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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