{"id":5206,"date":"2010-04-08T19:39:10","date_gmt":"2010-04-08T17:39:10","guid":{"rendered":"http:\/\/www.waynakh.com\/eng\/?p=5206"},"modified":"2010-04-08T19:39:10","modified_gmt":"2010-04-08T17:39:10","slug":"abayeva-and-others-abdurashidova-mudayevy-sadulayeva-seriyevy-tasatayevy-umalatov-and-others-v-russia","status":"publish","type":"post","link":"https:\/\/www.waynakh.com\/eng\/2010\/04\/abayeva-and-others-abdurashidova-mudayevy-sadulayeva-seriyevy-tasatayevy-umalatov-and-others-v-russia\/","title":{"rendered":"Abayeva and Others &#8211; Abdurashidova &#8211; Mudayevy &#8211; Sadulayeva &#8211; Seriyevy &#8211; Tasatayevy &#8211; Umalatov and Others v. Russia"},"content":{"rendered":"<p style=\"text-align: justify;\">The ECHR cases of Abayeva and Others v. Russia (no. 2952\/06); Abdurashidova v. Russia (no. 32968\/05); Mudayevy v. Russia (no. 33105\/05); Sadulayeva v. Russia (no. 38570\/05); Seriyevy v. Russia (no. 20201\/05); Tasatayevy v. Russia (no. 37541\/05); and Umalatov and Others v. Russia (no. 8345\/05).<!--more--><\/p>\n<p><span style=\"color: #ffffff;\">\u2026<\/span><\/p>\n<p><span style=\"color: #ffffff;\">\u2026<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>EUROPEAN   COURT OF HUMAN RIGHTS<\/strong><\/span><\/p>\n<p style=\"text-align: right;\"><span style=\"color: #000000;\"><strong>293<\/strong><\/span><\/p>\n<p style=\"text-align: right;\"><span style=\"color: #000000;\"><strong>08.04.2010<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>Press release issued by the Registrar<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>Seven Chamber judgments against Russia concerning Chechnya and Dagestan<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The European Court of Human Rights  has today notified  in writing seven Chamber judgments concerning Russia, none of which  are final.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">All seven cases  concerned the applicants\u2019 allegations  that their close relatives were killed by Russian agents of the State  in Chechnya, notably after detention and disappearance or during a  security  operation. All the applicants further complained that the domestic  authorities  had failed to carry out an effective investigation into their  allegations.  They relied in particular on Articles\u00a02 (right to life), 3 (prohibition  of inhuman or degrading treatment), 5 (right to liberty and security)  and\u00a013 (right to an effective remedy) of the European Convention on  Human  Rights. In one case the applicant also complained that her property  had been damaged during the security operation in breach of Article\u00a01  of Protocol No.\u00a01 (protection of property) to the Convention. <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>1.\u00a0Abayeva  and Others v. Russia (no. 37542\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The applicants  are four Russian nationals who live  in the town of Urus-Martan in Chechnya. The first three applicants are  the mother, wife and son of Magomed-Ali Abayev, who was born in 1970.  The fourth applicant is the mother of Anvar Shaipov, born in 1976.  Magomed-Ali  Abayev and Anvar Shaipov disappeared on 13 September 2000 when, walking  to the town centre, they were stopped at a Russian military checkpoint  and taken into a nearby factory building. Neighbours witnessed the two  men being taken into the building and, warned of this, the applicants  waited at the checkpoint. While they were waiting they saw a grey  military  vehicle leaving the factory yard with its windows closed; a soldier  told them, however, that their relatives had been released from the  other side of the building. They have had no reliable news of the two  men apart from at the end of September 2000 when a young Chechen man  went to see Anvar Shaipov\u2019s mother to tell her that he had seen her  son chopping firewood at the headquarters of an infantry regiment. The  Court found as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of Article 2 (right  to life) in respect of Magomed-Ali Abayev and  Anvar Shaipov;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 2 (right  to life) for failure to conduct an effective  investigation  into the circumstances of their disappearance;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 3 (inhuman  and degrading treatment) on account of the  applicants\u2019 mental suffering;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 5 (unacknowledged  detention) in respect of Magomed-Ali Abayev and  Anvar Shaipov;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 13 (lack  of an effective remedy) in conjunction with Article 2.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Court decided  to strike out of its list of cases  the application in so far as it concerned Magomed-Ali Abayev\u2019s wife  as she no longer intended to pursue her complaints.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Court awarded  Magomed-Ali Abayev\u2019s mother and  son jointly 12,000 euros (EUR) in respect of pecuniary damage. In  respect  of non-pecuniary damage, they were further awarded EUR\u00a060,000, jointly,  and Anvar Shaipov\u2019s mother EUR\u00a060,000. All the applicants were awarded  EUR\u00a02,115 for costs and expenses.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>2.\u00a0Abdurashidova  v. Russia (no. 32968\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The applicant is a  Russian national who is currently  an asylum seeker living abroad. The case concerned her allegation that  her seven-year old daughter, Summaya Abdurashidova, was killed by police   gunfire when the family home in the village of Solnechnoye in Dagestan  (Russia) was stormed in the early hours of 14\u00a0March 2005. No autopsy  was carried out as the applicant and her family decided against it.  The authorities\u2019 investigation, based on a forensic expert\u2019s report  which stated that the applicant\u2019s daughter had died from splinter  wounds caused by an explosive device, concluded that, during an  operation  to apprehend two armed suspects in hiding at the applicant\u2019s house,  there had been a skirmish in which the two criminals \u2013 also killed  \u2013 had used hand grenades against police officers, resulting in Summaya\u2019s   death. The applicant further alleged that her house had been severely  damaged and was uninhabitable. The Court found as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">No violation of Article 2 (right  to life) concerning direct State  responsibility for Summaya\u00a0Abdurashidova\u2019s  death;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 2 (right  to life) on account of the Russian  authorities\u2019 failure  to take reasonable measures to prevent a real and immediate risk to  the life of Summaya\u00a0Abdurashidova;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 2 (right  to life) for failure to conduct an effective  investigation  into the circumstances in which Summaya Abdurashidova died;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 1 of Protocol  No. 1 (protection of property) on account of the  damage to the applicant\u2019s home;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 13 (lack  of an effective remedy) in conjunction with Article 2 and Article\u00a01 of  Protocol No.\u00a01.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Court awarded  the applicant EUR 8,000 in respect  of pecuniary damage, EUR\u00a060,000 in respect of non-pecuniary damage and  EUR\u00a03,480 for costs and expenses.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>3.\u00a0Mudayevy  v. Russia (no. 33105\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The applicants  are two Russian nationals who live  in Raduzhnoye (Grozny district, Chechnya). They are the father and aunt  of Aslan and Mokhmad Mudayev, brothers, born in 1985 and 1982  respectively.  The Mudayev brothers have not been seen since they were taken away from  the family home in the village of Raduzhnoye (Chechnya) by Russian  servicemen  during a security operation on 29 January 2003. More than 20 other  people  detained during the security operation were released the following day.  The Government acknowledged that the brothers had been detained and  taken for questioning by the security services but stated that they  had been released at a later date. The applicants further alleged that  their relatives, according to detainees held with them, had been held  in inhuman conditions of detention and been severely beaten.  Furthermore,  their allegations were not properly examined despite having reported  them in detail to the investigating authorities. The Court found as  follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of Article 2 (right  to life) in respect of Aslan and Mokhmad Mudayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 2 (right  to life) for failure to conduct an effective  investigation  into the circumstances of Aslan and Mokhmad Mudayev\u2019s disappearance;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 3 (investigation) on account of the  failure to conduct an effective investigation into  the allegations of ill-treatment of Aslan and Mokhmad Mudayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 5 (unacknowledged  detention) in respect of Aslan and  Mokhmad\u00a0Mudayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 13 (lack  of an effective remedy) in conjunction with Article 2.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Court awarded  the first applicant EUR\u00a020,000 in  respect of pecuniary damage. In respect of non-pecuniary damage it  awarded  EUR\u00a0100,000 to the first applicant and EUR\u00a020,000 to the second  applicant.  EUR\u00a03,150 was awarded for costs and expenses.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>4.\u00a0Sadulayeva  v. Russia (no. 38570\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The applicant is a  Russian national who lives in  Martan-Chu (Urus-Martan district, Chechnya). The case concerned her  allegation that her son, Aslan Sadulayev, born in\u00a01978, was detained  and disappeared on 9 December 2002 when, on his way to the family home  in Urus-Martan (Chechnya), he was stopped by Russian servicemen at a  mobile military checkpoint for an identity check. Two acquaintances,  travelling in a bus and also stopped at the checkpoint, witnessed Aslan  being taken away along with two other men in the car. He has not been  seen since. The Court found as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of Article 2 (right  to life) in respect of Aslan Sadulayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 2 (right  to life) for failure to conduct an effective  investigation  into the circumstances of Aslan Sadulayev\u2019s disappearance;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 3 (inhuman  and degrading treatment) on account of the  applicant\u2019s mental suffering;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 5 (unacknowledged  detention) in respect of Aslan Sadulayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 13 (lack  of an effective remedy) in conjunction with Article 2.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Court awarded  the applicant EUR\u00a060,000 in respect  of non-pecuniary damage, and EUR\u00a01,110 for costs and expenses.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>5.\u00a0Seriyevy  v. Russia (no. 20201\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The applicants  are two Russian nationals who currently  live in Shali (Chechnya). They are the father and sister of Sarali  Seriyev,  born in 1980, who has not been seen since 1\u00a0June\u00a02004 when he was taken  away from the then family home in Belgatoy (Chechnya) by  30\u00a0heavily-armed  and masked men in uniforms. The first applicant tried to prevent his  son, who was disabled and blind in one eye, from being taken away by  throwing himself onto one of the abductors\u2019 cars, but was stopped  when he had liquid sprayed into eyes. The Court found as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of Article 2 (right  to life) in respect of Sarali Seriyev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 2 (right  to life) for failure to conduct an effective  investigation  into the circumstances of Sarali Seriyev\u2019s disappearance;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 3 (inhuman  and degrading treatment) on account of the  applicants\u2019 mental suffering;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 5 (unacknowledged  detention) in respect of Sarali Seriyev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 13 (lack  of an effective remedy) in conjunction with Article 2.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Court awarded  the applicants jointly EUR\u00a060,000  in respect of non-pecuniary damage, and EUR\u00a06,500 for costs and  expenses.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>6.\u00a0Tasatayevy  v. Russia (no. 37541\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The applicants  are two Russian nationals who live  in Urus-Martan (Chechnya). They are the mothers of Aslan Tasatayev who  was born in 1975 and his cousin, Aslanbek Tasatayev, born in 1979 of  whom they have had no news since the early hours of 1\u00a0June\u00a02001 when  they  were taken away from the family home by 30 masked men, some armed with  sniper rifles, accompanied by a sniffer dog. The Court found as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of Article 2 (right  to life) in respect of Aslan and Aslanbek Tasatayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 2 (right  to life) for failure to conduct an effective  investigation  into the circumstances of their disappearance;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 3 (inhuman  and degrading treatment) on account of the  applicants\u2019 mental suffering;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 5 (unacknowledged  detention) in respect of Aslan and Aslanbek  Tasatayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 13 (lack  of an effective remedy) in conjunction with Article 2.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Court awarded  each applicant 60,000\u00a0EUR in respect  of non-pecuniary damage, and EUR\u00a05,000, jointly, for costs and expenses.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>7.\u00a0Umalatov  and Others v. Russia (no. 8345\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The applicants  are three Russian nationals who live  in the Chechen Republic. The first and second applicants are the father  and wife of Usman Umalatov who was born in 1969. The third applicant  is the father of Shamad Durdiyev, born in 1976. The two men have not  been seen since they were taken away from the family home by Russian  servicemen during a security operation in the village of Nagornoye  (Chechnya)  on 15 October 2002. A few days later nine men apprehended during the  security operation in Nagornoye were released; the Government suggested  that the applicants\u2019 relatives had either been released or abducted  and killed by paramilitaries. The Court found as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of Article 2 (right  to life) in respect of Usman Umalatov and Shamad  Durdiyev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 2 (right  to life) for failure to conduct an effective  investigation  into the circumstances of their disappearance;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 3 (inhuman  and degrading treatment) on account of the  applicants\u2019\u00a0mental suffering;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 5 (unacknowledged  detention) in respect of Usman Umalatov and  Shamad Durdiyev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Violation of  Article 13 (lack  of an effective remedy) in conjunction with Article 2.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">In respect of  non-pecuniary damage, the Court awarded  EUR\u00a060,000, jointly, to the first and second applicants, and EUR\u00a060,000  to the third applicant. The Court awarded the applicants EUR\u00a02,750 for  costs and expenses.<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>*********<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>Additional information concerning  the Court\u2019s findings in these cases<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">In the six  disappearance cases the Court considered  that the applicants, mostly eyewitnesses to the incidents, had presented   a coherent and convincing picture of their relatives\u2019 detention,  corroborated  by other eyewitnesses including family and\/or neighbours. In all but  one (Mudayevy) of those  cases it further considered it unlikely that, as suggested by the  Government,  the abductors of the applicants\u2019 relatives could have been criminals  or members of paramilitary groups. In particular, in the cases of Sadulayeva, Seriyevy,  and Tasatayevy   the fact that a large group of armed men in uniform were able to move  freely in such areas, carry out identity checks and apprehend people  at a checkpoint or in their homes strongly supported the applicants\u2019  allegation that those men had been Russian servicemen conducting a  security  operation. In the cases of Mudayevy  and Umalatov   the Court further observed that the Government had either not presented  evidence at all or it had been contradictory to support their claim  that the applicants\u2019 relatives had been released. Further drawing  inferences from the Russian Government\u2019s failure to submit documents  in most of those cases \u2013 despite specific requests from the Court  \u2013 to which it exclusively had access and the fact that it had not  provided any other plausible explanation for the events in question,  the Court considered that the applicants\u2019 relatives had to be presumed  dead following their unacknowledged detention by Russian servicemen.  Accordingly, there had been a violation of Article 2 in respect of the  disappeared men of these six cases.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">In the case of Abdurashidova  the Court noted, however, that the applicant\u2019s allegation had been  based exclusively on her own statement with no corroborating statements  or evidence. Indeed, the forensic report, which the Court saw no reason  to doubt, indicated that the applicant\u2019s daughter had been killed  by splinters from an explosive device used by two criminal suspects  whereas the police had used firearms during the security operation.  Unfortunately, there was no other document such as an autopsy report  to provide a complete and accurate record of the seven year old\u2019s  injuries and the cause of her death. Accordingly, the Court found that  it had not been established \u201cbeyond reasonable doubt\u201d that the security  forces had been directly responsible for the death of the applicant\u2019s  daughter and therefore held that there had been no violation of Article  2. On the other hand, there was nothing in the case file to suggest  that any serious consideration had been given to adequate planning,  control and execution of the search and apprehension in the applicant\u2019s  home, especially bearing in mind that, not spontaneous, it had been  set up in full knowledge of the danger posed by two criminal suspects  and had been carried out by well-equipped and trained servicemen.  Furthermore,  it was entirely unclear why it had been possible to evacuate the  applicant,  her husband and two other children but not her daughter. The Court  therefore  concluded that the authorities had failed to take reasonable measures  to prevent a real and immediate risk to the life of the applicant\u2019s  daughter, in violation of Article\u00a02.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">In all seven  cases, the Court further held that there  had been violations of Article\u00a02 relating to the authorities\u2019 failure  to carry out effective criminal investigations into the circumstances  in which the applicants\u2019 relatives had disappeared or been killed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Court also  found that the applicants in five  of the cases had suffered and continued to suffer distress and anguish  as a result of the disappearance of their relatives and their inability  to find out \u2013 despite repeated enquiries, both in writing and in person,   to various official bodies \u2013 what had happened to them. The manner  in which their complaints had been dealt with by the authorities had  to be considered to constitute inhuman treatment in violation of  Article\u00a03.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">As regards the  case Mudayevy,   the Court held that there had been a violation of Article\u00a03, given that  no adequate investigation had been carried out into the applicants\u2019  complaint concerning the ill-treatment of Aslan and Mokhmad Mudayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Court found  that in the six disappearance cases  the applicants\u2019 relatives had been held in unacknowledged detention  without any of the safeguards contained in Article\u00a05, which constituted  a particularly grave violation of the right to liberty and security  enshrined in that Article.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Court finally  held that as the criminal investigations  into the disappearances and a violent death in these cases had been  ineffective and the effectiveness of any other remedy that might have  existed, including civil remedies suggested by the Government, had  consequently  been undermined, the State had failed in its obligation under Article\u00a013   of the Convention. Consequently in all seven cases there had been a  violation of Article\u00a013 in conjunction with Article 2. In the case of Abdurashidova the  Court  further held that there had been a violation of Article 13 in  conjunction  with Article\u00a01 of Protocol No.\u00a01 on account of the fact that, the  authorities  having denied any involvement in the damage to the applicant\u2019s home  and the matter not having been examined at all during the domestic  investigation,  the applicant did not have any effective domestic remedies in respect  of the alleged violation of her property rights.