TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
5
for launching a supplementary preliminary investigation into the
aforementioned offences or any other offence that might have been
committed. The applicants also declared that they wished to join the
proceedings as civil parties.
19. The first evidence submitted by the applicants was a forensic report
dated 12 November 2010 prepared at their request by a British expert,
Dr S.K. The expert wrote his report − in English − on the basis of his
examination of a number of documents from the case file which had been
translated into that language. The relevant parts of his report read as
follows:
“... 2. In forming my opinion I have had to rely on a relatively limited group of
materials including the original autopsy report translated by Mr Peter Tsalikidis, a set
of colour scene photographs (it is not clear to me who took these photographs), scans
of white and black photos showing an unclothed body with a ligature mark on mid-neck (the detail is poor) and a website videos that were produced for an exposé
produced by the Al-Jazeera network.
...
5. On April 8 I received two emails from Mr Tsalikidis. The first was an extract of
comments taken from a report issued by the Forensic Institute in Athens. The report
states that the ligature was “upwardly directed”, a statement that appears to be
contradicted by the photographs I have seen. Mr Tsalikidis also claims he was told
that “the death was instant because of simultaneous pressure to the carotid bags (sic this should be ‘arteries’)”. This statement, too, is inconsistent with the normal
colouration of the face as shown in the photographs.
6. On March 29 I was sent a link to a website dedicated to this case... The video also
contains several images and statements that are confusing. These include (1)
photograph of the suspensory knot – it is a complex knot, and definitely not the sort of
knots seen in routine suicides. I do not know if the deceased possessed the requisite
skills needed to tie such a complex knot. The video narrator stated that the body was
hanging 3 inches from the floor. In spite of the short distance, it is possible for
someone to hang themselves at this low height. In fact, it is not uncommon.
...
8. ... The photographs do show that the deceased was unclothed; they also showed
an obvious ligature mark that was located in mid-neck, parallel to the shoulders.
...
Gross Autopsy Findings
10. Neither the height nor the weight of the deceased was supplied. Neither the core
temperature of the cadaver nor the ambient room temperature was recorded. It appears
that the autopsy was performed the next day, but whether the cadaver was refrigerated
is not stated and, since core temperature was not obtained, it would have been
irrelevant anyway. No attempt whatsoever was made to identify the time of death...
No fibres were taken from the ligature for identification and no tissue taken from the
ligature were taken for microscopic examination.