TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
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examine the possible connection between his brother’s death and the
wiretapping case and investigate crimes that might possibly have been
committed against him, such as homicide or extortion. He also requested the
exhumation of his brother’s body in order to search for specific poisons and
other signs of homicide and declared his wish to join the proceedings as a
civil party.
10. Various witness testimonies were taken from colleagues, friends and
family members of the deceased. In her testimonies dated 12 and 17 March
2005 and 7 February 2006, his fiancée stated that she had spoken twice with
him on the phone the night preceding his death without noticing anything
particular. She expressed the view that he could not possibly have
committed suicide, citing the fact that two days before he had asked her to
book rooms for an excursion they were planning to make two weeks later
and that he had expressed concerns about his mother’s health. Lastly, she
stated that about a month before his death he had confided to her that “it
was a matter of life and death for him to leave his job with V.” and that “V.
was facing a serious problem that threatened its very existence”.
11. From the testimonies of his colleagues and his fiancée it was evident
that Mr Tsalikidis was sociable and had been well-respected in his work
environment. Even though he had been under a lot of pressure at work, his
colleagues expressed doubts as to whether stress could have driven him to
suicide. He had expressed a wish to quit his job about a month before his
death but had later changed his mind after a few days’ leave. On the night of
his death he had sent a work-related email to his colleagues at around
4.30 a.m. The content of the email was unremarkable. It was also alleged
that on 7 March 2005 there had been a tense meeting at work in which he,
amongst others, had been reprimanded by his superiors. His colleagues also
testified that he had been responsible for holding monthly meetings with
company E., one of V.’s providers, at which they discussed new versions of
software and other technical issues.
12. Testimony was also taken from coroner F.K., the head of the
Forensic Science Service of Athens University. In his statement dated
9 March 2006, he attempted to explain the lack of typical signs of hanging –
such as injuries caused by body spasms or cyanosis of the face – by
attributing the death to cardiac arrest caused by simultaneous pressure to the
two carotid arteries. He also mentioned that the rope mark on the deceased
man’s neck had been typical in cases of hanging; it had been obliquely
directed (λοξά φερόμενη) and the knot had been an “ordinary, everyday
knot”. In his view, a possible exhumation and/or toxicology test would be of
no added value.
13. In the light of the foregoing testimonies and having taken all
evidence into account, on 20 June 2006 the public prosecutor at the Athens
Court of First Instance issued order no. 80/20-6-06 archiving the case,
having concluded that there were no indications of any criminal acts