not been made strictly necessary by his own conduct diminishes human dignity and is in principle an infringement of the right set forth in Article 3 of the Convention (see Sheydayev v. Russia, No. 65859/01, § 59, 7 December 2006; Ribitsch v. Austria, judgment of 4 December 1995, Series A No. 336, § 38; and Krastanov v. Bulgaria, No. 50222/99, § 53, 30 September 2004).
(b) Application of the above principles in the present case
i. Establishment of facts
41. The Court reiterates that allegations of ill-treatment must be supported by appropriate evidence. In assessing evidence, the Court has generally applied the standard of proof "beyond reasonable doubt" (see Ireland v. the United Kingdom, judgment of 18 January 1978, Series A No. 25, pp. 64 - 65, § 161). However, such proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact. Where the events in issue lie wholly, or in large part, within the exclusive knowledge of the authorities, as in the case of persons within their control in custody, strong presumptions of fact will arise in respect of injuries occurring during such detention. Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see Salman v. Turkey [GC], No. 21986/93, § 100, ECHR 2000-VII).
42. Where domestic proceedings have taken place, it is not the Court's task to substitute its own assessment of the facts for that of the domestic courts and, as a general rule, it is for those courts to assess the evidence before them (see Klaas v. Germany, judgment of 22 September 1993, Series A No. 269, p. 17, § 29). Although the Court is not bound by the findings of domestic courts, in normal circumstances it requires cogent elements to lead it to depart from the findings of fact reached by those courts (see Matko v. Slovenia, No. 43393/98, § 100, 2 November 2006). Where allegations are made under Article 3 of the Convention, however, the Court must apply a particularly thorough scrutiny (see, mutatis mutandis, Ribitsch, cited above, p. 24, § 32).
43. In the present case it was not disputed by the parties and the Court finds it established that on 7 August 2001 the applicant was arrested and brought to the Oktyabrskiy District police station. On the following day he was admitted to the temporary detention facility of the police station where he was detained throughout the criminal proceedings against him. The Court notes with regret that the applicant was not medically examined immediately after his arrest on 7 August 2001. There is also no evidence, and the Government did not argue to the contrary, that a prison doctor examined the applicant before his admission to the temporary detention facility on 8 August 2001. At the same time the Court reiterates the Government's submission that on his admission to the detention facility the applicant made an entry in the facility registration log that on 8 August 2001 in the Oktyabrskiy District police station he had inflicted a slash wound on his own left forearm and a bruise on the left side of his body (see paragraph 12 above). Without prejudice to the examination of the question of the cause and severity of the injuries which will be carried out below in the context of compliance with Article 3 of the Convention, the Court thus finds it established that on the day after his arrest the applicant had a slash wound to his left forearm and a bruise to the left side of his body. On 9 August 2001 the applicant was examined by a medical expert who recorded bruises on the left side of the lumbar region, abrasions on the right shoulder-blade and the right side of the head (see paragraph 14 above). On 12 August 2001 emergency doctors were called to the applicant in view of his complaints of severe pain in the chest and back. The applicant was transferred to the hospital where he wa
> 1 2 3 ... 7 8 9 ... 13 14 15