TSALIKIDIS AND OTHERS v. GREECE - 73974/14 (Judgment : Violation of Right to life - Effective investigation) (Procedural aspect)) [2017] ECHR 1010 (16 November 2017)

TSALIKIDIS AND OTHERS v. GREECE - 73974/14 (Judgment : Violation of Right to life - Effective investigation) (Procedural aspect)) [2017] ECHR 1010 (16 November 2017)

The Court found the supplementary investigation (2012-2014) did not meet the requirements of effectiveness under Article 2 ECHR. Authorities failed to take all reasonable steps to clarify the circumstances of Mr Tsalikidis' death, including not pursuing key forensic and investigative measures despite new evidence. The applicants' complaints regarding the initial investigation were inadmissible due to the six-month rule, but the supplementary investigation was within time and admissible.

Citation
[2017] ECHR 1010
Parties
Applicants: Tsalikidis and Others; Respondent: Hellenic Republic
Jurisdiction
European Union
Judgment Date
16 November 2017
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Article 2 ECHR (procedural limb)
Legal Topics
Right to Life, Effective Investigation, State Liability
Human Rights Law Criminal Procedure Right to Life Effective Investigation State Liability

Case Brief

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Parties

Tsalikidis and Others

Applicants

Hellenic Republic

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether Greek authorities conducted an effective investigation into the death of Mr Costas Tsalikidis under Article 2 ECHR

Ratio Decidendi

The Court found the supplementary investigation (2012-2014) did not meet the requirements of effectiveness under Article 2 ECHR. Authorities failed to take all reasonable steps to clarify the circumstances of Mr Tsalikidis' death, including not pursuing key forensic and investigative measures despite new evidence. The applicants' complaints regarding the initial investigation were inadmissible due to the six-month rule, but the supplementary investigation was within time and admissible.

Court Disposition

Violation of Article 2 ECHR (procedural limb)

Orders

  • Greek authorities to pay compensation to applicants
  • Greek authorities to conduct an effective investigation if new evidence emerges