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101. The Government submitted that they had no objection to the presentation of factual circumstances of the case, subject to certain clarifications. They claimed that the applicant's allegations that the police officers had ill-treated him with a view to obtaining his confession were unsubstantiated. Firstly, the confession contained the applicant's hand-written note that he had given it without any pressure on the part of the police. Secondly, according to the expert report of 18 September 2000, no injuries on the applicant's body had been recorded. Furthermore, at the time of the applicant's admission to remand centre SI-1/2 on 11 September 2000, the facility doctor had noted "acute chronic otitis" but had not recorded any abrasions. The Government claimed that the authorities had questioned the head of remand centre SI-1/2 and the forensic expert who had examined the applicant on 14 September 2000. The former had claimed that during his detention the applicant had only applied to the remand centre medical unit in connection with influenza and had received the relevant treatment. The latter confirmed that the applicant had not had any bodily injuries. The Government further submitted that, according to the statement by officer A.M., of remand centre SI-1/2 (see paragraph 86 above), the applicant had not had any injuries during his detention there. Moreover, the applicant and his lawyer had never appealed to a prosecutor or a court against the refusal to initiate a criminal investigation into their allegations. In any event, the domestic authorities had investigated the applicant's allegations during an inquiry and in the criminal proceedings against him and had dismissed them as unfounded. The Government invited the Court to reject the applicant's complaint as unfounded and also for failure to exhaust the domestic remedies.
2. The applicant
102. The applicant submitted that he had exhausted domestic remedies. In particular, he had complained about the ill-treatment, through his lawyer, to the district prosecutor's office and the Uchalinskiy District Court on 14 and 17 September 2000 respectively. Furthermore, courts at two instances had examined his allegations of ill-treatment in the criminal proceedings against him. He stressed that the trial court had questioned the police officers involved in the beatings, had examined the materials of the inquiry and forensic report No. 1060. Having assessed the evidence and the applicant's and his lawyer's submissions, it had dismissed the ill-treatment complaint as unfounded. Moreover, the appellate court found that "the agents of the preliminary investigation and the [trial] court [had] carefully looked into these arguments and justifiably rejected them as being without substance".
103. On the merits, the applicant claimed that the ill-treatment to which he had been subjected on 8 - 9 September 2000 had been designed to cause both physical injury and mental suffering, in violation of Article 3. He pointed out that the Government had not contested the summary of facts prepared by the Court's Registry on the basis of his original submissions and that they had merely asserted that his allegations were unsubstantiated and had not been corroborated by medical reports. The applicant maintained that he had not had any health-related complaints since he had come to Bashkortostan in 1997 or before his interrogation in September 2000, as was confirmed by a certificate from the local hospital. As a consequence of the beatings, he suffered from pain in the kidney area and collar bone, and deafness of the left ear. As he had been taken into police custody in good health, the State was required to provide a plausible explanation of how the injuries were caused, failing which a clear issue arose under Article 3. The applicant further submitted that the medical documents drawn up
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