TSALIKIDIS AND OTHERS v. GREECE JUDGMENT 33 B. Merits 116. The applicants claimed that they had had no effective remedy concerning their complaints under Article 2 about the ineffectiveness of the investigation conducted by the domestic authorities. In this respect, they argued that filing a criminal complaint under Article 46 of the Code of Criminal Procedure and lodging an appeal against its possible rejection with the public prosecutor at the Court of Appeal had not constituted effective remedies which could have provided redress in respect of a violation under the procedural limb of Article 2. In fact, they had been part of the procedure during which the violation of their rights had taken place. Additionally, relying on the Court’s judgment in Yotova (cited above) and on various other cases against Greece, they claimed that an action for damages under Article 105 of the Introductory Law to the Civil Code would not have been an effective remedy. On the one hand, they had already expressed their wish to join the proceedings as civil parties, producing an effect similar to that of submitting an application for damages and, on the other hand, such an action would have had very little prospect of success. 117. The Government submitted that the applicants had had at their disposal two effective remedies, which could have been used either cumulatively or separately. Firstly, the applicants should have filed a criminal complaint pursuant to Article 46 of the Code of Criminal procedure. This would have given them the opportunity to put forward their arguments and, if their complaint had been rejected, they could have challenged the public prosecutor’s conclusions by lodging an appeal with the public prosecutor at the Court of Appeal. In the Government’s view, the effectiveness of this remedy had been proven by the fact that the first applicant had used it during the initial investigation, irrespective of the unfavourable outcome for him. Secondly, the Government argued that the applicants should have submitted an application for damages under Article 105 of the Introductory Law to the Civil Code. In this respect, they cited decision 1501/2014 of the Supreme Administrative Court by which it was held that an application for damages could be submitted even when the damage in question had been caused by a manifest error of judgment on the part of the judicial organs. 118. The Court observes that in the present case the essence of the applicants’ complaint concerns the absence of a remedy in relation to their complaint about the non-effectiveness of the supplementary investigation conducted into their relative’s death. In view of the parties’ submissions of the applicant in the present case and of the grounds on which it has found a violation of Article 2 in relation to its procedural aspect, the Court considers that no separate issue arises under Article 13 of the Convention (see Nachova and Others v. Bulgaria [GC], cited above, §§ 120-123, and Makaratzis v. Greece [GC], no. 50385/99, §§ 84-86, ECHR 2004-XI).

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