26 GÄFGEN v. GERMANY JUDGMENT the police officers (see paragraph 47 above). Furthermore, it is clear both from D.’s note for the police file (see paragraph 20 above) and from the Regional Court’s finding in the criminal proceedings against D. (see paragraph 47 above) that D. intended, if necessary, to carry out that threat with the help of a “truth serum” and that the applicant had been warned that the execution of the threat was imminent. 95. As D. had ordered his subordinate heads of department on several occasions to use force against the applicant, if necessary, before finally ordering E. to threaten the applicant with torture (see paragraph 47 above), his order cannot be regarded as a spontaneous act and a clear element of intention was present. It further appears that the applicant, while detained, was handcuffed in the interrogation room (see paragraph 57 above) and was therefore in a situation of particular vulnerability and constraint. The Court, having regard to the findings of the domestic courts and to the material before it, is persuaded that the police officers resorted to the method of interrogation in question in the belief that J.’s life might be saved. 96. The Court further observes that the applicant alleged that he had also been physically assaulted and injured and threatened with sexual abuse during interrogation. In assessing whether these allegations, which were contested by the Government, have been proven beyond reasonable doubt, the Court finds that in view of the medical certificates furnished by the applicant, his assertion of assault during his interrogation is not wholly without foundation. These certificates indicate that the applicant had indeed sustained bruising to his chest in the days prior to the medical examinations. 97. However, the Court also notes the Government’s explanation as to the cause of the applicant’s injuries, together with the submissions of J.’s parents on this point. They argued, by reference to the applicant’s own statements in his book published in 2005, that all of the injuries, including lesions to his skin, which the applicant had incontestably sustained had been caused during his arrest when he was pinned, face down, on the ground (see paragraphs 13 and 14 above). The Court further notes that the domestic courts did not find any of the applicant’s additional allegations to have been established. It would appear that before the domestic courts, which heard and evaluated the evidence, the applicant had not made the allegations of physical injuries having been sustained during interrogation, at least not to the same extent as the way in which he did before this Court (see, in particular, paragraph 26 above). Moreover, the medical certificates contain no indication as to the probable causation of injuries (see paragraph 21 above). 98. In view of the foregoing, the Court is unable to conclude that the applicant’s complaints concerning physical assaults and injuries together with the alleged threat of sexual abuse during interrogation have been established beyond reasonable doubt.

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