<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>***<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>CASE OF ABAYEVA AND  OTHERS v. RUSSIA<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>(Application no.  37542\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">JUDGMENT<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">STRASBOURG<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>8 April 2010<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">This judgment will become  final in the circumstances  set out in Article\u00a044 \u00a7\u00a02 of the Convention. It may be subject to  editorial  revision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>In the case of Abayeva and Others v. Russia,<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The   European Court of Human Rights (First Section), sitting as a Chamber  composed of:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Christos  Rozakis, President,<br \/>\nAnatoly Kovler,<br \/>\nElisabeth Steiner,<br \/>\nDean Spielmann,<br \/>\nSverre Erik Jebens,<br \/>\nGiorgio Malinverni,<br \/>\nGeorge Nicolaou, judges,<br \/>\nand S\u00f8ren  Nielsen, Section Registrar,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Having   deliberated in private on 18 March 2010,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Delivers   the following judgment, which was adopted on that date:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">PROCEDURE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The   case originated in an application (no. 37542\/05) against the Russian  Federation lodged with the Court under Article 34 of the Convention  for the Protection of Human Rights and Fundamental Freedoms (\u201cthe  Convention\u201d) by four Russian nationals listed below (\u201cthe applicants\u201d),  on 9 September 2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The   applicants were represented by lawyers of the NGO EHRAC\/Memorial Human  Rights Centre. The Russian Government (\u201cthe Government\u201d) were  represented  by Mr A. Savenkov, First Deputy Minister of Justice, and, subsequently, by Mr G. Matyushkin, Representative of  the Russian Federation  at the European Court of Human Rights.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0On   17 March 2008 the Court decided to apply Rule\u00a041 of the Rules of Court  and to grant priority treatment to the application and to give notice  of the application to the Government. Under the provisions of Article  29 \u00a7 3 of the Convention, it decided to examine the merits of the  application  at the same time as its admissibility.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0The   Government objected to the joint examination of the admissibility and  merits of the application. Having considered the Government&#8217;s objection,   the Court dismissed it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0The   applicants are:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1)   Ms Arua Abayeva, born in 1949,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2)   Ms Raminat Zhansayeva, born in 1983,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3)   Mr Siddyk Abayev, born in 2000 and<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4)   Ms Malika Shaipova, born in 1947.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The   applicants are two distantly related families of Russian nationals who  live in the town of Urus-Martan, Chechnya. The first applicant is the  mother of Magomed-Ali Abayev, who was born in 1970. The second applicant   is his wife and the third applicant is his son. The fourth applicant  is the mother of Anvar Shaipov, who was born in 1976.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The disappearance of Magomed-Ali Abayev  and Anvar Shaipov and subsequent events<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The applicants&#8217; account<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">a.\u00a0Abduction of Magomed-Ali Abayev and Anvar  Shaipov<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0At   the material time the town of Urus-Martan was under curfew. The first  applicant lived there with Magomed-Ali Abayev and other relatives at  12 Lenin Street. Their house was in the town centre and less than a  hundred metres from the nearest checkpoint of the Russian military  forces.  The checkpoint and its staff occupied two buildings; one was the  building  of the former Siluet clothing factory and the other was a nearby smaller   building in Lenin Street.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0At   about 4 p.m. on 13 September 2000 Magomed-Ali Abayev and Anvar Shaipov  left the first applicant&#8217;s house. They were walking to the town centre  when two Russian servicemen at the checkpoint stopped them. The  servicemen  took their passports and one of the soldiers went with them into the  factory building. A few minutes later he came out, took Magomed-Ali  Abayev  and Anvar Shaipov into the building and returned to the checkpoint  without  them.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0The   applicants&#8217; neighbours Mr R.G. and Mr M.A. witnessed Magomed-Ali Abayev  and Anvar Shaipov being taken into the factory building and did not  see them come out. Several minutes later Mr R.G. asked the servicemen  at the checkpoint why Magomed-Ali Abayev and Anvar Shaipov were still  in the building; he did not receive any response. Meanwhile Mr M.A.  went to the first applicant&#8217;s house and informed her and the second  applicant about the arrest of Magomed-Ali Abayev and Anvar Shaipov at  the checkpoint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0The   first and the second applicants immediately went to the checkpoint and  asked the soldiers why Magomed-Ali Abayev and Anvar Shaipov had been  arrested. They were told that the two men had been taken into the  building  for an identity check and that they would be released shortly. The  applicants  decided to wait for the men at the entrance to the building. While they  were waiting, a grey military UAZ vehicle with open windows drove up  to the factory building. The soldiers opened the factory gates and let  the car into the yard. Shortly after its arrival the car left with its  windows closed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0After   the car drove away the second applicant asked one of the soldiers about  Magomed-Ali Abayev and Anvar Shaipov. The soldier spoke with someone  on his portable radio set and told her that the two men had been  released  from the other side of the factory building.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">11.\u00a0\u00a0At   that time the father of Magomed-Ali Abayev, Mr V.A., arrived at the  checkpoint and went to the other side of the building to meet his son  and Anvar Shaipov. About five minutes later he returned and told the  first and the second applicants that Magomed-Ali Abayev and Anvar  Shaipov  had not left the building. He further informed them that he had met  an acquaintance who had been waiting for someone on the other side of  the building for two hours and that this man had not seen Magomed-Ali  Abayev and Anvar Shaipov leaving the factory building.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">12.\u00a0\u00a0Then   the second applicant went to the fourth applicant&#8217;s house and told her  Anvar Shaipov had been arrested. The second and the fourth applicants  immediately went to the town centre, where they met the first applicant.   In the late afternoon all of them managed to speak to the deputy head  of the Urus-Martan district administration, Mr L.M., who told them that  Magomed-Ali Abayev and Anvar Shaipov had been taken to the \u201cWest\u201d  group of the Russian federal forces (\u0433\u0440\u0443\u043f\u043f\u0438\u0440\u043e\u0432\u043a\u0430 \u0444\u0435\u0434\u0435\u0440\u0430\u043b\u044c\u043d\u044b\u0445 \u0441\u0438\u043b &#8216;\u0417\u0430\u043f\u0430\u0434&#8217;)   stationed in the village of Tangi-Chu in the Urus-Martan district, and  that on 14 September 2000 the applicants&#8217; relatives would be brought  back to Urus-Martan.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">13.\u00a0\u00a0In   support of their statements the applicants submitted the following:  two accounts by the first applicant dated 19 March 2004 and 2 June 2005;   an account by the second applicant dated 17 March 2004; an account by  Mr\u00a0R.G. dated 29 March 2004; an account by Mr M.A. dated 2 April 2004;  an account by the fourth applicant dated 18 March 2004, on an account  by Mr M.-E.A. dated 1 June 2005 and a hand-drawn map of the former  clothing  factory.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">b. The subsequent events<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">14.\u00a0\u00a0On   the morning of 14 September 2000 the deputy head of the administration,  Mr L.M., told the applicants that he had not been able to find out where   Magomed-Ali Abayev and Anvar Shaipov had been taken. He suggested that  they had been taken either to the main military base of the Russian  federal forces in Khankala or to the detention centre of the Russian  federal forces in the settlement of Chernokozovo.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">15.\u00a0\u00a0On   14 September 2000 the two applicant families started a joint search  for Magomed-Ali Abayev and Anvar Shaipov. For the first few days the  applicants addressed State authorities primarily in person, hoping for  an immediate release of their relatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">16.\u00a0\u00a0In   the end of September 2000 (in the submitted documents the date was also  stated as October 2001) a young Chechen man came to the fourth  applicant&#8217;s  house. He did not introduce himself. He told her that he had seen Anvar  Shaipov at the headquarters of infantry regiment no.\u00a0245 of the West  group of the Russian federal forces. Anvar Shaipov had been chopping  firewood. He had told the man that he had been arrested by Russian  military  servicemen and asked him to inform his relatives that he had been  detained  at the headquarters of infantry regiment no.\u00a0245 of the West group. The  young man said he had never heard of Magomed-Ali Abayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">17.\u00a0\u00a0Since   the end of September 2000 the applicants have had no news of their  disappeared  relatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">18.\u00a0\u00a0The   Government did not challenge most of the facts as presented by the  applicants.  According to their submission, \u201c&#8230;on 15 August 2002 M.A.\u00a0Shaipova  complained to the Urus-Martan district prosecutor&#8217;s office that between  4 p.m. and 5 p.m. on 13 September 2000 her son Anvar Shaipov was  abducted  by identified men in civilian clothing next to the former Siluet  clothing  factory in Lenin Street, Urus-Martan&#8230; on 15\u00a0December 2000 a similar  complaint was received by the Urus-Martan district prosecutor&#8217;s office  from A. Abayeva&#8230;\u201d.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The search for Magomed-Ali Abayev and  Anvar  Shaipov and the investigation<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Information submitted by the  applicants<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">19.\u00a0\u00a0From   13\u00a0September 2000 onwards the applicants repeatedly applied in person  and in writing to various public bodies. They have been supported in  their efforts by the Memorial NGO. In their letters to the authorities  the applicants referred to their relatives&#8217; arrest and asked for  assistance  and details of the investigation. Mostly these enquiries have remained  unanswered, or purely formal replies have been given in which the  applicants&#8217;  requests have been forwarded to various prosecutors&#8217; offices. The  applicants  submitted some of their letters and the authorities&#8217; replies to the  Court; these documents are summarised below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">20.\u00a0\u00a0On   26 and 29 September 2000 the fourth applicant complained to the  Urus-Martan  district prosecutor&#8217;s office (the district prosecutor&#8217;s office) about  her son&#8217;s abduction. She described the circumstances of his arrest and  requested assistance in searching for him. She also stated that her  son had been seen in the village of Tangi-Chu, on the premises of  infantry  regiment no.\u00a0245 of the West group of federal forces.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">21.\u00a0\u00a0On   1 October 2000 the district prosecutor&#8217;s office forwarded the fourth  applicant&#8217;s complaint to the Urus-Martan district department of the  interior (the ROVD) and requested them to open an operational-search  file to establish the whereabouts of Anvar Shaipov.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">22.\u00a0\u00a0On   19 November 2000 the district prosecutor&#8217;s office informed the first  applicant that Magomed-Ali Abayev and Anvar Shaipov had not been  detained  at the headquarters of infantry regiment no.\u00a0245.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">23.\u00a0\u00a0On   27 November 2000 the fourth applicant wrote to the ROVD. She described  the circumstances of her son&#8217;s arrest and stated that he had been seen  in the village of Tangi-Chu, at the headquarters of infantry regiment  no.\u00a0245 of the West group of Russian federal forces.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">24.\u00a0\u00a0On   21 August 2001 the Prosecutor General&#8217;s office informed the first  applicant  that her request for assistance in the search for her son had been  forwarded  to the Chechnya prosecutor&#8217;s office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">25.\u00a0\u00a0On   21 September 2001 the district prosecutor&#8217;s office forwarded the first  applicant&#8217;s complaint to the ROVD.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">26.\u00a0\u00a0On   1 October 2001 the first applicant complained to the district  prosecutor&#8217;s  office. She stated that in spite of all the information she had provided   to the authorities they had failed to instigate an investigation into  her son&#8217;s disappearance. The applicant further provided the names and  the addresses of the witnesses to the abduction and requested that the  authorities instigate an investigation into the abduction of Magomed-Ali   Abayev. She requested the authorities to question the servicemen who  had been manning the checkpoint on 13 September 2000.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">27.\u00a0\u00a0On   19 August 2002 the Chechnya department of the interior forwarded the  fourth applicant&#8217;s complaint to the ROVD, seeking a search for Anvar  Shaipov to be set up.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">28.\u00a0\u00a0On   28 August 2002 the district prosecutor&#8217;s office summoned the first  applicant  for questioning.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">29.\u00a0\u00a0On   22 January 2003 the fourth applicant complained to the Urus-Martan  district  military commander&#8217;s office (the district military commander&#8217;s office).  She described in detail the circumstances of her son&#8217;s abduction and  requested assistance in the search for Anvar Shaipov.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">30.\u00a0\u00a0On   6 February 2003 the district prosecutor&#8217;s office forwarded a letter  to the first applicant stating that on the same date they had instituted   an investigation into the disappearance of Magomed-Ali Abayev and Anvar  Shaipov under Article 126 \u00a7\u00a02 of the Criminal Code (aggravated  kidnapping).  The case file had been given the number 34013. According to the  applicants,  they were informed about this decision only on 11 March 2004 (see  paragraph  51 below).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">31.\u00a0\u00a0On   18 February 2003 the district prosecutor&#8217;s office granted the fourth  applicant victim status in the criminal case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">32.\u00a0\u00a0On   9 March 2004 the first applicant complained to the district prosecutor&#8217;s   office. She stated that Magomed-Ali Abayev and Anvar Shaipov had been  arrested by Russian servicemen; that their removal had been witnessed  by a number of her neighbours and relatives; and that, in spite of her  numerous complaints to the district prosecutor&#8217;s office, the latter  had failed to establish the whereabouts of the disappeared men. The  applicant requested the authorities to take the following measures:  to initiate an investigation into the abduction of Magomed-Ali Abayev  and Anvar Shaipov, to grant her victim status in the criminal  proceedings  and conduct an effective investigation into the disappearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">33.\u00a0\u00a0On   11 March 2004 the district prosecutor&#8217;s office informed the first  applicant  that on 6 February 2003 they had instituted an investigation into the  disappearance of Magomed-Ali Abayev and Anvar Shaipov and that on 7  April 2003 the investigation in the criminal case had been suspended  for failure to establish the identities of the perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">34.\u00a0\u00a0On   12 April 2004 the first applicant requested the investigators to inform  her about the progress of the investigation and take meaningful measures   to establish the whereabouts of Magomed-Ali Abayev and Anvar Shaipov.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">35.\u00a0\u00a0On   6 October 2004 the first applicant requested the investigators to  provide  her with access to the investigation file and to resume the  investigation  in the criminal case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">36.\u00a0\u00a0On   11 October 2004 the investigators informed the first applicant that  under Article 42 of the Criminal Procedure Code she was entitled to  familiarise herself with the investigation file only upon completion  of the investigation. The letter also stated that the investigation  had been suspended for failure to establish the identities of the  perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">37.\u00a0\u00a0On   12 June 2008 the investigators informed the applicants that on the same  date they had suspended the investigation in the criminal case for  failure  to establish the identities of the perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">38.\u00a0\u00a0Referring to several  witness  statements, which are summarised below, and copies of some documents  from the investigation file, the Government submitted the following.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">39.\u00a0\u00a0On 15 December 2002 the  first applicant complained to the authorities about the abduction on  13 September 2000 of Magomed-Ali Abayev and Anvar Shaipov by  representatives  of a law-enforcement agency stationed in the former clothing factory.  She stated that the two men had been taken onto the factory premises  by the servicemen and that afterwards they had not returned home. She  further stated that she had complained about the abduction to the  district  prosecutor&#8217;s office, but the interim district prosecutor, Mr L.I., had  refused to open a criminal investigation. The applicant also provided  the names and addresses of two witnesses to the abduction and requested  the authorities to open a criminal case and to question the  representatives  of the law-enforcement agency who had been stationed in the factory  building at the material time.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">40.\u00a0\u00a0On 14 February 2003 the  investigators questioned the first applicant&#8217;s daughter, Ms L.A., who  stated that at about 6 p.m. on 13\u00a0September 2000 her brother Magomed-Ali   Abayev had left home with Anvar Shaipov. About five minutes later their  neighbour Mr M.A. had arrived at the first applicant&#8217;s home and informed   the relatives that Magomed-Ali Abayev and Anvar Shaipov had been  arrested  by representatives of a law-enforcement agency and had been taken to  the premises of the former clothing factory. The witness and the first  applicant had gone immediately to the checkpoint located in the factory  building. While they were there a grey UAZ vehicle without registration  numbers had driven away from the factory&#8217;s yard.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">41.\u00a0\u00a0On 14 February 2003 the  ROVD informed the investigators that Anvar Shaipov had not been detained   by their officers, that he had not been placed in their detention centre   and that his corpse had not been found.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">42.\u00a0\u00a0On 14 February 2003 the  investigators questioned the first applicant who stated that at about  4 p.m. on 13 September 2000 her son Magomed-Ali Abayev had left home  with Anvar Shaipov. A few minutes later their neighbour Mr M.A. had  arrived at her house and informed the family that the two men had been  arrested by representatives of a law-enforcement agency stationed in  the former clothing factory. Immediately afterwards, the applicant with  her daughter and Ms R. Sh. had gone to the checkpoint located in the  building and asked the guards to release the arrested men. While the  women had been talking to the guards, a grey UAZ vehicle with darkened  windows and without registration numbers had driven away from the  factory&#8217;s  yard. The women&#8217;s attempts to obtain information about the arrested  men had not produced any results.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">43.\u00a0\u00a0On 17 February 2003 the  investigators questioned Anvar Shaipov&#8217;s sister, Ms L.Sh., who stated  that on 13 September 2000 she had been at home when Mr A.Zh. had arrived   there and informed the family about the arrest of Magomed-Ali Abayev  and Anvar Shaipov by military servicemen stationed at the former  clothing  factory. The witness and her relatives had immediately gone to the  authorities  and informed them about the incident. On 18 February 2005 the witness  was questioned again and stated that her family had learnt from an  acquaintance  that in 2000 her brother Anvar Shaipov had been seen at a military unit  in Tangi-Chu, Chechnya.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">44.\u00a0On 18 and 22 February 2003  the Urus-Martan district department of the Federal Security Service  (the FSB) and the Chechnya FSB informed the investigators that they  had not arrested or detained Magomed-Ali Abayev and Anvar Shaipov and  had not opened criminal proceedings against them.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">45.\u00a0\u00a0On 24 February 2003 the  investigators conducted a crime scene examination in the building of  the former clothing factory. Nothing was collected from the scene.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">46.\u00a0\u00a0In February 2003 the  Achkhoy-Martan  district prosecutor&#8217;s office, the Kurchaloy district prosecutor&#8217;s  office,  the Shali district prosecutor&#8217;s office and the Nadterechniy district  prosecutor&#8217;s office informed the investigators that they had not opened  criminal proceedings against Magomed-Ali Abayev and Anvar Shaipov; that  they had not arrested or detained them and that their corpses had not  been found in their districts.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">47.\u00a0\u00a0On various dates in 2003  the Main Department of the Ministry of the Interior in the Southern  Federal Circuit, the Argun ROVD, the Sharoy ROVD, the Itum-Kali ROVD,  the Naurskiy ROVD, the Kurchloy ROVD, the Shatoy ROVD, the Itum-Kali  ROVD and the Zavodskoy ROVD of Grozny informed the investigators that  they had no information concerning the arrest or detention of  Magomed-Ali  Abayev and Anvar Shaipov.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">48.\u00a0\u00a0According to the  information  received from the above-mentioned law-enforcement agencies, military  unit no.