TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
7
(3) there was no accumulation of blood in the lower extremities – this absence argues
against hanging altogether; (4) the furrow around the neck is in a position more often
seen in strangulation than suicide; (5) none of the normal scratch marks normally seen
outside of the neck when individuals hang themselves were evident. Nor, according to
the autopsy pathologist, there none of the soft tissue injuries that are normally
expected in hanging. Two other issues are of concern: (1) was the deceased able to tie
the complex knot used to support him, and (2) it appears that complete toxicology
testing (was not) performed and that is a very serious omission. There are many
poisons that are not detected by routine tests – they are only identified if they are
specifically sought. In the absence to these questions, the possibility of murder must
be strongly considered. The most likely scenario, based on the evidence at hand, is
that the deceased was sedated/poisoned and hung after death.”
20. The second evidence adduced by the applicants was an undated
report produced at the applicants’ request by Coroner Th.V. His report was
prepared on the basis of the documents in the criminal case file.
21. Coroner Th.V. emphasised that any assessment of a forensic report
should be done with great caution; nevertheless, he stressed that in the
initial autopsy there had been serious omissions. He identified in particular
the lack of reference to the existence or not of haemorrhagic infiltration
where the rope was positioned, as well as the precise position of the rope
with reference to the neck (obliquely or vertically directed). He further
criticised the failure to search for injuries to the inner part of carotid arteries
which could have shown whether Mr Tsalikidis had been hanged or
strangled.
22. Coroner Th. V. included in his report a number of elements of
evidence which precluded certain conclusions as to the cause of death. In
particular, he stressed the absence of signs usually found in cases of
hanging, that is to say cyanosis of the face, oedema of the face, and
projection of the tongue, all of which were not present in this case. He
furthermore described as strange, taking account of the place where the
body was hanging, the complete absence of any injuries resulting from the
usual body spasms, causing it to crash against nearby furniture and walls.
23. In respect of the written statement given by F.K., who attempted to
explain the lack of typical signs of hanging by attributing Mr Tsalikidis’
death to cardiac arrest, coroner Th. V. stated that such manner of death was
not very probable as it usually occurs in cases of pressure applied to the
neck with the hands. In any event, this cause of death is still much debated
in the medical community.
24. Lastly, coroner Th.V. mentioned that a large number of poisons
cannot be detected through routine examination. He opined that if
exhumation of the body were to be ordered, then toxic substances could
possibly be found as they can be detected even years later. A fresh
examination of the place of death could also prove useful as long as the
place was still intact. In any event, coroner Th. V. considered that the
available evidence was not sufficient to allow it to be established whether
Mr Tsalikidis’ death had been the result of suicide or homicide.