IV. Alleged violation of Article 3 of the Convention
in respect of Ramzan Ramsayev
87. Also relying on Article 3 of the Convention, the applicants argued that they had serious grounds to believe that Ramzan Rasayev had been subjected to torture and inhuman treatment when in detention. They further complained that no effective investigation had been conducted in this respect.
88. The Court reiterates that allegations of ill-treatment must be supported by appropriate evidence. To assess this 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 (see Ireland v. the United Kingdom, cited above, pp. 64 - 65, § 161 in fine).
89. The Court has found it established that Ramzan Rasayev was detained on 25 December 2001 by State agents. It has also found that, in view of all the known circumstances, he can be presumed dead and that the responsibility for his death lies with the State authorities (see paragraphs 67 above). However, the exact way in which he died and whether he was subjected to ill-treatment while in detention have not been established.
90. It follows that this part of the application is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.