The family of National Guardsman Thanasis Nicolaou plans to file two separate private criminal prosecutions in November over his murder and alleged negligence by state officials and others, sources close to the case told Phileleftheros.
The family wishes to have charges and other issues examined by specialist experts in Athens who were involved in the case, particularly regarding the actions of coroner Panikos Stavrianos during the examination and autopsy, according to sources familiar with the matter.
Though the two criminal cases are prepared, the family’s lawyers Savvas Matsas and Nikos Clerides are awaiting the positions of experts from Athens before filing, Phileleftheros has learned.
The first private prosecution will target four individuals: the coroner and three former police officers who served in key positions at the time Thanasis was found dead and were responsible for handling the case.
The second private prosecution will focus on military personnel, either targeting two officers or including individuals who were conscripts at the time, regarding alleged bullying of the then 26-year-old guardsman.
The family had initially wanted the Legal Service to prosecute based on findings from criminal investigators Pappas and Athanasiou.
However, Deputy Attorney General Savvas Angelides informed the family’s lawyer Nikos Clerides that deliberate dereliction of duty could not be substantiated, as there was insufficient evidence proving any omissions by Stavrianos or others were intentional.
Under legislation, private prosecutions can be filed for offences carrying imprisonment up to one year.
The lawyers aim to find ways to initiate private proceedings for offences carrying up to three-year sentences, with the charges expected to be misdemeanours that carry prison terms of up to three years.
Meanwhile, the affected former police officers and coroner Panikos Stavrianos reject allegations of dereliction of duty and are preparing legal responses should private prosecutions proceed.
The case has been ongoing for 20 years. Death investigator Doria Varoshiotou had determined in her findings that Thanasis’s death was due to criminal action by strangulation.
The coroner objected that he was not permitted to testify during the death inquiry, with the Supreme Court plenary finding legal errors in the investigation without overturning the findings.
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