TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
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77. Nevertheless, and despite the lack of sufficient evidence to
demonstrate unequivocally the alleged deficiencies in the initial
investigation, the public prosecutor had granted the applicants’ request for a
reopening of the proceedings – a fact indicative of the domestic authorities’
diligence in examining the case – and had ordered the exhumation of
Mr Tsalikidis’ body. However, the exhumation did not reveal evidence
corroborating the applicants’ theory that he had not committed suicide, as
no traces of poison or drugs were discovered in his body.
78. In respect of the hyoid bone, the Government argued that no safe
conclusion could be drawn as to whether it had been broken ante-mortem or
post-mortem during the exhumation. In the initial autopsy report coroner
G.D.L. had stated that the hyoid bone had been intact, which was an
indication that the bone could have been broken during the exhumation
process. The fact that only the hyoid bone had been reported as broken
following the exhumation could easily be explained by the fact that
exhumation had been focused on only a few parts of the deceased’s body. In
any event, even if the hyoid bone had been broken ante-mortem, the
applicants had not mentioned whether this phenomenon, whilst typical of
strangulation, was also to be found in cases of hanging. Concerning the
coroners’ conclusion that the cause of death remained unclarified, the
Government submitted that it would have been arbitrary to draw any other
conclusion, given the time that had elapsed, and that the coroners’ task had
in any event not been to establish the cause of death.
79. As to the specific investigative measures that the applicants insisted
should have been taken, the Government submitted that there had been no
need to request assistance from laboratories abroad as Greek laboratories
were fully equipped. As regards forensic examinations of the place of death
and of the rope, they would not have been appropriate as the applicants had
intervened at the place of death and had cut the rope from which the body
had been hanging. They had therefore tampered with the evidence, whose
value had hence become negligible. As regards minutes of the meeting
allegedly held in phone operator V.’s premises the previous day, the
Government argued that there was no evidence that such a meeting had in
fact taken place or that minutes had been taken. In any event, such minutes
could not have added anything to the investigative measures that had
already been taken. Even if a causal link existed between the wiretapping
affair and Mr Tsalikidis’ death, that did not mean that the investigation had
been ineffective.
80. The Government also argued that a third coroner’s report was
unnecessary because the conclusions drawn by coroners G.D.L. and F.K.
during the initial investigation had not been contradictory, as the applicants
erroneously maintained, but rather complementary. In particular, coroner
G.D.L. had concluded that the rope had encircled Mr Tsalikidis’ neck with a
knot at the right of the occiput and coroner F.K. had made the observation