HARUTYUNYAN v. ARMENIA JUDGMENT 13 guilt had been proven by other evidence. In Schenk v. Switzerland (12 July 1988, § 48, Series A no. 140), the Court found no violation of Article 6 since the unlawfully obtained evidence was not the only evidence proving the applicant’s guilt. According to the Court’s case-law, the admissibility and evaluation of evidence fell within the competence of the domestic courts, and the Court had to verify whether the proceedings as a whole were fair. In the present case, the finding of the applicant’s guilt was based on a number of other items of evidence, including testimonies given by the applicant and witnesses T. and A. during the court proceedings. (b) The applicant 55. The applicant submitted that the Government’s assertion that the statements obtained under torture had not been used as part of the basis for his conviction contradicted the facts of the case. According to Article 369 of the CCP, a judgment was to be composed of introductory, descriptivemotivational and concluding parts. According to Article 371 of the CCP, the descriptive-motivational part of a judgment was to contain: (1) the content of the accusation; (2) the court’s conclusions with regard to the circumstances of the case, the accusation being tested and the defendant’s guilt; (3) the evidence on which the court’s conclusions were based; and (4) the legal provisions on which the court relied in reaching its decision. The descriptive-motivational part of the Syunik Regional Court’s judgment of 19 June 2002 started with the words “The following has been established during the court examination”, followed by the circumstances of the case, the conclusions of the court and the evidence on which these conclusions were based. As part of such evidence, the court referred to the applicant’s confession statements of 16 and 17 April 1999 and the statements by witnesses T. and A., which had been obtained under torture. Thereafter, having compared the statements of witnesses T. and A. made during the preliminary investigation, including those made under coercion, with those made at a later stage of the proceedings, the Regional Court gave preference to the statements obtained under torture, stating that “the coercion was applied for the purpose of ensuring disclosure of the truth”. 56. Furthermore, the Court of Appeal, having upheld the judgment of 19 June 2002, thereby considered it to be lawful and well-grounded. Moreover, the Court of Appeal itself referred to the applicant’s confession statement of 16 April 1999 as evidence substantiating his guilt. The Court of Appeal further referred to the statements by witnesses T. and A., made at the earliest stage of the proceedings before the Syunik Regional Court. However, as opposed to witness T., witness A. had never made such submissions before the Regional Court. Thus, the statements referred to were the statements made by witness A. during the preliminary investigation, when he was tortured. Furthermore, the Court of Cassation in its decision of 8 May 2003 did not deny that the statements obtained under