TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
9
no. 1313/7-12-2012, drawn up on 7 December 2012 by the Forensic Science
Laboratory of the Toxicology Unit of the University of Crete, and forensic
report no. 865/25-11-2013 on the exhumed body, drawn up on
25 November 2013 by the Forensic and Toxicology Laboratory of the
School of Medicine of Athens University, the results were negative as
regards the presence of poison or medication. However, in both reports it
was stressed that the absence of a positive finding did not preclude the
possibility of the administration of poison or medication to the deceased,
since a number of factors, such as the lapse of time, could have affected the
results.
30. According to histology report no. 889/12/26-2-2013 drawn up on
26 February 2013 by the First Pathological Anatomy Laboratory of the
School of Medicine of Athens University, the deceased’s hyoid bone was
found to be broken. However, owing to the absence of surrounding soft
tissue, it was not possible to say whether it had been broken ante-mortem or
post-mortem.
31. On the basis of the above-mentioned findings, the three coroners
each prepared a new forensic report. Coroners I.B. and N.K., in their reports
numbered 1408/2561/30-4-2012/10-7-2013 and 1287/18-6-2013 and drawn
up on 10 July 2013 and on 18 June 2013 respectively, commented on the
findings of the toxicology reports and histology report and concluded that
the cause of Mr Tsalikidis’ death remained unclarified due to the passage of
time. Coroner Ch.S. prepared a similar report dated 25 November 2013
commenting on the above-mentioned findings without any reference to the
cause of death.
32. The applicants also requested that a psychiatric report be included in
the case file, and one was duly prepared at their request. Dr A.D. studied the
case file documents and conducted interviews with the first applicant and
the deceased’s fiancée. His report dated 12 April 2012 stated that the
deceased did not betray any of the personality characteristics associated
with a suicide risk. In addition, no other factors such as health issues or
financial problems were detected as being of concern, and in general, no
plausible grounds for suicide were identified. In the doctor’s opinion, his
support system of friends and family, his short-term (excursion) and
long-term (wedding) plans, together with the absence of any risk factors,
were all indications that Mr Tsalikidis did not commit suicide.
33. On 16 June 2014 the public prosecutor at the Athens Court of First
Instance, with the approval of the public prosecutor at the Court of Appeal,
closed the supplementary investigation, concluding that the
above-mentioned reports, considered in conjunction with the evidence
gathered during the main investigation, were sufficient to allow the case file
to be archived, thereby upholding the conclusions of order 80/06 issued by
the public prosecutor at the Athens Court of First Instance (order
no. 14/3859/16-6-2014).