\u00a06779 had not been stationed at the headquarters of the former  clothing factory in Urus-Martan.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">49.\u00a0\u00a0On 5 April 2003 the  investigators  suspended the investigation in the criminal case for failure to  establish  the identities of the perpetrators. The applicants were informed about  this decision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">50.\u00a0\u00a0On 10 March 2004 the first   applicant complained to the district prosecutor&#8217;s office about the  abduction  of her son and requested that the authorities open a criminal  investigation  into the incident.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">51.\u00a0\u00a0On 11 March 2004 the  investigators  informed the first applicant that in connection with the abduction they  had already opened a criminal case, on 5 February 2003.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">52.\u00a0\u00a0On 11 October 2004 the  first  applicant requested that the district prosecutor&#8217;s office provided her  with full access to the investigation file. The investigators replied  that she was entitled to access only upon completion of the criminal  investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">53.\u00a0\u00a0On 20 January 2006 the  investigators  again questioned the first applicant, who stated that on 13 September  2000 her son Magomed-Ali Abayev and her relative Anvar Shaipov had been  arrested at the checkpoint situated in Lenin Street in Urus-Martan and  taken into the former clothing factory. Referring to the information  received by her from the witness to the incident, Mr M.A., Magomed-Ali  Abayev and Anvar Shaipov had been stopped by the servicemen who had  manned the checkpoint. At first the officers had taken the two men&#8217;s  documents and taken them into the building; a few minutes later  Magomed-Ali  Abayev and Anvar Shaipov had been taken into the factory. Immediately  afterwards Mr M.A. had arrived at the applicant&#8217;s house and told her  that Magomed-Ali Abayev and Anvar Shaipov had been detained at the  checkpoint.  The applicant had gone immediately to the checkpoint and asked the  servicemen  about Magomed-Ali Abayev and Anvar Shaipov. The officers told her that  the two men were \u201cbeing checked\u201d and that they would be released  soon. The applicant decided to wait for Magomed-Ali Abayev and Anvar  Shaipov at the checkpoint. While she was waiting, a grey UAZ vehicle  without registration numbers and with darkened windows drove into the  factory&#8217;s yard. About five minutes later the car left the factory and  drove in the direction of the town centre. Then the soldiers at the  checkpoint told the applicant that they had released Magomed-Ali Abayev  and Anvar Shaipov through the gates located on the other side of the  building, in Krasnoarmeyskaya Street. According to the witness, at the  time the checkpoint was being manned by officers of law-enforcement  agencies from Yaroslavl and the Yaroslavl Region. The applicant further  stated that at some point later Mr M.A. had moved abroad and that her  husband, Mr V.A., had died in June 2003.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">54.\u00a0\u00a0On 24 January 2006 the  investigators  conducted a crime scene examination at the former clothing factory.  Nothing was collected from the scene. According to the transcript, on  the date of the examination, a special task force unit of the police  (the OMON) from the Kostroma Region was stationed in the factory  building.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">55.\u00a0\u00a0In January 2007 the  investigators  forwarded a number of information requests to various detention centres  in Northern Caucasus and the nearby regions. According to the replies  from the detention centres in the Kalmyk Republic, the Volgograd region,   the Republic of Adigey, the Astrakhan region, the Republic of Dagestan,  the Republic of Kabardino-Balkaria, the Krasnodar region, the Rostov  region and the Stavropol region Magomed-Ali Abayev and Anvar Shaipov  were not detained on their premises.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">56.\u00a0\u00a0On 25 January 2007 the  investigators  questioned officer Z. who stated that since September 2006 he had been  working in Urus-Martan, in the police station located in the building  of the former clothing factory. He had previously worked there from  November 2003 to April 2004 and during this period of his service  Magomed-Ali  Abayev and Anvar Shaipov had not been arrested or detained on the  factory  premises. At the time a two-storey security post guarding the factory  premises had been set up by Russian federal forces in front of the  building.  The only entrance to the security post had been through the factory  building. The witness further stated that he did not know which  law-enforcement  agency had been stationed in the factory building in 2000.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">57.\u00a0\u00a0On 31 January 2007 the  investigators  questioned the first applicant&#8217;s neighbour, Ms Kh. Kh., who stated that  at about 5 p.m. on 13 September 2000 she had been at home when she had  seen Magomed-Ali Abayev and Anvar Shaipov walking by her house. She  had gone into the street and seen the two men next to the checkpoint  situated in the former clothing factory. According to the witness, at  the time servicemen of a law-enforcement agency were manning the  checkpoint.  The witness had walked to the checkpoint and seen Magomed-Ali Abayev  and Anvar Shaipov going into the checkpoint building. Then a UAZ car  had passed by her, pulled into the factory&#8217;s yard and driven away  shortly  afterwards. After she had arrived at the checkpoint, she had seen  relatives  of Magomed-Ali Abayev and Anvar Shaipov who had been waiting for the  two men. The servicemen on duty had told them that they had already  released Magomed-Ali Abayev and Anvar Shaipov and that the two men were  waiting for their relatives on the other side of the checkpoint, in  Krasnoarmeyskaya Street. The witness also stated that her son Mr M.A.  had witnessed all the events and that he had moved abroad at some point  later.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">58.\u00a0On 7 February 2007 the  Department  of the Execution of Punishment of the Republic of Karachay-Cherkessia  informed the investigators that they had not detained the applicants&#8217;  relatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">59.\u00a0\u00a0On 7 February 2007 the  investigators  questioned the applicants&#8217; relative Mr A. Zh., who stated that at about  5 p.m. on 13 September 2000 he had gone to the town centre of  Urus-Martan  to buy cigarettes. On the way there, next to the checkpoint situated  in the former clothing factory, he had seen a crowd of local residents,  who had told him that the servicemen at the checkpoint had arrested  Magomed-Ali Abayev and Anvar Shaipov; that the two men had been taken  into the factory yard; that a few minutes later a UAZ car had driven  into the yard and that the two men had been taken away in this car.  Then he had gone to the fourth applicant&#8217;s house and told her about  the arrest.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">60.\u00a0\u00a0On 11 February 2007 the  investigators questioned the fourth applicant&#8217;s daughter, Ms L.Sh.,  who stated that at about 5 p.m. on 13\u00a0September 2000 their relative Mr  A. Zh. had arrived at their house and told her about the arrest of Anvar   Shaipov. She had immediately informed her relatives about it. The fourth   applicant and other relatives had gone to the checkpoint, while the  witness stayed at home. The witness further stated that Mr R.G. had  witnessed how the two men had been taken into the factory by the  servicemen,  and provided the investigators with his address. She also stated that  her relatives had complained about the abduction to various state  authorities  in 2000, but that the latter had failed to take measures to establish  the whereabouts of the disappeared men. In connection with this she  offered to provide the investigators with copies of letters from the  district prosecutor&#8217;s office of 10 October 2000 and 28\u00a0February 2002  and from another law-enforcement agency of 19 August 2002, which  confirmed  the fact that her relatives had then informed the authorities about  the abduction, but no tangible measures had been taken.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">61.\u00a0\u00a0On 14 February 2007 the  investigators questioned the fourth applicant, who stated that at about  5 p.m. on 13 September 2000 she had learnt from Ms R.Zh. that  Magomed-Ali  Abayev and Anvar Shaipov had been arrested by servicemen at the  checkpoint  located in Lenin Street, in the former clothing factory. The witness  had immediately gone there with her relatives. At the checkpoint she  had met relatives of Magomed-Ali Abayev. She had learnt from the first  applicant that at about 4 p.m. Magomed-Ali Abayev and Anvar Shaipov  had been stopped at the checkpoint for an identity check and then taken  to the factory; after that a UAZ vehicle had driven into the factory  yard and Magomed-Ali Abayev and Anvar Shaipov had been taken away in  this car. According to the witness, after she had spoken with the first  applicant, the servicemen at the checkpoint had informed them that  Magomed-Ali  Abayev and Anvar Shaipov had been released from the checkpoint through  the other gates, in Krasnoarmeyskaya Street. After that incident her  son had disappeared. The witness further stated that in October 2001  a man of average height, who must have been twenty-six or twenty-seven  years old, had arrived at her house and told her that two days ago he  had been leaving the headquarters of the 245<sup>th<\/sup><\/span> regiment of  the federal forces under the command of General Shamanov and that he  had seen Anvar Shaipov there. The latter asked him to inform his family  that he was there. The witness had not seen the young man again. In  2002 a woman had arrived at the applicant&#8217;s house and told her that  her son Anvar Shaipov had been detained in the Chernokozovo detention  centre in Chechnya. After that the applicant had twice visited the  detention  centre where he had been told that her son had not been detained there.  She did not hear any news about her disappeared son ever since. On 8  June 2007 the investigators again questioned the fourth applicant, who  confirmed her previous statement.<\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">62.\u00a0\u00a0On 16 February 2007 the  investigators questioned the first applicant&#8217;s neighbour, Mr R.G., who  stated that at the material time he had lived across the street from  the first applicant&#8217;s house. A federal forces checkpoint was next to  the former clothing factory; the servicemen manning the checkpoint lived   in the factory building. On 13 September 2000 he had been repairing  the house gates. Magomed-Ali Abayev and Anvar Shaipov had greeted him  and walked by in the direction of the town centre. Then he had seen  that the two men had been stopped at the checkpoint and that the  servicemen  had asked for their identity documents. After Magomed-Ali Abayev and  Anvar Shaipov had provided their documents, one of the servicemen had  taken them into the building. Meanwhile he approached Magomed-Ali Abayev   and Anvar Shaipov and asked them what was happening. Magomed-Ali Abayev  explained to him that the servicemen frequently stopped pedestrians  for identity checks and that there was nothing to worry about. After  that the servicemen asked Magomed-Ali Abayev and Anvar Shaipov to go  into the building and the two men went inside. About ten minutes later  he asked one of the officers what was taking so long and why Magomed-Ali   Abayev and Anvar Shaipov had not come back. The servicemen called  someone  on the phone and told him that the two men would be released shortly.  Then he went to the applicants and informed them about their relatives&#8217;  arrest. As the relatives of Magomed-Ali Abayev were approaching the  checkpoint, a military UAZ-469 vehicle without a registration number  was driving away from the factory premises. The witness said he did  not see any passengers in the car, just the driver. When the relatives  of Magomed-Ali Abayev arrived at the checkpoint, the servicemen on duty  told them that the two men had been released from the factory building  at the other gates, in Krasnoarmeyskaya Street. Nonetheless, when the  witness expressed disbelief and asked one of the officers: \u201cYou saw  the two men being taken into the factory?\u201d and the latter replied:  \u201cthere is no need to involve me in this, those who arrested the two  men, they are from another agency\u201d and added that the men who had  arrested the applicants&#8217; relatives were from military intelligence.  The witness further stated that on 13 September 2000 servicemen wearing  a particular kind of camouflage uniform called \u201cdesert storm\u201d (&#8216;\u0431\u0443\u0440\u044f  \u0432 \u043f\u0443\u0441\u0442\u044b\u043d\u0435&#8217;), had been present at the checkpoint  along with its regular staff and that these men had arrested Magomed-Ali   Abayev and Anvar Shaipov.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">63.\u00a0\u00a0On 21 June 2007 the  investigators  questioned Magomed-Ali Abayev&#8217;s brother, Mr M.A., who stated that at  about 4.30 p.m. on 13\u00a0September 2000 his family had been informed about  the arrest of Magomed-Ali Abayev and Anvar Shaipov by men in military  uniform at the checkpoint located next to the former clothing factory.  According to the witness, the guard at the checkpoint had explained  to him that those who had arrested the applicants&#8217; relatives had shown  military intelligence identity documents and taken Magomed-Ali Abayev  and Anvar Shaipov into the factory. After that a UAZ car with darkened  windows had arrived at the building, Magomed-Ali Abayev and Anvar  Shaipov  had been taken outside, placed in the vehicle and taken to an unknown  destination.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">64.\u00a0\u00a0On 14 June 2007 the  investigators  questioned the first applicant&#8217;s neighbour, Mr Z.M., who stated that  on 13 September 2000 his relatives had informed him about the arrest  of Magomed-Ali Abayev and Anvar Shaipov at about 5 p.m. at the  checkpoint  situated next to the former clothing factory. According to the witness,  Anvar Shaipov had not participated in activities of illegal armed  groups.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">65.\u00a0\u00a0On 1 July 2007 the  investigators  questioned the fourth applicant&#8217;s relative Ms T. Sh., whose statement  was similar to the one given by Mr\u00a0Z.M.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">66.\u00a0\u00a0According   to the Government&#8217;s submission, the investigation failed to establish  the whereabouts of Magomed-Ali Abayev and Anvar Shaipov. However, it  found no evidence to support the involvement of Russian federal forces  in the disappearance. The law enforcement authorities of Chechnya and  the neighbouring regions had never arrested or detained Magomed-Ali  Abayev and Anvar Shaipov on criminal or administrative charges and had  not carried out a criminal investigation in respect of them. No special  operations had been carried out against the applicants&#8217; relatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">67.\u00a0\u00a0According   to the documents submitted by the Government, the investigation in the  criminal case was suspended and resumed on several occasions, and has  so far failed to identify those responsible for the abduction of  Magomed-Ali  Abayev and Anvar Shaipov.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">68.\u00a0\u00a0The Government further  submitted  that the applicants had been duly informed of all decisions taken during   the investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">69.\u00a0\u00a0Despite   specific requests by the Court the Government did not disclose most  of the contents of criminal case no.\u00a034013, but mainly provided copies  of the information requests forwarded to various law-enforcement  agencies  and their replies, and copies of several witness statements, summarised  above. The Government stated that the investigation was in progress  and that disclosure of other documents would be in violation of Article  161 of the Code of Criminal Procedure, since the file contained personal   data concerning witnesses or other participants in the criminal  proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0\u00a0Proceedings against law-enforcement  officials<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">70.\u00a0\u00a0On   23 October 2004 the first applicant complained to the Urus-Martan town  court. She sought a ruling obliging the investigators to provide her  with access to the investigation file, to resume the investigation and  to conduct it thoroughly and effectively. In her complaint she referred  to the Constitution and the case-law of the European Court of Human  Rights. On 22 November 2004 the town court rejected her claim. The  applicant  appealed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">On   8 February 2005 the Supreme Court of the Chechen Republic upheld the  town court&#8217;s ruling. The text of the Supreme Court decision stated, inter alia, the following:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c&#8230;it follows from the contents of  the investigation file that on 13 September 2000 representatives of  Russian power structures had arrested M.-A. Abayev along with other  persons and that in connection with this the criminal case was opened  under Article 126 of the Criminal Code&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0RELEVANT DOMESTIC LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">71.\u00a0\u00a0For   a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia  (no. 40464\/02, \u00a7\u00a7\u00a067-69,  10\u00a0May 2007).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0\u00a0\u00a0\u00a0 PRELIMINARY ISSUES<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The second applicant&#8217;s complaints<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">72.\u00a0\u00a0The   Court notes that in their submission of 1 September 2008 the applicants&#8217;   representatives informed it that the second applicant (Ms\u00a0Raminat  Zhansayeva)  did not intend to pursue the application before the Court. The other  applicants did not express their wish to pursue the application on her  behalf.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">73.\u00a0\u00a0Article   37\u00a0\u00a7\u00a01 of the Convention, in its relevant part, reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1. The Court may at any stage of the  proceedings decide to <a name=\"01000001\"><\/a>strike an application out  of its  list of cases where the circumstances lead to the conclusion that&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0&#8230; it is no longer justified to  continue  the examination of the application&#8230;\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The   Court reiterates that it has been its practice to strike applications  out of the list of cases in the absence of a close relative who has  expressed a wish to pursue the application (see Scherer v.\u00a0Switzerland, 25 March  1994, \u00a7 31, Series A no. 287; Karner v. Austria, no. 40016\/98, \u00a7  23, ECHR\u00a02003-IX; and Thevenon v. France (dec.),  no.\u00a02476\/02, ECHR\u00a02006-III).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">74.\u00a0\u00a0The   Court finds no special circumstances relating to respect for human  rights  as defined in the Convention and its Protocols which require it to  continue  the examination of the application in respect of the second applicant.  Accordingly, the application should be struck out of the Court&#8217;s list  of cases in so far as it relates to this applicant.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><a name=\"01000002\"><\/a>B.   The Government&#8217;s objection regarding non-exhaustion of domestic remedies<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">75.\u00a0\u00a0The   Government contended that the complaint should be declared inadmissible  for non-exhaustion of domestic remedies. They submitted that the  investigation  into the disappearance of Magomed-Ali Abayev and Anvar Shaipov had not  yet been completed; that the applicants could challenge in court any  acts or omissions on the part of the investigating authorities, and  that they had already availed themselves of that remedy. The Government  also argued that it was open to the applicants to pursue civil  complaints  but that they had failed to do so.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">76.\u00a0\u00a0The applicants  contested that objection. They stated that the only effective remedy  in their case &#8211; criminal investigation &#8211; had proved to be ineffective  and that their complaints to that effect, including their application  to the domestic courts, had been futile.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">77.\u00a0\u00a0The   Court will examine the arguments of the parties in the light of the  provisions of the Convention and its relevant practice (for a relevant  summary, see Estamirov and Others v. Russia, no.  60272\/00, \u00a7\u00a7 73-74, 12\u00a0October  2006).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">78.\u00a0\u00a0   The Court notes that the Russian legal system provides, in principle,  two avenues of recourse for victims of illegal and criminal acts  attributable  to the State or its agents, namely civil and criminal remedies.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">79.\u00a0\u00a0As   regards a civil action to obtain redress for damage sustained through  alleged illegal acts or unlawful conduct of State agents, the Court  has already found in a number of similar cases that this procedure alone   cannot be regarded as an effective remedy in the context of claims  brought  under Article 2 of the Convention (see Khashiyev and Akayeva v.\u00a0Russia,  nos.\u00a057942\/00 and 57945\/00,  \u00a7\u00a7\u00a0119-121, 24 February 2005, and Estamirov and Others, cited above,  \u00a7\u00a077). In the light of the  above, the Court confirms that the applicants were not obliged to pursue   civil remedies. The Government&#8217;s objection in this regard is thus  dismissed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">80.\u00a0\u00a0As   regards criminal law remedies, the Court observes that the applicants  complained to the law enforcement authorities after the kidnapping of  Magomed-Ali Abayev and Anvar Shaipov and that an investigation has been  pending since 6 February 2003. The applicants and the Government dispute   the effectiveness of the investigation of the kidnapping.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">81.