aspect of the complaint in question. It amounts also to a strong corroboration of the same complaint in its substantive aspects, as there is a serious risk that a deficient investigation covered up guilty behaviour by the members of the special unit.
18. As Judge Loucaides rightly pointed out in his dissenting opinion in the case of Petropoulou-Tsakiris v. Greece (No. 44803/04, 6 December 2007), the majority's approach may encourage the authorities to use unacceptable methods of investigation into facts amounting to ill-treatment in respect of individuals such as the applicant or other persons who do not have eyewitnesses to corroborate their complaints of ill-treatment. This is particularly true with regard to violence within the closed prison environment. Or, as Judge Bonello put it in his partly dissenting opinion in the case of {Veznedaroglu} v. Turkey, "[the applicant] has been penalised for not coming up with evidence that the Convention obliges the State to procure" (see paragraph 19 of the Opinion).
19. In the case of Ireland v. the United Kingdom (18 January 1978, Series A No. 25), the Court stated that it:
"adopts the standard of proof beyond reasonable doubt but adds that such proof may follow from the co-existence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact. In this context the conduct of the parties when evidence is being obtained has to be taken into account (emphasis added)" <*>
--------------------------------
<*> See also the partly dissenting opinion of Judge Loucaides, joined by myself, in the case of Zubayrayev v. Russia (No. 67797/01, 10 January 2008).
20. To sum up, and in the light of the above, I believe that the applicant's version of events is true and I am satisfied that there has been a violation of Article 3 in its substantive aspect.
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