cause of death had
anyway not been the purpose of the exhumation. In the Court’s view, the
purpose of exhumation had been precisely to clarify the circumstances of
Mr Tsalikidis’ death and to identify any traces of criminal activity which
could have led to it. If this had not been so, the coroners would not have
stated the cause of death in their reports and would simply have commented
on the findings or the absence thereof. Lastly, the knot was initially
described as an “everyday, simple knot”; however, the applicants’ technical
advisor considered that it was particularly complex and would have required
sailing knowledge to tie it.
105. The Court notes that the Government advanced various arguments
as to why further investigative measures had not been necessary and tried to
rebut the applicants’ allegations, relying on the certificate prepared by
coroner Dr Ch.S., amongst others. However, the Court considers that it was
the task of the public prosecutor to explain why no further investigative
measures were necessary and why he decided to uphold the conclusion of
order 80/06 despite the new evidence which had come to light. The order by
which the supplementary investigation was closed did not contain any
presentation or analysis of the available evidence such as the new findings
of the histology report or the conclusions of the forensic reports. The Court
thus notes that the Athens public prosecutor did not attempt to resolve the
inconsistencies revealed at the stage of the supplementary investigation and,
in deciding to terminate the supplementary investigation, failed to
adequately investigate or explain the patently obvious contradictions that
ensued from it (compare Başbilen v. Turkey, cited above, § 73).
106. In reaching this conclusion, the Court attaches some weight to the
fact that the Athens public prosecutor at the Court of First Instance in his
order 80/06 mentioned that the death of Costas Tsalikidis had been causally
linked with the wiretapping case (see paragraph 13 above). It was therefore
even more important for the domestic authorities – which could not have