\u00a0\u00a0The   Court considers that the Government&#8217;s objection raises issues concerning   the effectiveness of the investigation which are closely linked to the  merits of the applicants&#8217; complaints. Thus, it decides to join this  objection to the merits of the case and considers that the issue falls  to be examined below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0THE COURT&#8217;S ASSESSMENT OF THE  EVIDENCE AND THE ESTABLISHMENT OF THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; arguments<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">82.\u00a0\u00a0The   applicants maintained that it was beyond reasonable doubt that on 13  September 2000 their relatives Magomed-Ali Abayev and Anvar Shaipov  had been arrested by State agents at the checkpoint of Russian military  forces and that they had been missing ever since. In support of their  complaint they referred to a number of witness statements confirming  that their relatives had been stopped for an identity check at the  checkpoint  located at the former clothing factory, that after that they had been  taken inside the factory building and had not come out. The applicants  stated that all the information disclosed from the criminal  investigation  file supported their assertion as to the involvement of State agents  in the abduction. In connection with this they referred to the decision  of the Chechnya Supreme Court (see paragraph 70 above), which confirmed  in its text that Magomed\u00a0Ali Abayev and Anvar Shaipov had been arrested  at the checkpoint. They further contended that since their relatives  had been missing for a very lengthy period they could be presumed dead.  That presumption was further supported by the circumstances in which  they had been arrested, which should be recognised as life-threatening.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">83.\u00a0\u00a0The   Government submitted that unidentified armed men, possibly criminals  or members of illegal armed groups, had kidnapped Magomed-Ali Abayev  and Anvar Shaipov. They further contended that the investigation of  the incident was pending, that there was no evidence that the men were  State agents and that there were therefore no grounds for holding the  State liable for the alleged violations of the applicants&#8217; rights. They  further argued that there was no convincing evidence that the  applicants&#8217;  relatives were dead and pointed out that the applicants had complained  to the authorities about the abduction only in 2002, that is two years  after the incident. The Government further alleged that the applicants&#8217;  description of the circumstances surrounding the abduction was  inconsistent.  In particular, the applicants were inconsistent in their description  of the colour of the UAZ vehicle which had arrived at the checkpoint;  that according to Mr R.G. the car had driven away without any  passengers,  whereas Ms Kh. Kh. had stated that it had taken away Magomed-Ali Abayev  and Anvar Shaipov; the fourth applicant had stated that Magomed-Ali  Abayev and Anvar Shaipov had been arrested by men in civilian clothing,  whereas in their complaints to the authorities the applicants described  the abductors as men in military uniforms.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s evaluation of the facts<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">84.\u00a0\u00a0The   Court observes that in its extensive jurisprudence it has developed  a number of general principles relating to the establishment of facts  in dispute, in particular when faced with allegations of disappearance  under Article 2 of the Convention (for a summary of these, see Bazorkina v.\u00a0Russia, no. 69481\/01, \u00a7\u00a7\u00a0103-109,  27 July 2006). The Court  also notes that the conduct of the parties when evidence is being  obtained  has to be taken into account (see Ireland  v. the United Kingdom, \u00a7 161, Series A no.\u00a025).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">85.\u00a0\u00a0The   Court notes that despite its requests for a copy of the investigation  file into the abduction of Magomed-Ali Abayev and Anvar Shaipov, the  Government produced only some of the documents from the case file. The  Government referred to Article 161 of the Code of Criminal Procedure.  The Court observes that in previous cases it has already found this  explanation insufficient to justify the withholding of key information  requested by the Court (see Imakayeva v. Russia, no. 7615\/02, \u00a7  123, ECHR\u00a02006-VIII (extracts)).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">86.\u00a0\u00a0In   view of this and bearing in mind the principles referred to above, the  Court finds that it can draw inferences from the Government&#8217;s conduct  in respect of the well-foundedness of the applicants&#8217; allegations. The  Court will thus proceed to examine crucial elements in the present case  that should be taken into account when deciding whether the applicants&#8217;  relatives can be presumed dead and whether their deaths can be  attributed  to the authorities.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">87.\u00a0\u00a0The   applicants alleged that the persons who had arrested Magomed-Ali Abayev  and Anvar Shaipov on 13\u00a0September 2000 and then killed had been State  agents.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">88.\u00a0\u00a0The Government suggested  in their submissions that the abductors of Magomed-Ali Abayev and Anvar  Shaipov may have been criminals or members of paramilitary groups.  However,  this allegation was not specific and the Government did not submit any  material to support it. The Court would stress in this regard that the  evaluation of the evidence and the establishment of the facts is a  matter  for the Court, and it is incumbent on it to decide on the evidentiary  value of the documents submitted to it (see \u00c7elikbilek  v. Turkey, no.\u00a027693\/95, \u00a7\u00a071, 31\u00a0May 2005).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">89.\u00a0\u00a0The Court notes that the  applicants&#8217; allegation is supported by the witness statements collected  by the applicants and by the investigation. It also notes that it is  common ground between the parties that the applicants&#8217; relatives had  been arrested at the checkpoint on 13 September 2000 and that afterwards   they had disappeared. The domestic investigation also accepted factual  assumptions as presented by the applicants and took steps to check  whether  law-enforcement agencies or military units had been involved in the  disappearance of Magomed-Ali Abayev and Anvar Shaipov (see paragraphs  22, 44, 46-48, 55 and 58 above), but it does not appear that any serious   steps were taken in that direction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">90.\u00a0\u00a0The Government questioned  the credibility of the applicants&#8217; statements in view of certain  discrepancies  relating to the exact circumstances of the incident. The Court notes  in this respect that no other elements underlying the applicants&#8217;  submissions  of facts have been disputed by the Government. In the Court&#8217;s view,  the fact that over a period of several years the applicants&#8217;  recollection  of an extremely traumatic and stressful event differed in rather  insignificant  details does not in itself suffice to cast doubt on the overall veracity   of their statements.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">91.\u00a0\u00a0The   Court observes that where the applicants make out a prima facie case  and the Court is prevented from reaching factual conclusions owing to  a lack of relevant documents, it is for the Government to argue  conclusively  why the documents in question cannot serve to corroborate the  allegations  made by the applicants, or to provide a satisfactory and convincing  explanation of how the events in question occurred. The burden of proof  is thus shifted to the Government and if they fail in their arguments,  issues will arise under Article 2 and\/or Article 3 (see To\u011fcu v. Turkey, no.\u00a027601\/95, \u00a7\u00a095,  31 May 2005, and Akkum and Others v. Turkey,  no.\u00a021894\/93, \u00a7\u00a0211, ECHR 2005-II).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">92.\u00a0\u00a0Taking   into account the above elements, the Court is satisfied that the  applicants  have made a prima facie case that their relatives were arrested by State   servicemen. The Government&#8217;s statement that the investigators had not  found any evidence to support the involvement of the federal forces  in the kidnapping is insufficient to discharge them from the  above-mentioned  burden of proof. Having examined the documents submitted by the parties,   and drawing inferences from the Government&#8217;s failure to submit the  remaining  documents which were in their exclusive possession or to provide another   plausible explanation for the events in question, the Court finds that  Magomed-Ali Abayev and Anvar Shaipov were arrested on 13\u00a0September 2000  by State servicemen at the checkpoint located on Lenin Street in  Urus-Martan.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">93.\u00a0\u00a0There has been no reliable   news of Magomed-Ali Abayev and Anvar Shaipov since the date of the  kidnapping.  Their names have not been found in any official detention facility  records.  Finally, the Government have not submitted any explanation as to what  happened to them after their arrest.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">94.\u00a0\u00a0Having   regard to the previous cases concerning disappearances in Chechnya which   have come before it (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia,  no.\u00a069480\/01, ECHR 2006-VIII (extracts); Baysayeva v.\u00a0Russia, no. 74237\/01, 5  April 2007; Akhmadova and Sadulayeva, cited  above; and Alikhadzhiyeva v. Russia,  no.\u00a068007\/01, 5\u00a0July 2007), the Court  finds that in the context of the conflict in the Republic, when a person   is detained by unidentified servicemen without any subsequent  acknowledgment  of the detention, this can be regarded as life-threatening. The absence  of Magomed-Ali Abayev and Anvar Shaipov or of any news of them for more  than nine years supports this assumption.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">95.\u00a0\u00a0Accordingly,   the Court finds that the evidence available permits it to establish  that Magomed-Ali Abayev and Anvar Shaipov must be presumed dead  following  their unacknowledged detention by State servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">III.\u00a0ALLEGED VIOLATION OF ARTICLE  2 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">96.\u00a0\u00a0The   applicants complained under Article 2 of the Convention that their  relatives  had been deprived of their lives by Russian servicemen and that the  domestic authorities had failed to carry out an effective investigation  of the matter. Article 2 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0Everyone&#8217;s right to life shall be protected  by law. No one shall be deprived of his life intentionally save in the  execution of a sentence of a court following his conviction of a crime  for which this penalty is provided by law.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Deprivation of life shall not be regarded as  inflicted in contravention of this article when it results from the  use of force which is no more than absolutely necessary:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0in defence of any person from unlawful  violence;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0in order to effect a lawful arrest or to  prevent  the escape of a person lawfully detained;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0in action lawfully taken for the purpose of  quelling a riot or insurrection.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">97.\u00a0\u00a0The Government contended  that the domestic investigation had obtained no evidence to the effect  that Magomed-Ali Abayev and Anvar Shaipov were dead or that any  servicemen  of the federal law-enforcement agencies had been involved in their  kidnapping  or alleged killing. The Government claimed that the investigation into  the kidnapping of the applicants&#8217; relatives met the Convention  requirement  of effectiveness, as all measures available under national law were  being taken to identify those responsible. They further alleged that  the applicants and the witnesses had impeded the investigation of the  abduction by belatedly informing the investigators about the special  uniform of the officers who had allegedly taken away Magomed-Ali Abayev  and Anvar Shaipov and about the young men and the woman who had informed   the fourth applicant about her son&#8217;s alleged whereabouts.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">98.\u00a0\u00a0The applicants argued that   Magomed-Ali Abayev and Anvar Shaipov had been detained by State  servicemen  and should be presumed dead in the absence of any reliable news of them  for several years. The applicants also argued that the investigation  had not met the effectiveness and adequacy requirements, laid down by  the Court&#8217;s case-law. For instance, the criminal investigation into  the abduction had been opened more than two years after the incident;  the investigators had failed to take such crucial investigative steps,  as identification and questioning of officers who had been stationed  in the building of the former clothing factory and establishing which  military units manned the checkpoint at the time. The applicants further   argued that the investigation of the abduction had been suspended and  resumed a number of times \u2013 thus delaying the taking of the most basic  steps \u2013 and that they had not been properly informed of the most  important  investigative measures. The fact that the investigation had been pending   for such a long period of time without producing any known results was  further proof of its ineffectiveness. They also invited the Court to  draw conclusions from the Government&#8217;s unjustified failure to submit  the documents from the case file to them or to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">99.\u00a0\u00a0The   Court considers, in the light of the parties&#8217; submissions, that the  complaint raises serious issues of fact and law under the Convention,  the determination of which requires an examination of the merits.  Further,  the Court has already found that the Government&#8217;s objection concerning  the alleged non-exhaustion of domestic remedies should be joined to  the merits of the complaint (see paragraph 81 above). The complaint  under Article 2 of the Convention must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0The alleged violation of the right to  life  of Magomed-Ali Abayev and Anvar Shaipov<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">100.\u00a0\u00a0The Court has already found that the applicants&#8217; relatives must  be presumed dead following unacknowledged detention by State servicemen.   In the absence of any justification put forward by the Government, the  Court finds that their deaths can be attributed to the State and that  there has been a violation of Article 2 in respect of Magomed-Ali Abayev   and Anvar Shaipov.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0The alleged inadequacy of the  investigation  of the kidnapping<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">101.\u00a0\u00a0The   Court has on many occasions stated that the obligation to protect the  right to life under Article 2 of the Convention also requires by  implication  that there should be some form of effective official investigation when  individuals have been killed as a result of the use of force. It has  developed a number of guiding principles to be followed for an  investigation  to comply with the Convention&#8217;s requirements (for a summary of these  principles see Bazorkina, cited above, \u00a7\u00a7\u00a0117-119).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">102.\u00a0\u00a0In   the present case, the kidnapping of Magomed-Ali Abayev and Anvar Shaipov   was investigated. The Court must assess whether that investigation met  the requirements of Article 2 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">103.\u00a0\u00a0The   Court notes at the outset that most of the documents from the  investigation  were not disclosed by the Government. It therefore has to assess the  effectiveness of the investigation on the basis of the few documents  submitted by the parties and the information about its progress  presented  by the Government.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">104.\u00a0\u00a0The   Court notes that the authorities were made aware of the crime by the  applicants&#8217; submissions by 1 October 2000 as on the latter date the  district prosecutor&#8217;s office forwarded the fourth applicant&#8217;s complaint  to the ROVD and requested them to open an operational-search file to  establish the whereabouts of Anvar Shaipov (see paragraphs 20-22 above).   The investigation in case no. 34013 was instituted on 6 February 2003,  that is more than two years and four months after Magomed-Ali Abayev  and Anvar Shaipov&#8217;s abduction. Such a postponement per se was liable to affect the  investigation of the kidnapping  in life-threatening circumstances, where crucial action has to be taken  in the first days after the event. It appears that after that a number  of essential steps were not taken at all. For instance, the  investigators  had failed to establish which military units had been stationed at the  former clothing factory in Urus-Martan at the material time; they had  not identified and questioned the servicemen who had been manning the  checkpoint on 13 September 2000. Furthermore, it does not appear that  the investigators had attempted to identify and question the owners  of the UAZ vehicle which had driven on the checkpoint&#8217;s premises at  the time of the incident. The Court also notes that the investigators  questioned the fourth applicant only in February 2007 (see paragraph  61 above); they had questioned the majority of witnesses to the  abduction  (see paragraphs 53, 57, 59, 60-64 above) only in 2006 and 2007 that  is more than three years after the opening of the criminal  investigation.  Even then, having obtained the fourth applicant&#8217;s statement concerning  the possible detention of her son at the Chernokozovo detention centre  in 2002 (see paragraph 61 above), the investigators failed to check  this submission and request information from the centre. It is obvious  that these investigative measures, if they were to produce any  meaningful  results, should have been taken immediately after the crime was reported   to the authorities, as soon as the investigation commenced and the  relevant  information was obtained. Such delays, for which there has been no  explanation  in the instant case, not only demonstrate the authorities&#8217; failure to  act of their own motion but also constitute a breach of the obligation  to exercise exemplary diligence and promptness in dealing with such  a serious matter (see \u00d6nery\u0131ld\u0131z v.  Turkey [GC], no. 48939\/99, \u00a7 94, ECHR 2004-XII).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">105.\u00a0\u00a0The   Court also notes that even though the first and fourth applicants were  granted victim status in the criminal case concerning the abduction  of their relatives, they were only informed of the suspensions and  resumptions  of the proceedings, and not of any other significant developments.  Accordingly,  the investigators failed to ensure that the investigation received the  required level of public scrutiny, or to safeguard the interests of  the next of kin in the proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">106.\u00a0\u00a0Finally,   the Court notes that the investigation was suspended and resumed on  numerous occasions and that there were lengthy periods of inactivity  on the part of the prosecutor&#8217;s office when no proceedings were pending.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">107.\u00a0\u00a0Having  regard to the limb of the Government&#8217;s preliminary objection that was  joined to the merits of the complaint, inasmuch as it concerns the fact  that the domestic investigation is still pending, the Court notes that  the investigation, having being repeatedly suspended and resumed and  plagued by inexplicable delays, has been pending for many years without  producing any results. Accordingly, the Court finds that the remedy  relied on by the Government was ineffective in the circumstances and  dismisses their preliminary objection.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">108.\u00a0\u00a0In   the light of the foregoing, the Court holds that the authorities failed  to carry out an effective criminal investigation into the circumstances  surrounding the disappearance of Magomed-Ali Abayev and Anvar Shaipov,  in breach of Article\u00a02 in its procedural aspect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">IV.\u00a0ALLEGED VIOLATION OF ARTICLE  3 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">109.\u00a0\u00a0The   applicants relied on Article 3 of the Convention, submitting that as  a result of their relatives&#8217; disappearance and the State&#8217;s failure to  investigate it properly they had endured mental suffering in breach  of Article 3 of the Convention. Article 3 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cNo one shall be subjected to torture or to  inhuman or degrading treatment or punishment.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">110.\u00a0\u00a0The Government disagreed  with these allegations and argued that the authorities&#8217; responses to  the applicants&#8217; complaints could not be regarded as inhuman and  degrading  treatment. They further stated that the applicants had failed to specify   in what way the authorities&#8217; responses had caused their mental  suffering.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">111.\u00a0\u00a0The   applicants maintained their submissions.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">112.\u00a0\u00a0The   Court notes that this complaint under Article 3 of the Convention is  not manifestly ill-founded within the meaning of Article 35 \u00a7\u00a03 of the  Convention. It further notes that it is not inadmissible on any other  grounds. It must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">113.\u00a0\u00a0The   Court has found on many occasions that in a situation of enforced  disappearance  close relatives of the victim may themselves be victims of treatment  in violation of Article 3. The essence of such a violation does not  mainly lie in the fact of the \u201cdisappearance\u201d of the family member  but rather concerns the authorities&#8217; reactions and attitudes to the  situation when it is brought to their attention (<a name=\"01000003\"><\/a>see  <a name=\"01000004\"><\/a>Orhan v. Turkey, no.\u00a025656\/94,  \u00a7\u00a0358, 18 June 2002, and Imakayeva, cited above, \u00a7\u00a0164).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">114.