TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
15
applications lodged by relatives of deceased persons were considered
admissible, the applicants claimed that they were indirect victims and that
the Government’s objection should be rejected. In any event, the second and
third applicants had actively participated in the preliminary investigation by
submitting the application for the reopening of the case and by joining the
proceedings as civil parties.
2. The Court’s assessment
47. The Court notes at the outset that in the letter sent out by the
Registry on 5 January 2015, the applicants’ legal representative was
informed only that a file had been opened and that he would be informed of
any decision taken by the Court. At that stage it could only be said that the
application had not been rejected on administrative grounds for failing to
comply with the requirements set out in Rule 47 of the Rules of Court,
which is not the same as confirming the admissibility of an application
governed by Article 35 of the Convention which has not yet been examined
by the Court (see Podeschi v. San Marino, no. 66357/14, § 88, 13 April
2017).
48. As regards the parties’ submissions, the Court notes that the
Government’s objections can be separated in two parts: on the one hand,
they have raised a number of objections in respect of the complaints
concerning the initial criminal investigation, namely that they were filed
outside the time-limit and that the second and third applicants had failed to
exhaust the domestic legal remedies because they had not filed a criminal
complaint. On the other hand, the Government raised some objections
concerning the application as a whole, namely that the complaints were
substantially the same as the ones raised in application no. 13207/07, that all
the applicants had failed to exhaust the domestic legal remedies due to the
fact that they had not submitted an application for damages under
Article 105 of the Introductory Law to the Civil Code and also that the
second and third applicants lacked victim status.
(a) Failure to comply with the six-month rule under Article 35 § 1 of the
Convention
49. The Court reiterates that Article 35 § 1 of the Convention provides
that it may only deal with a complaint which has been introduced within six
months of the date of the final decision delivered in the course of exhausting
the domestic remedies. The purpose of the six-month rule under
Article 35 § 1 of the Convention is to promote legal certainty and to ensure
that cases raising issues under the Convention are dealt with within a
reasonable time (see Opuz v. Turkey, no. 33401/02, § 110, ECHR 2009). It
prevents the authorities and other persons concerned from being in a state of
uncertainty for a prolonged period of time. Finally, it ensures that, in so far
as possible, matters are examined while they are still fresh, before the