12
TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION
36. Relying on Article 2 of the Convention, the applicants complained
that the State authorities had failed to carry out an effective investigation
into the death of Mr Tsalikidis. Article 2 reads, in so far as relevant, as
follows:
“1. Everyone’s right to life shall be protected by law ...”
37. The Government contested that argument.
A. Admissibility
1. The parties’ submissions
38. The Government argued that the part of the application relating to
the alleged deficiencies in the initial preliminary investigation conducted in
2005-2006 (E2006/1200) should be rejected as having been lodged out of
time. The initial investigation was terminated on 20 June 2006 by order
no. 80/2006 issued by the public prosecutor at the Athens Court of First
Instance. Following an appeal against it by the first applicant, on
25 September 2006 order no. 565/2006 was issued by the public prosecutor
at the Athens Court of Appeal, rejecting the appeal. In the Government’s
view, any deficiencies relating to the initial preliminary investigation should
have been raised within six months of the date of last order completing the
investigation. Any other interpretation would mean that applicants would be
allowed to raise complaints about alleged deficiencies in the initial
investigation even years later by submitting new evidence – whether real or
fake – to the domestic authorities.
39. The Government also raised an objection concerning admissibility
under Article 35 § 2 (b) of the Convention in respect of either the whole
application or at least the part of the complaint relating to the initial
preliminary criminal investigation. In particular, the Government pointed
out that the first applicant had previously lodged application no. 13207/07
with the Court, which had been declared inadmissible. Even though they
were not in position to scrutinise the similarity between that application and
the application currently under examination – since the former had never
been communicated to them – the Government submitted that the Court
should consider whether the two applications were substantially similar and
if that was the case, dismiss the current application or at least its relating to
the initial criminal investigation under Article 35 § 2 (b) of the Convention.
40. The Government also raised two objections of non-exhaustion of
domestic remedies. Firstly, they argued that it was only the first applicant