2
TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
5. The applicants are the brother and the parents of Mr Costas Tsalikidis,
who was found dead on 9 March 2005.
A. The death of Costas Tsalikidis and the initial investigation
conducted by the domestic authorities
6. Mr Tsalikidis was Network Planning Manager for V., a mobile phone
operator. On 9 March 2005 he was found dead in his apartment by his
mother (the second applicant). He was found hanged by a rope tied to pipes
above the bathroom door and a chair lay knocked over on the floor nearby.
A little later his brother, the first applicant, arrived at the scene and used a
knife to cut through the rope. He then placed his brother’s body on the bed
in his bedroom and took photographs of it.
7. The applicants called Kolonos Police Station and the police sergeant
in charge, acting as an interrogation officer, arrived at the scene to conduct
an on-site inspection. In his report he stated that there were no signs of
forced entry at any of the entrances to the residence, and no footprints or
other marks on the balcony. He also noted that there was no mess in the
residence nor were there any suspicious packets of drugs or other substances
in the apartment or in the refuse containers. He did not conduct a search for
fingerprints. No photos were taken of the place of death and no DNA test
was performed on the rope by which Mr Tsalikidis was hanged. There was
no suicide note.
8. The body was transferred to the morgue, where an autopsy was
performed on the body the next day by G.D.L., a coroner with the Forensic
Medical Service of Athens. On 20 April 2005 he wrote an autopsy report in
which he stated that there were no injuries to the body and that there were
signs of pulmonary oedema. The rope mark encircled the cervical spine with
a knot at the right of the occiput (κυκλικά φερόμενη με κόμπο στη δεξιά
ινιακή χώρα). The toxicology examination showed a small amount of
alcohol at 0.12%. The hyoid bone and larynx appeared normal. It was
concluded that the cause of death was hanging by a noose (απαγχονισμός
δια βρόγχου). No inspection of the place of death was performed by the
coroner and in his report neither the temperature nor the weight of the body
was recorded.
9. On 9 February 2006, following the public announcement concerning
the wiretapping case (see §§ 14 – 17 below) and while the investigation into
his brother’s death was still ongoing, the first applicant lodged a criminal
complaint with the public prosecutor’s office, asking for the scope of the
investigation to be expanded. He requested in particular that the authorities