\u00a0\u00a0In   the present case the Court notes that the applicants are close relatives   of the disappeared men. For more than nine years they have not had any  news of the missing men. During this period the applicants have made  enquiries of various official bodies, both in writing and in person,  about their missing relatives. Despite their attempts, the applicants  have never received any plausible explanation or information about what  became of them following their arrest. The responses they received  mostly  denied State responsibility for their relatives&#8217; arrest or simply  informed  them that the investigation was ongoing. The Court&#8217;s findings under  the procedural aspect of Article 2 are also of direct relevance here.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">115.\u00a0\u00a0The   Court therefore concludes that there has been a violation of Article  3 of the Convention in respect of the applicants.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">V.\u00a0ALLEGED VIOLATION OF ARTICLE 5  OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">116.\u00a0\u00a0The   applicants further stated that Magomed-Ali Abayev and Anvar Shaipov  had been detained in violation of the guarantees contained in Article  5 of the Convention, which reads, in so far as relevant:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0Everyone has the right to liberty and  security  of person. No one shall be deprived of his liberty save in the following   cases and in accordance with a procedure prescribed by law&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0the lawful arrest or detention of a person  effected for the purpose of bringing him before the competent legal  authority on reasonable suspicion of having committed an offence or  when it is reasonably considered necessary to prevent his committing  an offence or fleeing after having done so;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Everyone who is arrested shall be informed  promptly, in a language which he understands, of the reasons for his  arrest and of any charge against him.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Everyone arrested or detained in accordance  with the provisions of paragraph\u00a01\u00a0(c) of this Article shall be brought  promptly before a judge or other officer authorised by law to exercise  judicial power and shall be entitled to trial within a reasonable time  or to release pending trial. Release may be conditioned by guarantees  to appear for trial.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Everyone who is deprived of his liberty by  arrest or detention shall be entitled to take proceedings by which the  lawfulness of his detention shall be decided speedily by a court and  his release ordered if the detention is not lawful.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0Everyone who has been the victim of arrest  or detention in contravention of the provisions of this Article shall  have an enforceable right to compensation.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">117.\u00a0\u00a0The Government asserted  that no evidence had been obtained by the investigators to confirm that  Magomed-Ali Abayev and Anvar Shaipov had been deprived of their liberty.   They were not listed among the persons kept in detention centres and  none of the regional law-enforcement agencies had information about  their detention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">118.\u00a0\u00a0The applicants reiterated   the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">119.\u00a0\u00a0The Court notes that this complaint is not manifestly ill-founded  within the meaning of Article 35 \u00a7 3 of the Convention. It further  notes that the complaint is not inadmissible on any other grounds and  must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">120.\u00a0\u00a0The   Court has previously noted the fundamental importance of the guarantees  contained in Article 5 to secure the right of individuals in a democracy   to be free from arbitrary detention. It has also stated that  unacknowledged  detention is a complete negation of these guarantees and discloses a  very grave violation of Article 5 (see \u00c7i\u00e7ek v. Turkey, no.\u00a025704\/94,  \u00a7\u00a0164, 27 February 2001, and Luluyev, cited above, \u00a7\u00a0122).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">121.\u00a0\u00a0The   Court has found that Magomed-Ali Abayev and Anvar Shaipov were abducted  by State servicemen on 13\u00a0September 2000 and have not been seen since.  Their detention was not acknowledged, was not logged in any custody  records and there exists no official trace of their subsequent  whereabouts  or fate. In accordance with the Court&#8217;s practice, this fact in itself  must be considered a most serious failing, since it enables those  responsible  for an act of deprivation of liberty to conceal their involvement in  a crime, to cover their tracks and to escape accountability for the  fate of a detainee. Furthermore, the absence of detention records,  noting  such matters as the date, time and location of detention and the name  of the detainee, as well as the reasons for the detention and the name  of the person effecting it, must be seen as incompatible with the very  purpose of Article 5 of the Convention (see <a name=\"01000005\"><\/a>Orhan,   cited above, \u00a7\u00a0371).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">122.\u00a0\u00a0The   Court further considers that the authorities should have been more alert   to the need for a thorough and prompt investigation of the applicants&#8217;  complaints that their relatives had been detained and taken away in  life-threatening circumstances. However, the Court&#8217;s findings above  in relation to Article 2 and, in particular, the conduct of the  investigation,  leave no doubt that the authorities failed to take prompt and effective  measures to safeguard them against the risk of disappearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">123.\u00a0\u00a0In view of the foregoing,   the Court finds that Magomed-Ali Abayev and Anvar Shaipov were held  in unacknowledged detention without any of the safeguards contained  in Article 5. This constitutes a particularly grave violation of the  right to liberty and security enshrined in Article 5 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VI.\u00a0ALLEGED VIOLATION OF ARTICLE  6 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">124.\u00a0\u00a0The   applicants complained that the proceedings brought by them against the  investigators were unfair. They relied on Article 6 of the Convention,  which, in so far as relevant, reads as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0In  the determination of his civil rights and obligations  &#8230;, everyone is entitled to a fair and public hearing within a  reasonable  time by an independent and impartial tribunal established by law&#8230;\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">125.\u00a0\u00a0The   Court finds that Article 6 \u00a7 1 of the Convention is, in principle,  inapplicable to the proceedings in question, as they clearly have not  involved the determination of the applicants&#8217; civil rights or  obligations  or a criminal charge against them within the meaning of the Convention  (see Akhmadov and Others v. Russia (dec.), no. 21586\/02, 3  May 2007).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">126.\u00a0\u00a0It   follows that this complaint is incompatible ratione materiae with the provisions  of the Convention within  the meaning of Article 35 \u00a7 3 and must be rejected in accordance with  Article 35 \u00a7\u00a04 thereof.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VII.\u00a0ALLEGED VIOLATION OF ARTICLE  13 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">127.\u00a0\u00a0The   applicants complained that they had been deprived of effective remedies  in respect of the aforementioned violations, contrary to Article 13  of the Convention, which provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cEveryone whose rights and freedoms as set  forth in [the] Convention are violated shall have an effective remedy  before a national authority notwithstanding that the violation has been  committed by persons acting in an official capacity.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">128.\u00a0\u00a0The Government contended  that the applicants had had effective remedies at their disposal as  required by Article 13 of the Convention and that the authorities had  not prevented them from using them. The applicants had had an  opportunity  to challenge the acts or omissions of the investigating authorities  in court and had availed themselves of it. They added that participants  in criminal proceedings could also claim damages in civil proceedings.  In sum, the Government submitted that there had been no violation of  Article 13.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">129.\u00a0\u00a0The applicants reiterated   the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">130.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35 \u00a7 3 of the Convention. It further notes that  it is not inadmissible on any other grounds. It must therefore be  declared  admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">131.\u00a0\u00a0The   Court reiterates that in circumstances where, as here, a criminal  investigation  into the disappearance has been ineffective and the effectiveness of  any other remedy that might have existed, including civil remedies  suggested  by the Government, has consequently been undermined, the State has  failed  in its obligation under Article\u00a013 of the Convention (see Khashiyev and Akayeva, cited above,  \u00a7\u00a0183).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">132.\u00a0\u00a0Consequently,   there has been a violation of Article 13 in conjunction with Article  2 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">133.   As regards the applicants&#8217; reference to Articles 3 and 5 of the  Convention,  the Court considers that, in the  circumstances, no separate issue arises in respect of Article 13, read  in conjunction with Articles 3 and 5 of the Convention (see Kukayev v. Russia, no.\u00a029361\/02,  \u00a7\u00a0119, 15\u00a0November 2007, and Aziyevy v. Russia, no. 77626\/01,  \u00a7\u00a0118, 20\u00a0March 2008).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VIII.\u00a0ALLEGED VIOLATION OF ARTICLE  14 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">134.\u00a0\u00a0The   applicants complained that they had been discriminated against in the  enjoyment of their Convention rights, because the violations of which  they complained had taken place because of them being residents in  Chechnya  and their ethnic background as Chechens. This was contrary to Article  14 of the Convention, which reads as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cThe enjoyment of the right and freedoms set  forth in [the] Convention shall be secured without discrimination on  any ground such as sex, race, colour, language, religion, political  or other opinion, national or social origin, association with a national   minority, property, birth or other status.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">135.\u00a0\u00a0The   Court observes that no evidence has been submitted to it that suggests  that the applicants were treated differently from persons in an  analogous  situation without objective and reasonable justification, or that they  have ever raised this complaint before the domestic authorities. It  thus finds that this complaint has not been substantiated.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">136.\u00a0\u00a0It   follows that this part of the application is manifestly ill-founded  and should be rejected in accordance with Article 35 \u00a7\u00a7 3 and 4 of  the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">IX.\u00a0APPLICATION  OF ARTICLE 41 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">137.\u00a0\u00a0Article   41 of the Convention provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cIf the Court finds that there has been a  violation  of the Convention or the Protocols thereto, and if the internal law  of the High Contracting Party concerned allows only partial reparation  to be made, the Court shall, if necessary, afford just satisfaction  to the injured party.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Pecuniary damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">138.\u00a0\u00a0The   first and the third applicants claimed damages in respect of loss of  earnings by their relative Magomed-Ali Abayev after his arrest and  subsequent  disappearance. The first applicant, as his mother, claimed 5,400 euros  (EUR) and the third applicant, as his son, claimed EUR 6,900 under this  heading.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">139.\u00a0\u00a0They   claimed that Magomed-Ali Abayev had been unemployed at the time of his  arrest, and that in such cases the calculation should be made on the  basis of the subsistence level established by national law. They  calculated  his earnings for the period, taking into account the subsistence level  in Chechnya which existed at the time their just satisfaction claim  was lodged with the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">140.\u00a0\u00a0The   Government regarded these claims as unfounded. They also pointed to  the existence of domestic statutory machinery for the provision of a  pension for the loss of the family breadwinner.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">141.\u00a0\u00a0The   Court reiterates that there must be a clear causal connection between  the damage claimed by the applicants and the violation of the  Convention,  and that this may, in an appropriate case, include compensation in  respect  of loss of earnings. The Court further finds that the loss of earnings  applies to dependent children and, in some instances, to elderly parents   and that it is reasonable to assume that Magomed-Ali Abayev would  eventually  have had some earnings from which the applicants would have benefited  (see, among other authorities, Imakayeva, cited above, \u00a7\u00a0213).  Having regard to its above  conclusions, it finds that there is a direct causal link between the  violation of Article\u00a02 in respect of the applicants&#8217; relative and the  loss by the first and the third applicants of the financial support  which he could have provided. Having regard to the applicants&#8217;  submissions  and the fact that Magomed-Ali Abayev was not employed at the time of  his abduction, the Court awards EUR\u00a012,000 to the applicants jointly  in respect of pecuniary damage, plus any tax that may be chargeable  on that amount.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0Non-pecuniary damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">142.\u00a0\u00a0The   applicants stated that they had lost their close relatives and endured  stress, frustration and helplessness in relation to their abduction,  aggravated by the authorities&#8217; inactivity in the investigation of their  kidnapping for several years. They left the determination of the amount  of compensation to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">143.\u00a0\u00a0The   Government submitted that finding a violation of the Convention would  be adequate just satisfaction in the applicants&#8217; case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">144.\u00a0\u00a0The   Court has found a violation of Articles 2, 5 and 13 of the Convention  on account of the unacknowledged detention and disappearance of the  applicants&#8217; relatives. The applicants themselves have been found to  have been victims of a violation of Article 3 of the Convention. The  Court thus accepts that they have suffered non-pecuniary damage which  cannot be compensated for solely by the findings of violations. It  awards  EUR\u00a060,000 to the first and the third applicants jointly, and EUR 60,000   to the fourth applicant, plus any tax that may be chargeable thereon.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0\u00a0Costs and expenses<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">145.\u00a0\u00a0The   applicants were represented by lawyers from the NGO EHRAC\/Memorial Human   Rights Centre. The aggregate claim in respect of costs and expenses  related to the applicants&#8217; legal representation amounted to EUR 2,115  or 1,511 pounds sterling (GBP). They submitted the following breakdown  of costs:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0EUR   1,260 (GBP\u00a0900) for nine hours of research and drafting legal documents  submitted to the Court at a rate of GBP\u00a0100 per hour;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0EUR   855 (GBP\u00a0611) for administrative, postal and translation costs.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">146.\u00a0\u00a0The   Government did not dispute the details of the calculations submitted  by the applicants.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">147.\u00a0\u00a0The   Court has to establish first whether the costs and expenses indicated  by the applicants&#8217; representatives were actually incurred and, second,  whether they were necessary (see McCann and Others, cited  above, \u00a7 220).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">148.\u00a0\u00a0Having   regard to the details of the information in its possession, the Court  is satisfied that these rates are reasonable and reflect the expenses  actually incurred by the applicants&#8217; representatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">149.\u00a0\u00a0As   to whether the costs and expenses were necessary, the Court notes that  this case was rather complex and required a certain amount of research  and preparation. The Court also notes that it is its standard practice  to rule that awards in relation of to costs and  expenses are to be paid directly  into the applicants&#8217; representatives&#8217; accounts (see, for example, To\u00ffcu,   cited above, \u00a7\u00a0158; Nachova and Others v.\u00a0Bulgaria [GC],  nos.\u00a043577\/98  and 43579\/98, \u00a7\u00a0175, ECHR 2005-VII; and <a name=\"01000006\"><\/a>Imakayeva,  cited above).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">150.\u00a0\u00a0In   these circumstances, and having regard to the details of the claims  submitted by the applicants, the Court awards EUR 2,115 plus any tax  that may be chargeable on that amount to be paid into the  representatives&#8217;  bank <a name=\"01000007\"><\/a>account in the United Kingdom, as identified  by  the applicants.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">D.\u00a0\u00a0Default interest<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">151.\u00a0\u00a0The   Court considers it appropriate that the default interest should be based   on the marginal lending rate of the European Central Bank, to which  should be added three percentage points.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">FOR THESE REASONS, THE COURT UNANIMOUSLY<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Decides   to <a name=\"01000008\"><\/a>strike out the application in so far as it  concerns  the complaints of the second applicant (Ms Raminat Zhansayeva);<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2. \u00a0Decides to  join to the merits the Government&#8217;s objection as  to non-exhaustion of criminal domestic remedies and rejects it;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Declares  the complaints under Articles 2, 3, 5 and 13 of the  Convention admissible and the remainder of the application inadmissible;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Holds that  there has been a substantive violation of Article\u00a02  of the Convention in respect of Magomed-Ali Abayev and Anvar Shaipov;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0Holds that  there has been a violation of Article\u00a02 of the Convention  in respect of the failure to conduct an effective investigation into  the circumstances in which Magomed-Ali Abayev and Anvar Shaipov  disappeared;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0Holds  that there has been a violation of Article\u00a03 of the Convention  in respect of the applicants;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0Holds that  there has been a violation of Article\u00a05 of the Convention  in respect of Magomed-Ali Abayev and Anvar Shaipov;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0Holds   that there has been a violation of Article\u00a013 of the Convention in  respect  of the alleged violations of Article 2 of the Convention;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0Holds   that no separate issues arise under Article 13 of the Convention in  respect of the alleged violations of Article 3 and 5;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0Holds<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0that the respondent State is to pay,  within three months of the date on which the judgment becomes final  in accordance with Article\u00a044\u00a0\u00a7\u00a02 of the Convention, the following  amounts,  to be converted into Russian roubles at the date of settlement, save  in the case of the payment in respect of costs and expenses:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(i)\u00a0\u00a0EUR\u00a012,000 (twelve thousand euros),  plus  any tax that may be chargeable, in respect of pecuniary damage to the  first and third applicants jointly;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(ii)\u00a0EUR\u00a060,000 (sixty thousand euros),  plus  any tax that may be chargeable, in respect of non-pecuniary damage to  the first and the third applicants jointly;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(iii)\u00a0EUR\u00a060,000 (sixty thousand euros),  plus any tax that may be chargeable, in respect of non-pecuniary damage  to the fourth applicant;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(iv) EUR\u00a02,115 (two thousand one hundred  and fifteen euros), plus any tax that may be chargeable to the  applicants,  to be converted into British pounds sterling, at the rate applicable  at the date of settlement in respect of costs and expenses, to be paid  into the representatives&#8217; bank account in the UK;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0that from  the expiry of the above-mentioned three months until settlement simple  interest shall be payable on the above amounts at a rate equal to the  marginal lending rate of the European Central Bank during the default  period plus three percentage points;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">11.