TSALIKIDIS AND OTHERS v. GREECE JUDGMENT 31 lost sight of the possible connection – to take all necessary measures to investigate Mr Tsalikidis’ death and the circumstances surrounding it. 107. In the light of the foregoing, the Court considers that the national authorities failed to carry out an adequate and effective investigation into the circumstances surrounding the death of Mr Tsalikidis. The Court observes, in particular, that the difficulty in determining whether there was any substance in the applicants’ claim that their relative was unlawfully killed rests with the failure of the authorities adequately to investigate the circumstances of the death (see Esat Bayram v. Turkey, no. 75535/01, § 52, 26 May 2009) in breach of the procedural obligations imposed under Article 2 of the Convention. 108. That said, the Court does not consider that the applicants acted inappropriately when choosing to pursue the case under the Code of Criminal Procedure. In particular, the Court notes that, as far as the supplementary investigation is concerned, the applicants submitted an application to the public prosecutor requesting the reopening of the investigation on the basis of new evidence. At the same time, they expressed their wish to join the proceedings as civil parties. Apart from the possibility of requesting compensation in respect of non-pecuniary damage, as civil parties and by virtue of the Code of Criminal Procedure, the applicants had the right to participate in the criminal procedure and to request that certain investigative acts be conducted by the investigating authorities and to have technical experts present when the investigative acts were carried out (see Papapetrou and Others, cited above, § 39, 12 July 2011). The Court observes that the applicants duly made use of the above-mentioned possibilities provided to them by law. The Court’s conclusion that these proceedings turned out to be ineffective cannot be held against them (see Elena Cojocaru v. Romania, no. 74114/12, § 123, 22 March 2016). 109. As regards the applicants’ ability to bring an action for damages against the investigative authorities who conducted the investigation into the death of Costas Tsalikidis, the Court reiterates that when there has been no intentional taking of life, an award of damages through civil or administrative proceedings may offer appropriate redress (see, among other authorities, Mustafa Tunç and Fecire Tunç v. Turkey [GC], cited above, § 131). However, in cases of fatal assault, the breach of Article 2 cannot be remedied exclusively through an award of compensation to the relatives of the victim (see, among other authorities, Tanrıkulu v. Turkey [GC], no. 23763/94, § 79, ECHR 1999 IV). Consequently, the award of damages is not sufficient in such cases to remedy the violation of Article 2 of the Convention and to deprive the applicant of his status as a victim (see Erkan v. Turkey (dec.), no. 41792/10, § 61, 28 January 2014). 110. In cases where it is not clearly established from the outset that the death has resulted from an accident or another unintentional act, and where the hypothesis of unlawful killing is at least arguable on the facts, the

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