ent investigative authority. The complainant must be notified of any decision taken. The refusal to open criminal proceedings is amenable to an appeal to a higher prosecutor or a court of general jurisdiction (Articles 144, 145 and 148).
40. Article 29 § 4 of the Code provides that if the trial of a criminal case reveals circumstances that facilitated the commission of an offence, or violations of citizens' rights and freedoms, the court may render a special ruling (частное определение) to draw the attention of appropriate organisations and officials to such circumstances or violations of the law, which require adequate measures to be taken.
C. Confession as a basis for conviction
41. Article 77 of the RSFSR Code of Criminal Procedure provided that a conviction cannot rest solely on the admission of the accused.
THE LAW
I. Alleged violation of Article 3 of the Convention
42. The applicant complained that after his arrest he had been subjected to treatment incompatible with Article 3 of the Convention and that the authorities had not carried out an effective investigation of that incident. The Court will examine this complaint from the standpoint of the State's negative and positive obligations flowing from Article 3, which reads as follows:
"No one shall be subjected to torture or to inhuman or degrading treatment or punishment."
A. Submissions by the parties
1. The Government
43. The Government submitted at the outset that this part of the application had to be rejected for non-exhaustion of domestic remedies, as the civil proceedings on the applicant's tort claim were pending.
44. The Government further denied that Article 3 of the Convention had been violated in the present case and that the police officers had subjected the applicant to inhuman and degrading treatment. They referred to the results of the forensic expert examination of 15 October 2001, according to which the injuries complained of could not have been inflicted on 10 May 2001. With respect to the cause of the applicant's injuries the Government argued that the applicant had fallen down several times whilst escaping the crime scene.
45. Finally, the Government stressed that the applicant's allegations of ill-treatment had been thoroughly examined by the prosecution authorities and domestic courts. Following confrontation between the applicant and police officers, questioning of the police officers and the lawyer who was present during the applicant's interrogation on 10 May 2001, and on the basis of the forensic medical examinations, the applicant's allegations were found to be unsubstantiated.
2. The applicant
46. The applicant firstly disputed the Government's assertion that his injuries could have been sustained due to several falls from his own height. He noted that such an explanation had been explicitly rejected by the forensic expert examination of 22 October 2002, conducted by five highly proficient experts. The applicant found peculiar that the Government in their submissions referred to the earlier examination of 15 October 2001 conducted by one expert.
47. He further argued that examinations of his complaints had been superficial, and that notwithstanding the experts' conclusion of 22 October 2002 that the injuries could have been sustained on 10 May 2001, the criminal proceedings had been instituted only in June 2007. Such a significant lapse of time rendered the investigation ineffective.
B. The Court's assessment
1. Admissibility
48. The Court reiterates that the rule of exhaustion of domestic remedies referred to in Article 35 § 1 of the Convention obliges applicants to use firs
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