\u00a0\u00a0Dismisses  the remainder of the applicants&#8217; claim for just satisfaction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Done in English, and notified in writing   on 8 April 2010, pursuant to Rule 77 \u00a7\u00a7 2 and 3 of the Rules of Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">S\u00f8ren  Nielsen\u00a0Christos  Rozakis<br \/>\nRegistrar\u00a0President<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>*****<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>CASE OF ABDURASHIDOVA  v. RUSSIA<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>(Application no.  32968\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">JUDGMENT<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">STRASBOURG<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>8 April  2010<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">This judgment will become final in the  circumstances  set out in Article\u00a044 \u00a7\u00a02 of the Convention. It may be subject to  editorial  revision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"> <\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>In the case of Abdurashidova v. Russia,<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The   European Court of Human Rights (First Section), sitting as a Chamber  composed of:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Christos  Rozakis, President,<br \/>\nAnatoly Kovler,<br \/>\nElisabeth Steiner,<br \/>\nDean Spielmann,<br \/>\nSverre Erik Jebens,<br \/>\nGiorgio Malinverni,<br \/>\nGeorge Nicolaou, judges,<br \/>\nand S\u00f8ren Nielsen, Section Registrar,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Having   deliberated in private on 18 March 2010,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Delivers   the following judgment, which was adopted on that date:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">PROCEDURE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The   case originated in an application (no. 32968\/05) against the Russian  Federation lodged with the Court under Article 34 of the Convention  for the Protection of Human Rights and Fundamental Freedoms (\u201cthe  Convention\u201d) by a Russian national, Ms Zulpa Abdurashidova (\u201cthe  applicant\u201d), on 22 July 2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The   applicant was represented before the Court by lawyers of the  International  Protection Centre, an NGO registered in Moscow. The Russian Government  (\u201cthe Government\u201d) were represented by Mrs V. Milinchuk, the former  Representative of the Russian Federation at the European Court of Human  Rights, and subsequently by their new Representative, Mr\u00a0G.\u00a0Matyushkin.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0On   22 April 2008 the Court decided to apply Rule\u00a041 of the Rules of Court  and to grant priority treatment to the application and to give notice  of the application to the Government. It also decided to examine the  merits of the application at the same time as its admissibility (Article   29 \u00a7 3 of the Convention).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0The   Government objected to the joint examination of the admissibility and  merits of the application. Having considered the Government&#8217;s objection,   the Court dismissed it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0The   applicant was born in 1978. She lived in the village of Solnechnoye  in the Khasavyurt district of Dagestan, Russian Federation. Currently  she lives abroad after seeking asylum. The applicant is the mother of  Summaya (also spelled Sumaya) Abdurashidova, born in 1998.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The events of  14 March 2005<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The applicant&#8217;s account<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0At   about 5.30 a.m. on 14 March 2005 approximately fifty men in two APCs  (armoured personnel carriers) and a white VAZ 2121 Niva car with the  registration plate 008 26 arrived at the applicant&#8217;s house in  Solnechnoye.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0The   men were armed and equipped with portable radio sets. They neither  introduced  themselves nor produced any documents. The applicant thought that they  were State servicemen. It appears that the servicemen arrived to  apprehend  the applicant&#8217;s husband and two men who were staying in the house that  night. The men broke into the applicant&#8217;s house and opened gunfire.  The applicant&#8217;s husband shouted to the servicemen: \u201cDo not shoot!  There are children in the house.\u201d In spite of the warning the servicemen   continued shooting. They took the applicant&#8217;s husband outside; the  applicant&#8217;s  three children remained in their rooms and the applicant was in the  corridor.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0During   the shooting the applicant&#8217;s two sons Bilal (born in 1997) and Ilyas  (born in 2002) ran out from their bedrooms into the corridor. At some  point Bilal ran out of his sister&#8217;s bedroom, screaming that Summaya  had been wounded and was bleeding. It appears that Summaya Abdurashidova   had been hit by a fragment of a rifle grenade.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0The   applicant tried to go into her daughter&#8217;s room, but the servicemen  pushed  her outside the house into the yard. When the applicant asked them to  let her go inside, the servicemen forbade her under gun point. She was  made to lie down on the ground with her hands behind her head.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0When   the shooting was over, their neighbour Mr I.I. went into the house and  carried out the body of Summaya Abdurashidova.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">11.\u00a0\u00a0As   a result of the shooting the two men who were staying in the applicant&#8217;s   house were killed, and the applicant&#8217;s husband was taken to the  Department  of the Interior of the Khasavyurt district (\u201cthe Khasavyurt ROVD\u201d).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">12.\u00a0\u00a0After   the shooting the applicant saw that her house, as well as her family  possessions in it, had been damaged by the gunfire. In addition, the  family&#8217;s identity documents, including passports and birth certificates,   had been taken away by the servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">13.\u00a0\u00a0The   applicant submitted that after the shooting, the servicemen had taken  away two plastic bags with the applicant&#8217;s family documents and  valuables,  including the applicant&#8217;s golden bracelet and two rings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">14.\u00a0\u00a0The   applicant&#8217;s description of the events of 14 March 2005 is based on  several  undated accounts provided by her to her representatives and on the  letters  which the applicant sent to the authorities. The applicant also  submitted  articles published in the newspaper \u201cDruzhba\u201d (\u0414\u0440\u0443\u0436\u0431\u0430) on 8\u00a0April 2005 and on 15  April 2005 and an article  published in the newspaper \u201cNiyso-Dagestan\u201d (\u041d\u0438\u0439\u0441\u043e-\u0414\u0430\u0433\u0435\u0441\u0442\u0430\u043d) on 14 April 2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">15.\u00a0\u00a0The   Government submitted, with reference to the documents from the criminal  investigation file (see below), that the two men who had been at the  applicant&#8217;s house on the night of 14 March 2005 had been suspected of  the armed robbery of a woman and of an attack on a serviceman of the  traffic police, Mr M.M., who had later died. The crimes had been  committed  by three persons on 31 December 2004, and on 1 January 2005 the  Khasavyurt  district prosecutor&#8217;s office (the district prosecutor&#8217;s office) opened  a criminal investigation into the incident. The investigation was  assigned  file number 5111. It has been established that during the attack the  criminals took hold of M.M.&#8217;s police identity document and his PM  service  pistol with a known serial number.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">16.\u00a0\u00a0The   police obtained information that two suspects, Mr S.Ya. and Mr\u00a0R.Yu.,  had found refuge at the applicant&#8217;s house and that they had stored  weapons  and armaments there, including the PM pistol. On 14 March 2005 the  investigator  of the district prosecutor&#8217;s office decided to carry out an urgent  search  at the applicant&#8217;s house with the aim of finding the two suspects and  the weapons. Since the suspects could have been armed, the prosecutor  had been assisted by servicemen of the Khasavyurt ROVD and of the  special  police force of Dagestan.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">17.\u00a0\u00a0Upon   arrival at the applicant&#8217;s house, police officers Mr P.A. and Mr\u00a0S.O.  informed the applicant and her husband about the aim of their visit  and suggested that they evacuate the building for their own safety.  The applicant, her husband and their two sons Bilal and Ilyas came out  of the house. Then the applicant informed the policemen that her  daughter  Summaya had remained in the house. Mr P.A. and Mr S.O. returned to the  house in order to take the child out, but Mr S.Ya. and Mr R.Yu., who  had taken refuge in the house, threw hand grenades at them. Both  policemen  were injured. Their colleagues, in order to cover them, opened gunfire  and killed both suspects.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">18.\u00a0\u00a0After   the skirmish was over, the site was inspected by the investigator of  the district prosecutor&#8217;s office and by forensic and medical experts,  in the presence of two attesting witnesses. They discovered the bodies  of Mr S.Ya. and Mr R.Yu. and of the applicant&#8217;s daughter, Summaya  Abdurashidova.  In the room where the two fugitives had been hiding, they also found  safety pins from hand grenades and a PM hand pistol with the serial  number corresponding to the one stolen from M.M.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B. Reaction of the authorities to the events  of 14 March 2005<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1. The applicant&#8217;s correspondence with  the State authorities concerning the death of Summaya Abdurashidova<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">19.\u00a0\u00a0Shortly   after the shooting had ended, experts from the Khasavyurt ROVD took  pictures of Summaya Abdurashidova and wanted to take her body to the  morgue for an autopsy. The applicant and her relatives refused to give  their permission and wrote down an official statement of refusal.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">20.\u00a0\u00a0From   the beginning of her correspondence with the authorities the applicant  was assisted by Mr B., head of the local human rights organisation  Romashka  (\u0420\u043e\u043c\u0430\u0448\u043a\u0430). The applicant and Mr B.  contacted various  official bodies, including the Russian President, the Dagestan  Government,  the Khasavyurt district administration, the mass media and prosecutors&#8217;  offices at different levels, describing the circumstances of Summaya  Abdurashidova&#8217;s killing and requesting an investigation into the crime.  The applicant retained copies of a number of their letters and submitted   them to the Court. The relevant information is summarised below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">21.\u00a0\u00a0On   16 March 2005 the applicant wrote to a number of the State authorities,  including the district prosecutor&#8217;s office, the Dagestan prosecutor&#8217;s  office and the Prosecutor General. She described the events of 14 March  2005 and requested an investigation into the death of her daughter and  prosecution of the culprits. The applicant also complained that her  property had been unlawfully destroyed during the special operation  and requested compensation for the pecuniary and non-pecuniary damage  caused by the actions of the servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">22.\u00a0\u00a0In   March or April 2005 the applicant informed the Dagestan prosecutor&#8217;s  office that servicemen of the Khasavyurt ROVD had participated in the  special operation on 14 March 2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">23.\u00a0\u00a0On   20 April 2005 the Dagestan prosecutor&#8217;s office informed the applicant  that her complaint about unlawful actions of servicemen of the  Khasavyurt  ROVD during her husband&#8217;s apprehension had been forwarded to the  district  prosecutor&#8217;s office for examination.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">24.\u00a0\u00a0On   26 April 2005 the district State registry office (\u0417\u0410\u0413\u0421) issued a statement confirming  the death of Summaya  Abdurashidova on 14 March 2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">25.\u00a0\u00a0On   26 April 2005 the Solnechnoye village administration issued a death  certificate for Summaya Abdurashidova.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">26.\u00a0\u00a0On   28 April 2005 the applicant again wrote to the authorities, including  the district prosecutor&#8217;s office, the Dagestan prosecutor&#8217;s office and  the Prosecutor General. In her letter she pointed out that on 16 March  2005 she had already complained about her daughter&#8217;s killing, but the  authorities had failed to initiate a criminal investigation into the  death. She requested explanations concerning the reasons for the failure   to initiate the investigation and to prosecute the perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">27.\u00a0\u00a0On   17 May and 30 June 2005 the Dagestan prosecutor&#8217;s office informed the  applicant that her complaint about the death of Summaya Abdurashidova  had been forwarded to the district prosecutor&#8217;s office for examination.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">28.\u00a0\u00a0On   25 May 2005 the Khasavyurt District Court sentenced the applicant&#8217;s  husband to three months&#8217; imprisonment for harbouring two criminals.  In its judgment the court stated, inter alia, that his \u201cminor daughter  Summaya had been killed  in the course of a special operation aimed at apprehending the criminals   who had been hiding in the house\u201d. The applicant&#8217;s husband accepted  his guilt and did not appeal against the sentence.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">29.\u00a0\u00a0It   appears that Mr B., who had assisted the applicant in the preparation  of her complaints to the domestic authorities, was arrested in November  2005 on suspicion of illegal possession of weapons. Following  allegations  of torture and ensuing public pressure, he was released and acquitted.  He left Russia in 2006 and sought asylum in another country.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2. The destruction of the applicant&#8217;s  property<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">30.\u00a0\u00a0On   15 March 2005 a commission of the administration of Solnechnoye,  including  the head of the administration, the chief accountant and the applicant&#8217;s   two neighbours, visited the applicant&#8217;s house. They examined the scene  and drew up the following report on damage:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cDuring the special operation on 14 March 2005  the house &#8230; was practically destroyed; as a result of gunfire and  explosions the windows and doors were blown out, the roof was damaged  by shots, a powerful blast resulted in cracks in the walls and in the  ceiling; the furniture in the living room and in the kitchen, the  refrigerator  and the TV set were rendered unusable.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">According   to the report, the applicant&#8217;s house was uninhabitable and required  major repairs. The report further estimated the cost of repairs at  between  650,000 and 800,000 Russian roubles (RUB), without specifying additional   details.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">31.\u00a0\u00a0In response to a specific  request from the Court, the Government submitted 26 pages of documents  from the criminal investigation files mentioned above. Although this  was not marked on many documents, it appears that the Government  submitted  copies of the decisions to open the criminal proceedings in the cases  assigned file numbers 5111, 51151 and 51153.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">32.\u00a0\u00a0The Government submitted  that on 14 March 2005 the district prosecutor&#8217;s office had opened  criminal  investigation no.\u00a051151 into the attack on the police officers and the  unlawful purchase and storage of arms and ammunition. The investigation  was opened in view of the wounding of two policemen, Mr P.A. and Mr  S.O. The decision did not mention the suspects&#8217; and the applicant&#8217;s  daughter&#8217;s deaths. The investigation obtained information that Mr S.Ya.  and Mr R.Yu. had been involved with illegal armed groups and had fought  against the authorities in Chechnya. Thus, on 14 March 2005, the  district  prosecutor&#8217;s office opened a new investigation file concerning  participation  in illegal armed groups, which was assigned number 51153.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">33.\u00a0\u00a0On 14 March 2005 the  investigator  of the district prosecutor&#8217;s office, assisted by medical and forensic  experts, in the presence of two witnesses, examined the body of Summaya  Abdurashidova. They noted two large open wounds: one measuring 10 cm  by 8 cm to the head and one measuring 10\u00a0cm by 6 cm to the upper part  of the torso. The Government submitted a copy of the expert report.  The experts also took photographs; however, as follows from subsequent  documents and the Government&#8217;s submissions, the photographs could not  be developed because the film was defective.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">34.\u00a0\u00a0On 21 March 2005 criminal  investigation files nos.\u00a051151 and 51153 were joined and assigned number   51151. The decision did not refer to the death of the applicant&#8217;s  daughter  or to the deaths of the suspects.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">35.\u00a0\u00a0No separate criminal  investigation  was opened into the applicant&#8217;s daughter&#8217;s death. The Government  submitted  that in the course of the investigation of file no.\u00a051151 the  authorities  had established that Summaya Abdurashidova had died of splinter wounds  caused by hand-grenade explosions. The police officers had not used  grenades and had only employed hand guns. The forensic reports on the  bodies of Mr\u00a0S.Ya. and Mr\u00a0R.Yu. concluded that they had died as a result   of bullet wounds. Seeing that no autopsy had been carried out on the  body of Summaya Abdurshidova owing to her relatives&#8217; refusal to submit  it for such an examination, the investigation relied on the description  of her body, which referred to splinter wounds. It concluded that her  death had resulted from the explosion of hand grenades thrown by the  suspected criminals.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">36.\u00a0\u00a0On 2 April 2005 the  criminal  proceedings against Mr S.Ya. and Mr\u00a0R.Yu. were terminated on account  of their deaths. The investigation of criminal case no.\u00a05111 continued.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">37.\u00a0\u00a0On 26 April 2005 the  district  prosecutor&#8217;s office took statements from two investigators, medical  and forensic experts who had examined the child&#8217;s body and two attesting   witnesses. The Government submitted copies of their testimonies, except  for the medical expert&#8217;s statement and one witness&#8217;s statement. The  forensic expert explained that he had taken photographs of the house,  of two male bodies in the courtyard and of the girl&#8217;s body in the  neighbouring  house. Once the film was developed, some photographs were spoiled  because  the film was defective. Thus, no photographs of the girl&#8217;s body came  out.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">38.\u00a0\u00a0According to the  Government,  the medical expert stated that he had examined the girl&#8217;s body in the  neighbouring house and noted two large open wounds to the head and upper   part of the torso. These wounds could have been caused by splinters  from an explosive device. The body had then been transferred to the  relatives, who had refused to submit it for an autopsy.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">39.\u00a0\u00a0The investigator submitted   that late at night on 14 March 2005 he had been alerted that the  suspects  in the murder of Inspector M.M. were hiding in the house of the imam  of Solnechnoye. Early in the morning he went to the scene, accompanied  by servicemen of the Khasavyurt ROVD and of the special police unit  of Dagestan. They also invited two witnesses residing in Khasavyurt,  Timur E. and Murat. Once at the house, the servicemen surrounded the  house. After that the police ordered everyone to leave the house. A  woman, a man and two children came out into the entry hall and the  police  led them outside the house. The woman said that another child remained  in the house. Two servicemen of the special police unit entered the  house and immediately afterwards there came the sound of explosions.  Several policemen ran to the house and started to shoot in order to  cover up their colleagues. The persons taking refuge in the house fired  back and threw hand grenades, some of which exploded outside the house,  and some inside the house. As soon as the two policemen were led out  of the building, other servicemen shot at the doors and windows of the  house with machine guns and automatic rifles. When the shooting from  inside the house subsided, the policemen went in and brought out two  male bodies. They said that there was a child&#8217;s body in the house. A  neighbour walked in and carried the body to the nearby house. Then the  body was examined by the officials from the prosecutor&#8217;s office, in  the presence of two witnesses. They noted two large open splinter wounds   \u2013 one to the front of the head and another near the shoulder blade.  The investigator added that the police had not used hand grenades; they  had fired from machine guns and automatic rifles. The investigator also  answered a number of questions concerning the missing property and  identity  documents and the damage caused to the applicant&#8217;s house. He stated  that they had collected and seized two yellow rings and the applicant&#8217;s  passport. No other documents or valuables had been found or seized.  As to the state of the house, the investigator specified that the window   glazing, furniture and parts of the roof had been damaged. The walls  had not been damaged. Some parts of the house were in any event  unfinished  and were not inhabitable. The state of the house could be ascertained  from the photographs taken immediately after the attack.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">40.\u00a0\u00a0Another investigator, a  member of the team working on M.M.&#8217;s murder, stated that he had arrived  at the applicant&#8217;s house at about 9 a.m. on 14 March 2005. There he  was instructed to examine the child&#8217;s body, together with the criminal  and forensic experts. They noted two large wounds, caused by splinters  from an explosive device. The mother of the child refused to submit  the body for an autopsy and signed a document to that effect. After  the body was examined, the relatives took it for burial. The criminal  expert later informed the investigator that the film had been defective  and no photographs could be developed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">41.