The copy of the prosecutorial file supplied to me does not contain the underlying medical and investigative documentation necessary for me to independently verify several of the factual findings relied upon when the case was archived. This raises serious questions as to what evidence was obtained, what evidence was actually examined by the prosecutor, and whether the investigation was sufficiently complete before the decision was made to archive the matter.
Email from the Lawyers We Engaged to Obtain the Missing Documentation
Dear Mrs Marina and Mr George,
We would like to update you on the actions taken so far under the powers of attorney you have granted us.
Based on your authorization, we have contacted the relevant public authorities and institutions in an effort to locate and obtain additional documentation beyond the materials you have already received from the Public Prosecutor’s Office of Polygyros.
Please note that we have carefully reviewed the documents already provided by you. From the case file, it appears that there is a death registry record (death registration certificate), which is the standard and customary official document issued in cases of death. No separate or additional “death certificate” is ordinarily issued beyond this record.
On the basis of this document, we approached the competent public authorities and requested further certificates and records, specifically:
* Certificate of Next of Kin of the deceased;
* Certificate regarding publication of the disputed will;
These requests were made in order to determine whether the will was lawfully published, whether there are other closer relatives, and generally to obtain a more complete picture of the inheritance and succession issues involved.
The authorities informed us that, because the deceased’s only closest relative at the time of death was the surviving spouse (as the deceased had no children), they consider that you do not currently have the required legal interest for access to additional records of this nature.
Further, regarding the Certificate of Next of Kin, the Municipality of Nea Propontida, Chalkidiki informed us that they are unable to issue such a certificate due to incomplete records relating to the deceased’s family registration.
At present, the available procedural route for obtaining access to additional records is the filing of an application before the competent Public Prosecutor requesting authorization for access to the documents referenced above. As we had proposed from the outset, this could be pursued in conjunction with filing a criminal complaint, in order to establish the necessary legal interest to support such access.
We remain available to discuss the next procedural steps should you wish to proceed accordingly.
Kind regards,
Eirini Nikolaidi
Lawyer LLM – Mediator
tel: 0030 6947444996
Athens office: 61 Alexandras Avenue, 6th floor, Athens, GR – 114 74
www.justiceforandreaskambas.com 