ELCI AND OTHERS v. TURKEY JUDGMENT
101
and cruel suffering (see the Selmouni v. France judgment cited above, § 96).
However, as the Court has further observed, certain acts which were
classified in the past as “inhuman or degrading treatment” as opposed to
“torture” could be classified differently in the future: the increasingly high
standard being required in the area of the protection of human rights and
fundamental liberties correspondingly and inevitably requires greater
firmness in assessing breaches of the fundamental values of democratic
societies (ibid. § 101).
635. The Court further recalls its case-law that, in assessing evidence in
a claim of a violation of Article 3 of the Convention, it adopts the standard
of proof “beyond reasonable doubt” (Avşar v. Turkey, no. 25657/94, § 282,
ECHR 2001). Such proof may, however, follow from the coexistence of
sufficiently strong, clear and concordant inferences or of similar unrebutted
presumptions of fact (Ireland v. the United Kingdom judgment cited above,
p. 65, § 161).
636. The Court is sensitive to the subsidiary nature of its task and
recognises that it must be cautious in taking on the role of a first instance
tribunal of fact, where this is not rendered unavoidable by the circumstances
of a particular case (see, for example, McKerr v. the United Kingdom,
no. 28883/95, decision of 4 April 2000). Nonetheless, where allegations are
made under Article 3 of the Convention, as in the present case, the Court
must apply a particularly thorough scrutiny (see, mutatis mutandis, the
Ribitsch v. Austria judgment of 4 December 1995, Series A no. 336, § 32,
and Avşar v. Turkey, cited above, § 283).
2. The present case
637. In assessing the applicants' allegations of torture and inhuman or
degrading treatment, the Court has had particular regard to the oral evidence
presented by witnesses before the Delegates of the Commission.
638. The Court finds that it is not possible to establish to the requisite
standard of proof the veracity of Mr Elçi's allegations of ill-treatment by the
Cizre police on his initial detention (paragraphs 14 and 86 above), there
being no corroborative evidence before it.
639. However, as regards the allegations of ill-treatment at the
Diyarbakır provincial gendarmerie command made by the applicants Tahir
Elçi, Şinasi Tur, Sabahattin Acar, Niyazi Çem, Mehmet Selim Kurbanoğlu,
Meral Daniş Beştaş, Mesut Beştaş, Vedat Erten, and Hüsniye Ölmez, the
Court finds their claims credible as a whole.
640. The Court notes the consistency of the allegations made by the
applicants that Tahir Elçi, Niyazi Çem, Meral Daniş Beştaş and Hüsniye
Ölmez were insulted, assaulted, stripped naked and hosed down with