\u00a0\u00a0The witness Marat G.  stated  that he and his friend Timur E. had been doing their morning jogging  when the police asked them to be witnesses to a search in Solnechnoye.  When the two men arrived at the house, it was surrounded by police.  They saw a man, a woman and two children come out, accompanied by  servicemen.  The woman said that another child remained in the house. Two police  officers went in and there followed several explosions. Then several  more policemen ran to the house and the witnesses were taken away to  a safe distance, from where they could not see the house. They could  hear shots being fired and explosions. Once the shooting was over, the  witnesses were invited by the investigator to be present during the  search. In front of the house there were two male bodies. Someone  brought  out a child&#8217;s body, which was taken to the neighbouring house. The  investigator  found and seized two yellow rings and a woman&#8217;s passport. The  investigator  also noted and seized a number of safety pins from hand grenades and  empty cartridges, as well as a hand pistol. The rooms were first  inspected  by a bomb expert and then by the investigators and witnesses. The house  was partially damaged, but the load-bearing walls and the roof were  intact. Some rooms were unfinished. The Government submitted a copy  of Marat G.&#8217;s testimony and stated that Timur E. had made similar  statements.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">42.\u00a0\u00a0In   their observations the Government extensively cited an undated statement   by Mr A.A., the head of the criminal investigation department of the  Khasavyurt ROVD, no copy of which has been submitted. According to the  Government, Mr A.A. stated that the department had been tipped off about   the location of the suspects in M.M.&#8217;s murder. Early in the morning  on 14 March 2005 he had arrived at the applicant&#8217;s house, accompanied  by servicemen of the special police force. The servicemen surrounded  the house. One serviceman of the special police force walked up to the  house and knocked on the door. He was let inside. About one minute later   he came out of the house, together with a man, a woman and two children.   The woman said that a third child remained in the house. She wanted  to return to the house, but was not allowed to. Two servicemen of the  special police force went to the house in order to retrieve the child.  As soon as they had gone in, there came the sounds of explosions.  Several  more servicemen ran to the house to help their colleagues. They were  shot at from inside the house and more grenades were thrown. The two  wounded policemen were assisted in leaving the house, and the servicemen   shot at the windows and doors of the house. The policemen were not  equipped  with grenades. When the shooting from inside the house subsided, several   policemen went into the house. They found the bodies of two men and  a girl. The male bodies were taken into the courtyard. A local resident  took out the child&#8217;s body and took it to the neighbouring house. Mr  A.A. was told by his colleagues that the body had two large splinter  wounds. An expert in explosives examined the house, following which  an investigator conducted a search in the presence of two witnesses.  Mr A.A. also stated that he had seen the seized pistol with the serial  number corresponding to that taken from M.M. and a number of empty  cartridges.  The investigators put them in bags and sealed off the courtyard of the  house.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">43.\u00a0\u00a0The Government submitted  a note dated 14 March 2005, in which Mrs Raisa Ya. stated that the  family  had refused to submit the body of Summaya Abdurashidova for an autopsy  with the aim of establishing the cause of her death. The note stated  that the family knew the cause of the child&#8217;s death and that they wanted   to proceed with the burial in accordance with religious rites.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">44.\u00a0\u00a0The Government submitted  an undated note signed by the applicant to the effect that she had  received  from the investigator of the district prosecutor&#8217;s office two golden  rings and her passport, which had been seized at her house on 14 March  2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">45.\u00a0\u00a0The Government also  submitted  a number of letters sent by the district prosecutor&#8217;s office to the  applicant. On 4 April 2005 the investigator informed the applicant that  the investigation had established that her daughter had died as a result   of grenade explosions caused by S.Ya. and R.Yu. The criminal proceedings   against the two men had been terminated on account of their deaths.  Two rings had been returned to the applicant. She could seek  compensation  for other damage through the Khasavyurt District Court. The decisions  of the investigators could be appealed against to a higher-ranking  prosecutor  or to a court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">46.\u00a0\u00a0From the documents  submitted  it does not appear that the investigators attempted to take statements  from the applicant, her husband or their neighbours.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">47.\u00a0\u00a0The   Government stated that the investigation of criminal case file no.\u00a05111  was in progress and that disclosure of other documents would be in  violation  of Article 161 of the Code of Criminal Procedure, since the files  contained  information of a military nature and personal data concerning the  witnesses  or other participants in the criminal proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0\u00a0Court proceedings brought by the applicant<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">48.\u00a0\u00a0On   14 June 2005 the applicant complained to the Khasavyurt District Court  of Dagestan (\u201cthe district court\u201d) about the destruction of her  property during the special operation conducted on 14 March 2005 and  the failure of the authorities to initiate criminal proceedings into  the death of Summaya Abdurashidova. She sought a ruling obliging the  district prosecutor&#8217;s office to initiate an investigation into the crime   and to prosecute the perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">49.\u00a0\u00a0On   2 August 2005 the district court refused to examine her complaint. It  stated that the applicant was entitled to appeal against actions of  the district prosecutor&#8217;s office only within the course of an ongoing  criminal investigation or that she could appeal against the authorities&#8217;   refusal to initiate criminal proceedings. The court pointed out that  she had failed to submit any evidence of an ongoing criminal  investigation  or of the authorities&#8217; refusal to initiate criminal proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">50.\u00a0\u00a0The   applicant did not appeal against that decision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0\u00a0RELEVANT DOMESTIC LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">51.\u00a0\u00a0For   a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia  (no. 40464\/02, \u00a7\u00a7\u00a067-69,  10\u00a0May 2007).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 2  OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">52.\u00a0\u00a0The   applicant alleged that the authorities had breached both their negative  and positive obligations under Article 2 in respect of her daughter.  She also complained that no proper investigation had taken place.  Article  2 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0\u00a0Everyone&#8217;s right to life shall be protected  by law. No one shall be deprived of his life intentionally save in the  execution of a sentence of a court following his conviction of a crime  for which this penalty is provided by law.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Deprivation of life shall not be regarded as  inflicted in contravention of this article when it results from the  use of force which is no more than absolutely necessary:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0in defence of any person from unlawful  violence;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0in order to effect a lawful arrest or to  prevent  the escape of a person lawfully detained;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0in action lawfully taken for the purpose of  quelling a riot or insurrection.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">53.\u00a0\u00a0The   Government contended that the complaint should be declared inadmissible  for non-exhaustion of domestic remedies. They argued that the applicant  had not used the normal recourse provided for by the domestic  legislation.  She had failed to appeal to a prosecutor&#8217;s office or to a court against  the decision to terminate the criminal proceedings against S.Ya. and  R.Yu. In August 2005 her complaint to the district court had been left  unexamined since she had failed to refer to the contested decision.  They further argued that it had been open to the applicant to pursue  civil proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">54.\u00a0\u00a0The applicant  contested  that objection. She stated that the criminal investigation had proved  to be ineffective and that her complaints to that end, including an  application to the district court, had been futile. The applicant  stressed  that she had not been accorded any procedural status in the  investigation  allegedly relating to her daughter&#8217;s death. The district prosecutor&#8217;s  office had not informed her of any procedural decisions and the district   court had found the information contained in the letter of 4 April 2005  insufficient to review her complaint in substance. With reference to  the Court&#8217;s practice, she argued that she was not obliged to apply to  civil courts in order to exhaust domestic remedies. Finally, she  referred  to the threats to herself and the alleged persecution of her lawyer  B., as a result of which they had both left Russia and sought asylum  abroad.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">55.\u00a0\u00a0The   Court notes that the Russian legal system provides, in principle, two  avenues of recourse for the victims of illegal and criminal acts  attributable  to the State or its agents, namely civil and criminal remedies.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">56.\u00a0\u00a0As   regards a civil action to obtain redress for damage sustained through  the alleged illegal acts or unlawful conduct of State agents, the Court  has already found in a number of similar cases that this procedure alone   cannot be regarded as an effective remedy in the context of claims  brought  under Article 2 of the Convention (see Khashiyev and Akayeva v.\u00a0Russia,  nos.\u00a057942\/00 and 57945\/00,  \u00a7\u00a7\u00a0119-121, 24 February 2005, and Estamirov and Others v. Russia, no.  60272\/00, \u00a7 77, 12 October  2006). In the light of the above, the Court confirms that the applicant  was not obliged to pursue civil remedies. The Government&#8217;s objection  in this regard is thus dismissed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">57.\u00a0\u00a0As   regards criminal-law remedies, the Court observes that under Russian  law, parties to proceedings may challenge the progress of the criminal  investigation before a supervising prosecutor or a judge. It is  undisputed  that the authorities were immediately aware of the applicant&#8217;s  daughter&#8217;s  death and took some steps to investigate it. However, the applicant  and members of her family were excluded from these proceedings. Contrary   to the usual practice under national law, the deceased&#8217;s family members  were not granted the official status of victims in the criminal  proceedings,  a procedural role which would have entitled them to intervene during  the course of the investigation. In March and April 2005 the applicant  submitted a number of complaints to various authorities, including the  prosecutor&#8217;s office, but this did not prompt the investigators to  correct  the situation and to accord a procedural status to the applicant. The  Government&#8217;s memorandum does not contain any explanation of this  omission.  Thus, it is unclear how the applicant could have made use of these  provisions.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">58.\u00a0\u00a0Proof   of the ineffectiveness of the domestic legal mechanisms in the present  case is provided by the fact that on 2 August 2005 the district court  refused to consider on the merits the applicant&#8217;s complaint about the  investigation, referring, in essence, to the absence of any procedural  decisions taken upon her complaint. The Court is thus not persuaded  that any further appeals by the applicant would have made any  difference.  The applicant must therefore be regarded as having complied with the  requirement to exhaust the relevant criminal-law remedies.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">59.\u00a0\u00a0Accordingly,   the Court dismisses the Government&#8217;s preliminary objection in respect  of the complaints under Article 2.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">60.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35 \u00a7 3 of the Convention. It further notes that  it is not inadmissible on any other grounds. It must therefore be  declared  admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1. The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">61.\u00a0\u00a0The   applicant maintained that her daughter had been killed by the agents  of the State who had carried out a security operation at her home. She  referred to her own statements describing the operation. She insisted  that the armed police officers had stormed her house without a warning  and fired shots in the rooms, as a result of which her daughter had  been killed. The documents from the domestic investigation were  inconclusive  and did not rule out her version of the events. She further maintained  that the positive obligation to protect the right to life had been  violated,  since the special operation had been planned and executed without proper   consideration for the safety of the inhabitants of the house. Finally,  the applicant insisted that no proper investigation into the death had  taken place, since the only proceedings instituted by the district  prosecutor&#8217;s  office had been aimed at solving the crimes allegedly committed by S.Ya.   and R.Yu.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">62.\u00a0\u00a0The   Government denied all those allegations. Citing the documents of the  domestic investigation, they argued that the death of Summaya  Abdurashidova  had been caused by splinters from explosive devices used by the two  criminal suspects. The applicant and her family had refused to submit  the girl&#8217;s body for an autopsy which could have provided conclusive  results as to the cause of death. As to their positive obligation, the  Government emphasised that the applicant&#8217;s husband had knowingly  harboured  two armed criminal suspects in his family home. He had later been found  guilty of this crime. Two police officers had been wounded when they  had tried to enter the house and take the girl out. The State servicemen   had thus done everything possible to prevent any harm to the applicant  and her family. Faced with violent resistance from the two men and in  order to save the lives of the two officers who had entered the house,  the police had been forced to open fire, as a result of which both  suspects  had been killed. As to the investigation, the Government contended that  it had been in line with domestic law and the Convention requirements.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a) As to the responsibility  of the respondent  State for the death of Summaya Abdurashidova in the light of the  substantive  aspect of Article 2 of the Convention<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">63.\u00a0\u00a0It   was not disputed by the parties that the applicant&#8217;s daughter had been  killed during a security operation aimed at the apprehension of two  armed criminal suspects at the applicant&#8217;s house. It was further  recognised  that both the police and the two suspects had employed lethal force;  as a result of the operation, both suspects were killed and two police  officers were wounded. The question to decide in the present case is  whether the State authorities were directly responsible for the death  of the applicant&#8217;s daughter, as the applicant alleged.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">64.\u00a0\u00a0The   Court reiterates that Article 2, which safeguards the right to life  and sets out the circumstances in which deprivation of life may be  justified,  ranks as one of the most fundamental provisions in the Convention, from  which no derogation is permitted. In its extensive jurisprudence the  Court has developed a number of general principles relating to the scope   of the obligations under this provision, as well as to the establishment   of facts in dispute, when confronted with allegations under Article  2 (for a summary of these, see Bazorkina v. Russia, no. 69481\/01,  \u00a7\u00a7\u00a0103-109, 27 July 2006,  and Akp\u0131nar and Altun v. Turkey, no.  56760\/00, \u00a7\u00a7 47-52, ECHR  2007-III). The Court also notes that the conduct of the parties when  evidence is being obtained has to be taken into account (see Ireland  v. the United Kingdom, 18 January 1978, \u00a7 161, Series  A no. 25).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">65.\u00a0\u00a0The   Court reiterates that the evidentiary standard of proof required for  the purposes of the Convention is proof \u201cbeyond reasonable doubt\u201d,  and that such proof may follow from the coexistence of sufficiently  strong, clear and concordant inferences or of similar unrebutted  presumptions  of fact. The Court has also noted the difficulties for applicants to  obtain the necessary evidence in support of allegations in cases where  the respondent Government are in possession of the relevant  documentation  and fail to submit it. Where the applicant makes out a prima  facie case and the Court is prevented from reaching  factual  conclusions owing to the lack of such documents, it is for the  Government  to argue conclusively why the documents in question cannot serve to  corroborate the allegations made by the applicants, or to provide a  satisfactory and convincing explanation of how the events in question  occurred. The burden of proof is thus shifted to the Government and  if they fail in their arguments, issues will arise under Article 2  and\/or  Article 3 (see To\u011fcu v.  Turkey, no. 27601\/95, \u00a7\u00a095, 31 May 2005, and Akkum  and Others v. Turkey, no. 21894\/93, \u00a7\u00a0211, ECHR 2005-II).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">66.\u00a0\u00a0The   Court notes that despite its requests for the entire investigation file  concerning the death of the applicant&#8217;s daughter, the Government  produced  only part of the documents. The Government referred to Article\u00a0161 of  the Code of Criminal Procedure. In previous cases the Court has already  found this explanation insufficient to justify the withholding of key  information requested by it (see Imakayeva v. Russia, no. 7615\/02,  \u00a7\u00a0123, ECHR 2006-XIII).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">67.\u00a0\u00a0The   Court notes, however, that the investigation in the present case focused   primarily on the actions of the two criminal suspects. From the outset  of the proceedings the authorities considered that the girl&#8217;s death  had resulted from the explosions caused by the two men while they had  resisted the police. It does not appear that any elements in the  investigation  conducted by the district prosecutor&#8217;s office contained information  which could have warranted different conclusions. Therefore, the main  problem in the present case is not the Government&#8217;s failure to disclose  certain documents, but rather the quality of the investigation itself,  which will be addressed below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">68.\u00a0\u00a0The   Court notes that the applicant&#8217;s allegation that the State servicemen  were responsible for the death of Summaya Abdurashidova is based  exclusively  on her own statement. No other statements or evidence to support this  assertion have been provided by the applicant to the Court or to the  domestic investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">69.\u00a0\u00a0The   description of the body drawn up on 14 March 2005 by a forensic expert  and the statements collected on 26 April 2005 from two investigators,  one attesting witness and the criminal expert who had examined the body  indicated that the death had been caused by splinters from an explosive  device (see paragraphs 33, 37 and 39-41 above). These documents and  statements appear coherent and the Court does not discern any reasons  to question their credibility. The investigation found that the two  criminal suspects had used hand grenades against the police officers;  safety pins from grenades were found in the house. The police had used  firearms and the two suspects&#8217; deaths had been caused by bullet wounds  (see paragraph 39 above). There is no mention in any of the descriptions   of the events that the security forces used explosive devices against  the two suspects. The applicant did not allege this either. Thus, the  domestic investigation concluded that the child&#8217;s death had resulted  from the actions of the two criminal suspects who had been killed during   the operation. Although many aspects of the domestic investigation are  open to criticism (see below), the Court cannot find its conclusions  to be so faulty as to reject them altogether as \u201cdefying logic\u201d  or improbable (contrast Beker v. Turkey, no.\u00a027866\/03,  \u00a7\u00a7\u00a051-52, 24 March 2009).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">70.\u00a0\u00a0The   Court further notes that pursuant to the decision taken by the applicant   and her family, no autopsy of the body was conducted. In the note signed   by the applicant&#8217;s sister-in-law on 14 March 2005 the decision not to  conduct an autopsy was justified by the fact that there was no need  to establish the cause of death since the family was aware of it (see  paragraph\u00a043 above); therefore, it appears that the family accepted the  forensic expert&#8217;s conclusion that the death had resulted from splinter  wounds. While fully appreciating that this choice was made under the  influence of a shock following tragic and traumatic events, the Court  notes that it resulted in the absence of a document which could have  provided a complete and accurate record of injuries and an objective  analysis of clinical findings, including the cause of death (see Salman  v. Turkey [GC], no.\u00a021986\/93, \u00a7106, ECHR 2000-VII).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">71.