The European Court of Human Rights does not impose the burden of proof on the applicant in Article 3 claims1. It will reach its conclusion on the basis of an examination of all the material before it, whether originating from the parties or other sources, including third party interventions2. While in principle it is not the Court's task to substitute its own assessment of the facts for that of the domestic courts, it is not bound by the domestic courts' findings3. Indeed, when considering credible allegations that Article 3 has been violated the Court will apply particularly thorough scrutiny
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