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The standard, which the Court finds a violation of Article 3, the evidence may flow sufficiently strong, clear and unambiguous indications of co-existence or a similar presumption gaukartsqlebeli
1-When the national authorities responsible for torture, inhuman treatment or investigating suspected cases, the burden of proof in general will depend on what field - samartlebrivsa criminal or civil - under investigation.
However, there are aspects of the burden of proof, which the national authorities should use the time to conduct an investigation to make their actions in accordance with the requirements of Article 3. For example, the Court has made it clear that when a person is taken into police custody in good health, but he suffered injuries on release, the burden of proof lies on the authorities to provide a plausible explanation of the origin of the injuries .
2-The context of the above require that the investigating authorities should also initiate an investigation into the case on the grounds that, if the victim is a prima facie evidence of the fact that the release of the moment it has taken damage, despite the fact that the detention of recruitment is completely healthy, the burden of proof, in what way the injuries had been imposed on the imprisonment of the implementing authorities.
As well as Article 2 of the investigations conducted, torture and inhuman treatment in connection with the investigation has led to the identification and punishment of the offense should be its fundamental importance, would be ineffective in practice and in some cases might be possible in a state of virtual impunity for officials to violate the rights of persons who are under their control.
The investigation should be thorough and effective, in order to meet the requirements of overseeing the investigation of vigilance must pay heed to the investigation of the violations committed, the existence of which the Commission and the Court found in other legal systems. Those who closely follow the investigation, to ensure that
Prosecutors or investigators do not ignore or resist the security forces or police officers questioning or testimony by depriving them of improper conduct in connection with the allegation.
Prosecutors or investigators to take immediate steps to verify documentary materials which may expose the truth of ill-treatment or other parties, for example, the prison magazine, or to obtain any incompatibility, inconsistency or flaw of the police or security forces in the report.
Prosecutors to take action independent effect has been produced evidence, including forensic evidence to find purpose, which will be related to the alleged torture of the application. In the case of Aydin v. Turkey, in spite of the complaints submitted by the applicant, according to which she was raped while in detention, the prosecutor requested the relevant medical examination and sent a virginity test, instead, to obtain evidence of a violent sexual relations.
Prosecutors delaying the evidence or the testimony of witnesses or the applicants to obtain.
Prosecutors quick to respond to the ill-treatment of visible signs of ill-treatment or complaints there. In Aksoy v.Turkey, despite the fact that the prosecutor should be noticing a lot of damage, which the applicant has suffered, he has any response. A similar situation developed and Tekin- Akkoç-'s affairs.
Prosecutors conduct the investigation actively and strongly against the offenders, who are government officials. In some cases the torture of criminal prosecution instead, prosecutors elected to pursue the investigation of improper conduct in connection with the apparent mskhverp Lee. For example, in the case of Ilhan v. Turkey, which required the applicant was injured during the arrest, the charges against him were investigated for the fact that it did not comply with the security forces issued an order to stop, while no action was taken against the security forces, who were brutally treated.
Prosecutors do not have to implement different or limited approach to law enforcement or security forces against the employees, their offense in connection with the claims presented to ignore or dismiss. In particular, prosecutors should not be considered that the state agencies are right for any sign of ill-treatment and legal action is the result of, or caused by the applicant's own behavior. Often occurs when it comes to torture complaint .
3 Other areas in which the need for investigation of the standards investigation, shall be placed at a high level in the field of medical and forensic medical examination. For reliable performance in medical history could be the deciding factor between the two opposite testimony, it is important that the evidence not only affordable, but also be independent and proper. The court recently ruled the existence of the problems relating to the Article 3 of the procedural rights in cases in which there has been:
Inadequate forensic medical examinations of prisoners, including the examination, which was conducted by appropriately qualified medical workers;
4 Short, aradetaluri medical history and use of the data, which do not include a description of the applicant's claims with respect to any other conclusion;
Police officials openly transfer of medical history;
Deceased persons, inadequate forensic medical examination, including a medical history, which did not include a proper description of the damages;
Signs of photographs of the body and their argadaghebas sheumotsmeblad leave or insufficient expertise in the examination by a physician.
It is also important that any legal obstacles faced prosecutors have the authority to investigate crimes committed by some representatives of the state authorities, such as the prosecutor's independence, which refers to the decision to conduct an investigation into the torture of the perpetrators.
The second problematic aspect of the investigation may be the applicant or by the alleged victim's relative lack of access to remedies, including proceedings related to information or investigation results in failure; And lack of information or delay in providing information to a person involved in the incident relatives.
All the above-mentioned defects can only exacerbate the existing offenses, if there is a widespread violations .5 explained below, this is what iguliskhmoba.
