Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
allegations of torture and ill-treatment of political detainees under Article
3 of the ECHR. The applicants submitted evidence such as reports of
different forms of torture and ill-treatment and a list of alleged victims.572
The respondent government (Greece) challenged the admissibility of
this evidence, arguing that it was insufficient.573 Greece also introduced
evidence contesting the allegations of torture and ill-treatment, such
as Greek legislation, documentary evidence and statistics, and several
International Committee of the Red Cross reports.574
The Commission declared the applicants’ allegations admissible, reasoning
that although the applicants’ evidence was insufficient at this stage,
considering the current situation in Greece,575 the remedies indicated by
the Greek government were not sufficient or effective.576 The Commission
stated that, before addressing the substance of the allegations, it was
necessary “to take [a] position on certain issues which must determine [the
Commission’s] examination of the evidence.”577 Thus, the question before
the Commission was the “standard and means of proof to be applied” in
evaluating the evidence submitted by the applicants.578
The Commission stated that the allegations “must be proved beyond
reasonable doubt.”579 The Commission defined reasonable doubt as:
A reasonable doubt means not a doubt based on a merely theoretical
possibility or raised in order to avoid a disagreeable conclusion,
but a doubt for which reasons can be given drawn from the facts
presented.580
The Commission did not provide any authority to support its choice of
the reasonable doubt standard, which was subsequently reaffirmed by the
ECtHR and applied in several other cases.
In Ireland581 case, one of the parties contested the applicability of the
reasonable doubt standard in assessing evidence alleging a violation of
Article 3 of the ECHR. Reaffirming that the reasonable doubt standard
applied based on the Commission’s decision in the Greek case, the ECtHR
further elaborated on the sufficiency of evidence required to meet this
standard. It added that proof beyond reasonable doubt may follow from
the coexistence of sufficiently strong, clear, and concordant inferences,
or of similar unrebutted presumptions of fact.
Greek, p. 187, paras. 6-7.
Greek, p. 187, para. 4.
574
Greek, p. 188, para. 8.
575
The Commission specifically pointed to the dismissal of thirty judges and public prosecutors on 29
May 1968. See Greek, p. 187, para. 5.
576
Greek, p. 187, para. 5.
577
Greek, p. 194, para. 23.
578
Greek, p. 194, para. 23.
579
Greek, p. 196, para. 30.
580
Greek, p. 196, para. 30.
581
Ireland v. United Kingdom, 25 ECtHR, Ser. A, (1978), (hereinafter: Ireland).
572
573
124
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