4
TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
committed against Mr Tsalikidis, even though his death was causally linked
with the wiretapping case. On 25 September 2006 the decision was upheld
by order no. 565/25-9-06 issued by the public prosecutor at the Court of
Appeal following an appeal against it by the first applicant.
B. The wiretapping affair
14. On 2 February 2006 the Minister of Public Order made a statement
informing the public that since June 2004 (two months before the Olympic
Games) the telephones of many state officials had been tapped through
spyware that had been implanted in the network of phone operator V. The
wiretap, installed by persons unknown, had targeted more than 100 of
Greece’s State officials, including the Prime Minister and many senior
members of the Cabinet. The spyware diverted phone conversations made
by V.’s subscribers to fourteen “shadow” pay-as-you-go mobile phones,
allowing calls to be monitored.
15. Following a parliamentary investigation, it was made known that the
unauthorised spyware had been implanted in a software provided by
company E. to phone operator V. Mr Tsalikidis had been responsible for
accepting the software from E. on behalf of V. and met representatives from
E. on a monthly basis in order to discuss new versions of the software and
other technical issues.
16. V. was informed by E. that their network had been used to wiretap
State officials on 4 March 2005. On 8 March 2005 G.K., a senior manager
with V., ordered that the newly discovered software be deactivated and
removed from its systems. On 10 March 2005 he informed the Ministers of
Justice and of Public Order and the director of the Prime Minister’s office
about the existence of the software. A criminal investigation was ordered
but its conclusions are not apparent from the material in the Court’s
possession.
17. The wiretapping affair assumed large dimensions both within and
outside Greece, and the investigation was widely reported in the media.
Mr Tsalikidis’ death occurred the day after the spyware had been removed
from V.’s network and the day before the relevant ministers were informed
and this fact was mentioned in all the newspaper articles, suggesting an
association between his death and the wiretapping affair without his
involvement in the case being established.
C. Supplementary investigation
18. On 8 February 2012, citing new evidence, the applicants requested
that the public prosecutor at the Athens Court of First Instance reopen the
case file for the purposes either of initiating criminal proceedings in rem for
intentional homicide and/or exposure to peril and/or felonious extortion, or