50 GIULIANI AND GAGGIO v. ITALY JUDGMENT 22 September 1993, § 29, Series A no. 269). Though the Court is not bound by the findings of domestic courts and remains free to make its own appreciation in the light of all the material before it, in normal circumstances it requires cogent elements to lead it to depart from the findings of fact reached by the domestic courts (see Avşar, cited above, § 283, and Barbu Anghelescu v. Romania, no. 46430/99, § 52, 5 October 2004). 181. To assess the factual evidence, the Court adopts the standard of proof “beyond reasonable doubt”, but adds that such proof may follow from the coexistence 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 may also be taken into account (see Ireland v. the United Kingdom, 18 January 1978, § 161, Series A no. 25, and Orhan v. Turkey, no. 25656/94, § 264, 18 June 2002). Moreover, the level of persuasion necessary for reaching a particular conclusion and, in this connection, the distribution of the burden of proof are intrinsically linked to the specificity of the facts, the nature of the allegation made and the Convention right at stake. The Court is also attentive to the seriousness that attaches to a ruling that a Contracting State has violated fundamental rights (see Ribitsch v. Austria, 4 December 1995, § 32, Series A no. 336; Ilaşcu and Others v. Moldova and Russia [GC], no. 48787/99, § 26, ECHR 2004-VII; Nachova and Others v. Bulgaria [GC], nos. 43577/98 and 43579/98, § 147, ECHR 2005-VII; and Solomou and Others, cited above, § 66). 182. The Court must be especially vigilant in cases where violations of Articles 2 and 3 of the Convention are alleged (see, mutatis mutandis, Ribitsch, cited above, § 32). When there have been criminal proceedings in the domestic courts concerning such allegations, it must be borne in mind that criminal law liability is distinct from the State's responsibility under the Convention. The Court's competence is confined to the latter. Responsibility under the Convention is based on its own provisions which are to be interpreted in the light of the object and purpose of the Convention, taking into account any relevant rules or principles of international law. The responsibility of a State under the Convention, arising for the acts of its organs, agents and servants, is not to be confused with the domestic legal issues of individual criminal responsibility under examination in the national criminal courts. The Court is not concerned with reaching any findings as to guilt or innocence in that sense (see Tanlı v. Turkey, no. 26129/95, § 111, ECHR 2001-III, and Avşar, cited above, § 284). (b) Application of these principles to the present case 183. The Court deems it appropriate to begin its analysis on the basis of the following facts, which are not disputed between the parties. On 20 July 2001, during the day, numerous clashes had taken place between

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