ust domestic remedies, as it was premature. Furthermore, in their opinion, the use of force on 1 August 2002 had been lawful and proportionate since the applicant had refused to comply with the warders' orders.
51. The applicant maintained his complaints. Referring to the results of the forensic medical examination of 30 November 2005 (see paragraph 34 above), he considered that there was sufficient evidence to support his claim that he had sustained injuries.
B. The Court's assessment
1. Admissibility
52. The Court notes that the Government's objection on the grounds of non-exhaustion of domestic remedies is closely linked to the applicant's complaint under Article 3 of the Convention about the alleged ineffectiveness of the investigation. In these circumstances, it considers that the objection should be joined to the merits of the applicant's complaint.
53. The Court further notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and that it is not inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
(a) Alleged ill-treatment
54. The Court reiterates that to fall under Article 3 of the Convention ill-treatment must attain a minimum level of severity. The standard of proof relied upon by the Court is that "beyond reasonable doubt" (see {Avsar} v. Turkey, No. 25657/94, § 282, ECHR 2001-VII (extracts)). Such proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact. The Court must apply a particularly thorough scrutiny where the applicant raises an arguable ill-treatment complaint (see, mutatis mutandis, Ribitsch v. Austria, judgment of 4 December 1995, Series A No. 336, § 32, and {Avsar} v. Turkey, cited above, § 283). However, it must also be sensitive to the subsidiary nature of its role and be cautious in taking on the role of a first-instance tribunal of fact, where this is not rendered unavoidable by the circumstances of the case.
55. Turning to the facts of the present application the Court notes a discrepancy between the applicant's and the authorities' descriptions of the events surrounding the use of force and the degree of coercion. While the authorities insisted that warders had only gripped the applicant's hands, the applicant stated that as a result of the coercion he had suffered broken ribs and injured a kidney.
56. The Court observes that five warders made statements justifying their actions by the applicant's failure to obey their lawful orders, despite being warned that his unruly behaviour and resistance would give rise to the use of force. They stated that they had merely held the applicant's arm in an arm-lock behind his back and had not inflicted any injuries. Furthermore, the doctor who examined the applicant on 1 August 2002 immediately after the events at issue did not find any signs of ill-treatment while the photofluorogram of 16 October 2002 did not reveal any pathological changes.
57. For its part, the applicant's version of events has not been backed up by persuasive evidence or reliable witness testimonies. Going beyond the domestic authorities' findings of fact and applying a particularly thorough scrutiny (see, among other authorities, Talat Tepe v. Turkey, No. 31247/96, § 49, 21 December 2004), the Court itself is unable, in view of the deficient information in its possession, to establish beyond reasonable doubt that the applicant was the victim of a beating or that special means were used against him (see, mutatis mutandis, Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, § 174, 24 February 2005, Danelia v. Georgia, No. 68622/01, §§ 42 and 43, 17 October 2006 and Petropoulou-Tsakiris v. Gree
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