The Prosecutor of the Supreme Court, Konstantinos Tzavellas, stated that no clear request for the exhumation of Tempi victims’ bodies for identification purposes is contained in the extrajudicial notice sent by Panos Routsis and Maria Karystianou. He clarified that if such a request is submitted, it will be examined and addressed immediately. At the same time, Supreme Court spokesperson Panagiotis Lymberopoulos emphasized that the Supreme Court is not competent to decide on exhumation requests; this falls solely under the jurisdiction of the President of the Appeals Court. He also warned of the risk of the statute of limitations for misdemeanors related to the Tempi case.

Specifically, Mr. Tzavellas referred to the extrajudicial notice received from the victims’ parents, which has been forwarded to the Prosecutor of Appeals and the President of the Larissa Appeals Court, the competent authorities at this stage of the proceedings.

“No clear exhumation request for the identification of victims’ bodies is contained in the above extrajudicial statement. Should such a request be submitted, or it is deemed to be included, it will be examined and addressed immediately,” he clarified.

Full statement from the Supreme Court Prosecutor:

On September 16, 2025, an “extrajudicial statement – complaint and invitation to satisfy a request” was submitted to the Supreme Court Prosecutor’s Office by parties (parents of victims participating in the prosecution) in the “Tempi case,” requesting further investigative actions, specifically an exhumation “to reveal the truth regarding the identification of the chemical composition of the unknown fuel. This exhumation should be conducted with the appointment of Greek and foreign expert laboratories and with the participation of Technical Advisors.”

This request was forwarded to the competent judicial authorities (Prosecutor of Appeals and President of the Appeals Court of Larissa, and the competent court if the case proceeds to trial). During the main investigation, similar requests had already been submitted and examined by the competent investigator and the Appeals Council.

No clear exhumation request for the identification of victims’ bodies is contained in the above extrajudicial notice. If such a request is submitted, or it is deemed to be included, it will be examined and addressed immediately.

Supreme Court Prosecutor
Konstantinos V. Tzavellas

Supreme Court: Only the President of the Appeals Court is competent for exhumation requests

Additionally, Supreme Court spokesperson Panagiotis Lymberopoulos stated that the Supreme Court is not competent to decide on the exhumation request, referring it to the President of the Appeals Court. He warned of the risk of statute of limitations for misdemeanors in the case:

“In view of the prolonged time required for trial, there is an immediate risk of the statute of limitations applying to all possible misdemeanor charges,” he noted.

The spokesperson emphasized that the aim is to bring the responsible parties before the court and left a warning for those attempting to “discredit or nullify” the work of the judiciary to delay the trial.

“It is legally and substantively certain that no party loses any rights, as some falsely claim. During the trial, requests submitted during the investigation, whether previously rejected or newly made, can be considered. Matters not handled by the investigator fall under the court’s competence.”

Detailed Supreme Court statement

Recently, parents of the Tempi victims requested that the Supreme Court take a position regarding their exhumation requests and take action in this direction.

The Supreme Court, as the highest civil and criminal court, exercises oversight over all courts and their clerks, providing general guidance for the proper functioning of the judiciary and strict application of the law. The Supreme Court cannot intervene in judicial decision-making, nor can it order actions by judges at any procedural stage. This is mandated by Article 87 of the Constitution, which ensures the independence of judges, subject only to the Constitution and laws.

Judicial independence also applies in relation to other branches of government, which are explicitly prohibited from interference.

In a criminal case, the competent authority for procedural or substantive decisions is exclusively the judge, judicial council, or trial court.

Thus, regarding exhumation requests in the Tempi case, submitted after the prosecutor’s recommendation to send the accused to trial, only the President of the Appeals Court is competent, according to Article 309 of the Criminal Procedure Code. The President may approve trial referral, refer the case back to the judicial council, or return the file to the investigator for additional investigative actions. For cases activating Article 86 of the Constitution, the competent authorities are the investigating judge and the Special Court’s judicial council.

The Supreme Court urges victims’ families and the public to support the judiciary in investigating responsibilities in the February 28, 2023 tragedy, ensuring that those responsible are held accountable in court—the sole constitutionally empowered authority for justice.

It is emphasized that the investigation is conducted within the Constitution and laws, respecting both victims and defendants. The prolonged trial timeline increases the risk of statute-of-limitations expiration for potential misdemeanor charges.

Finally, the personal and functional independence of judges and prosecutors is not just a matter of personal commitment but a responsibility for all citizens.

Supreme Court spokesperson
Panagiotis Lymberopoulos
Judge of the Supreme Court