\u00a0\u00a0In   such circumstances the Court finds that it has not been established  to the required standard of proof \u201cbeyond reasonable doubt\u201d that  the security forces were directly responsible for the death of Summaya  Abdurashidova.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">72.\u00a0\u00a0Accordingly,   the Court finds no direct State responsibility, and thus no violation  of Article 2 of the Convention in this respect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0The alleged failure to  safeguard the right to  life of Summaya Abdurashidova<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">73.\u00a0\u00a0The   Court has not found it established that State agents were responsible  for the death of the applicant&#8217;s daughter. However, this does not  necessarily  preclude the responsibility of the Government under Article 2 of the  Convention (see Osmano\u011flu v. Turkey, no. 48804\/99, \u00a7  71, 24 January 2008).  According to the established case-law of the Court, the first sentence  of Article 2 \u00a7 1 enjoins the State not only to refrain from the  intentional  and unlawful taking of life, but also to take appropriate steps to  safeguard  the lives of those within its jurisdiction (see L.C.B. v.\u00a0the United Kingdom,  9\u00a0June 1998, \u00a7 36, Reports of Judgments and Decisions 1998-III).  The State&#8217;s  obligation in this respect extends beyond its primary duty to secure  the right to life by putting in place effective criminal-law provisions  to deter the commission of offences against the person, backed up by  law-enforcement machinery for the prevention, suppression and punishment   of breaches of such provisions. Article 2 of the Convention may also  imply a positive obligation on the authorities to take preventive  operational  measures to protect an individual whose life is at risk from the  criminal  acts of another individual (see <a name=\"01000001\"><\/a>Osman <a name=\"01000002\"><\/a>v.\u00a0the\u00a0<a name=\"01000003\"><\/a>United Kingdom,  28\u00a0October 1998, \u00a7\u00a0115, Reports 1998-VIII).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">74.\u00a0\u00a0In   this connection the Court reiterates that, in the light of the  difficulties  in policing modern societies, the unpredictability of human conduct  and the operational choices which must be made in terms of priorities  and resources, the scope of the positive obligation must be interpreted  in a way which does not impose an impossible or disproportionate burden  on the authorities. Not every claimed risk to life, therefore, can  entail  for the authorities a Convention requirement to take operational  measures  to prevent that risk from materialising. For a positive obligation to  arise, it must be established that the authorities knew or ought to  have known at the time of the existence of a real and immediate risk  to the life of an identified individual or individuals from the criminal   acts of a third party and that they failed to take measures within the  scope of their powers which, judged reasonably, might have been expected   to avoid that risk (see Osman, cited above, \u00a7 116).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">75.\u00a0\u00a0In   the light of the foregoing, the Court will have to determine whether  the way in which the police operation was conducted showed that the  police officers had taken appropriate care to ensure that any risk to  the life of the applicant&#8217;s daughter was kept to a minimum. In carrying  out its assessment of the planning and control phase of the operation  from the standpoint of Article 2 of the Convention, the Court must have  particular regard to the context in which the incident occurred as well  as to the way in which the situation developed (see Andronicou and Constantinou v. Cyprus,  9 October 1997, \u00a7 182, Reports 1997-VI).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">76.\u00a0\u00a0Turning   to the circumstances of the present case, the Court notes that its  ability  to evaluate the operation has been seriously hampered by the absence  of any meaningful investigation into the police&#8217;s conduct. Nevertheless,   the Court will assess the organisation of the operation on the basis  of the material available to it, in particular by relying on the  relevant  evidence submitted by the Government, which is not disputed by the  applicant.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">77.\u00a0\u00a0First   of all, the Court notes that the operation was not spontaneous and the  police had time to gather and bring to the applicant&#8217;s house a  significant  number of well-equipped and trained servicemen. They arrived in the  early hours of the morning and surrounded the house, without  encountering  any difficulties or resistance from the suspected criminals (see  paragraphs  39 and 42 above). The prosecutor&#8217;s office and the police conducting  the operation were aware of the danger posed by the two criminal  suspects,  as is demonstrated by the impressive scope of the security arrangements.   They also had sufficient time and personnel for the adequate planning  and execution of the search and apprehension, while bearing in mind  the need to ensure the safety of the inhabitants of the house, including   three small children. However, there is nothing in the documents  reviewed  by the Court to suggest that any serious consideration was devoted to  this issue at the planning stage of the operation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">78.\u00a0\u00a0It   further appears that once the operation had commenced, the police took  steps to remove the applicant&#8217;s family from the house. According to  the Government, as the head of the criminal investigations department  of the district police office stated, one member of the special police  force was allowed into the house and was able to walk away unharmed  with the applicant, her husband and their two children (see paragraph  42 above). Nevertheless, it remains entirely unclear why at that moment  it was impossible to evacuate the applicant&#8217;s daughter. In the absence  of any explanations from the authorities, this has to be seen as a major   failure of the operation, which subjected the child to an impermissibly  high risk of injury or death.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">79.\u00a0\u00a0The   police officers should have been aware of the extreme vulnerability  of a six-year-old girl, who would undoubtedly have been frightened and  disoriented by the events. Once it became apparent that she had been  left behind, ensuring her safety should have been the primary concern  for the law-enforcement personnel. However, from the documents submitted   by the Government, it does not appear that any precautions were taken  with a view to safeguard the child&#8217;s life. Instead, it appears that  an exchange of fire was provoked by the sending of two officers of the  special police force to enter the house by the main door. This led to  the wounding of the two officers and the deaths of both suspects and  Summaya Abdurashidova. While bearing in mind the limitations on the  scope of its review as mentioned above, the Court finds that such  conduct  by the police could hardly be found to be compatible with the  requirement  to minimise the risk to life of persons in need of protection.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">80.\u00a0\u00a0Finally,   the Court is surprised by the lack of diligence displayed in the  immediate  aftermath of the skirmish. Thus, it is impossible to understand why  a local resident was allowed on to the site before the investigators  and emergency services. The Court will discuss the deficiencies of the  investigation below; however, the control over security arrangements  whereby a civilian was able to penetrate the police lines can be best  described as seriously flawed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">81.\u00a0\u00a0In   the light of the foregoing, and in so far as conclusions may be drawn  from the material before it, the Court finds that the actions of the  authorities in respect of the planning, control and execution of the  operation were not sufficient to safeguard the life of Summaya  Abdurashidova.  The authorities failed to take the reasonable measures available to  them in order to prevent a real and immediate risk to the life of the  applicant&#8217;s daughter.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">82.\u00a0\u00a0There   has accordingly been a violation of the positive obligations arising  under Article 2.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0The alleged inadequacy  of the investigation  of the kidnapping<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">83.\u00a0\u00a0The   Court has on many occasions stated that the obligation to protect the  right to life under Article 2 of the Convention also requires by  implication  that there should be some form of effective official investigation when  individuals have been killed as a result of the use of force. It has  developed a number of guiding principles to be followed for an  investigation  to comply with the Convention&#8217;s requirements (for a summary of these  principles see Bazorkina, cited above, \u00a7\u00a7\u00a0117-119).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">84.\u00a0\u00a0In   the present case the investigation took some steps to establish the  circumstances of Summaya Abdurashidova&#8217;s death. The investigator and  forensic and criminal experts drew up a description of the body and  took photographs of it. Their statements were collected in April 2005.  These measures were taken in the course of the proceedings conducted  by the district prosecutor&#8217;s office against the two men suspected of  the murder of a police inspector and involvement in illegal armed  groups.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">85.\u00a0\u00a0However,   no separate inquiry was initiated for the purpose of ascertaining the  details of the applicant&#8217;s daughter&#8217;s death. Consequently, other  important  investigative steps have not been taken, such as questioning the other  witnesses and ordering additional expert reports.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">86.\u00a0\u00a0The   Court is appalled by the fact that as a result of this failure the  applicant  was never accorded any procedural status, and was thus entirely excluded   from the investigation concerning her daughter&#8217;s death. The  investigators  in the present case blatantly ignored the requirements to safeguard  the interests of the next of kin in the proceedings and to allow public  scrutiny. What is even more disturbing is that this situation was not  corrected when the applicant attempted to bring this failure to the  attention of the district court, whose role in principle should be to  act as a safeguard against the arbitrary exercise of powers by the  investigating  authorities (see, mutatis mutandis, Trubnikov   v. <a name=\"01000004\"><\/a>Russia (dec.), no.\u00a049790\/99,  14\u00a0October  2003).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">87.\u00a0\u00a0These   factors resulted in the investigation&#8217;s failure to examine all the  circumstances  of the girl&#8217;s death, including the aspects of the police operation,  as the positive obligations under Article 2 require.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">88.\u00a0\u00a0In   the light of the foregoing, the Court holds that the authorities failed  to carry out an effective criminal investigation into the circumstances  surrounding the death of Summaya Abdurashidova, in breach of Article\u00a02  in its procedural aspect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE  3 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">89.\u00a0\u00a0The   applicant relied on Article 3 of the Convention, submitting that as  a result of her daughter&#8217;s death and the State&#8217;s failure to investigate  it properly, she had endured mental suffering in breach of Article 3  of the Convention. Article 3 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cNo one shall be subjected to torture or to  inhuman or degrading treatment or punishment.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">90.\u00a0\u00a0The   Government disagreed with these allegations and argued that it had not  been established that the applicant&#8217;s daughter&#8217;s death had been caused  by State agents. They also denied that there had been any deficiencies  in the investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">91.\u00a0\u00a0The   applicant maintained her submissions.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">92.\u00a0\u00a0The   Court would refer to its practice by which the application of Article  3 is usually not extended to the relatives of persons who have been  killed by the authorities in violation of Article <a name=\"01000005\"><\/a>2  (see Yasin  Ate\u015f v. Turkey, no. 30949\/96, \u00a7\u00a0135, 31 May 2005) or  to cases of unjustified use of lethal force by State agents (see Isayeva  and Others v. Russia, nos.\u00a057947\/00, 57948\/00 and  57949\/00,  \u00a7\u00a0229, 24 February 2005), as opposed to the relatives of the victims  of enforced disappearances. In such cases the Court would normally limit   its findings to Article <a name=\"01000006\"><\/a>2. In the present case  the Court  did not find that the applicant&#8217;s daughter had been killed by State  agents and considers that the grievances expressed by the applicant  are covered by its above findings under the substantive and procedural  headings of Article 2.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">93.\u00a0\u00a0It   therefore concludes that, even if this complaint were to be declared  admissible, there is no need to examine it separately.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">III.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE  1 OF PROTOCOL No. 1 TO THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">94.\u00a0\u00a0The   applicant further stated that her house and property had been damaged  during the security operation on 14 March 2005. She invoked Article  1 of Protocol No. 1, which reads, in so far as relevant:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cEvery natural or legal person is entitled  to the peaceful enjoyment of his possessions. No one shall be deprived  of his possessions except in the public interest and subject to the  conditions provided for by law and by the general principles of  international  law. &#8230;\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">95.\u00a0\u00a0First, the Government  stressed  that the applicant had failed to seek damages from the State or from  third parties through civil proceedings, and therefore had failed to  exhaust domestic remedies. The Government then contended that the damage   to the house had been partly caused by the explosions of hand grenades  employed by the two criminal suspects and that the State could therefore   not be held responsible for it. They further argued that the documents  obtained during the investigation demonstrated that some parts of the  house had been unfinished and uninhabitable and that the load-bearing  walls and roof had not suffered any significant damage. Furthermore,  the valuables collected by the investigator during the search on 14  March 2005 had been returned to the applicant after she had signed for  them. No other valuables or documents had been collected.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">96.\u00a0\u00a0The applicant reiterated  the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">97.\u00a0\u00a0The   Government argued that the applicant had failed to exhaust domestic  remedies. As regards criminal-law remedies, the Court observes that  the applicant alleged that the damage had been caused to her property  during the security operation of 14 March 2005. The applicant raised  the question of the damage to her property in her formal complaints  to the authorities (paragraph 21). However, for the same reasons as  noted above in respect of her complaint under Article 2, not only was  no investigation conducted into this allegation, but the applicant was  not accorded any procedural status. This deprived her of any possibility   of participating in the proceedings or even of appealing effectively  against their outcome. The Court refers to its conclusions in paragraph  58 above, and finds that the applicant exhausted domestic remedies in  this respect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">98.\u00a0\u00a0Furthermore,   in the absence of any domestic findings concerning the responsibility  for the damage caused to the applicant&#8217;s proper<a name=\"01000007\"><\/a>ty,  the  Court is not persuaded that the court remedy referred to by the  Government  was accessible to the applicant and would have had any prospects of  success (see Betayev and Betayeva v. Russia,  no. 37315\/03, \u00a7 112,  29 May 2008). The Government&#8217;s objection concerning non-exhaustion of  domestic remedies must therefore be dismissed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">99.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35 \u00a7 3 of the Convention. It further notes that  the complaint is not inadmissible on any other grounds and must  therefore  be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">100.\u00a0\u00a0The   Court notes that the Government did not deny that the applicant&#8217;s  property  had been damaged during the security operation on 14\u00a0March 2005. They  disagreed about the extent to which the State authorities had been  responsible  for the losses and the amount of damage caused.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">101.\u00a0\u00a0The   Court<a name=\"01000008\"><\/a> observes that the applicant brought her  complaint  about the property to the attention of both the prosecutor&#8217;s service  and the district court. She also took steps to record her losses with  the assistance of the local administration (paragraph 30 above).  Unfortunately,  as noted above, no steps were taken to verify these complaints and to  establish the exact circumstances of the events. The Government did  not disclose any documents from the domestic investigation which could  shed light on the events either; and the witnesses&#8217; statements simply  confirmed that the house and household items had been damaged. It also  follows from these statements that the damage had been at least partly  caused by the State agents who had stormed the house. Accordingly, the  Court finds that there was an interference with the applicant&#8217;s right  to the protection of her proper<a name=\"01000009\"><\/a>ty.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">102.\u00a0\u00a0In   the absence of any arguments from the Government as to the lawfulness  and proportionality of this interference, the Court finds that there  has been a violation of the applicant&#8217;s right to protection of proper<a name=\"0100000A\"><\/a>ty  guaranteed by Article 1 of Protocol No.\u00a01 to the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">IV.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE  13 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">103.\u00a0\u00a0The   applicant complained that she had been deprived of effective remedies  in respect of the aforementioned violations, contrary to Article 13  of the Convention, which provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cEveryone whose rights and freedoms as set  forth in [the] Convention are violated shall have an effective remedy  before a national authority notwithstanding that the violation has been  committed by persons acting in an official capacity.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">104.\u00a0\u00a0The Government contended  that the applicant had had effective remedies at her disposal as  required  by Article 13 of the Convention and that the authorities had not  prevented  her from using them. The applicant had had an opportunity to challenge  the acts or omissions of the investigating authorities in court pursuant   to Article 125 of the Code of Criminal Procedure and had availed herself   of it. They added that participants in criminal proceedings could also  claim damages in civil proceedings. In sum, the Government submitted  that there had been no violation of Article 13.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">105.\u00a0\u00a0The applicant reiterated  the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">106.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35 \u00a7 3 of the Convention. It further notes that  it is not inadmissible on any other grounds. It must therefore be  declared  admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">107.\u00a0\u00a0The   Court reiterates that in circumstances where, as here, a criminal  investigation  into the circumstances of a violent death has been ineffective and the  effectiveness of any other remedy that might have existed, including  civil remedies suggested by the Government, has consequently been  undermined,  the State has failed in its obligation under Article\u00a013 of the  Convention  (see Khashiyev and Akayeva, cited above,  \u00a7\u00a0183, and Medova v.\u00a0Russia, no. 25385\/04, \u00a7  130, ECHR 2009-&#8230;(extracts)).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">108.\u00a0\u00a0As   to the applicants&#8217; complaint under Article 13 in conjunction with  Article  1 of Protocol No. 1, the Court considers that in a situation where the  authorities denied involvement in the alleged damage to the applicant&#8217;s  belongings and where the domestic investigation completely failed to  examine the matter, the applicant did not have any effective domestic  remedies in respect of the alleged violations of her property rights.  Accordingly, there has been a violation on that account (see Karimov and Others v. Russia, no.  29851\/05, \u00a7 150, 16 July  2009).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">109.\u00a0\u00a0Consequently,   there has been a violation of Article 13 in conjunction with Article  2 of the Convention and Article 1 of Protocol No.\u00a01.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">V.\u00a0\u00a0APPLICATION  OF ARTICLE 41 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">110.\u00a0\u00a0Article   41 of the Convention provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cIf the Court finds that there has been a  violation  of the Convention or the Protocols thereto, and if the internal law  of the High Contracting Party concerned allows only partial reparation  to be made, the Court shall, if necessary, afford just satisfaction  to the injured party.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Pecuniary damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">111.\u00a0\u00a0Referring   to the note of 15 March 2005 about the damage to the house (see  paragraph  30 above), the applicant claimed 800,000 Russian roubles (RUB \u2013 18,800  euros (EUR)) under this heading.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">112.\u00a0\u00a0The   Government disputed that the State bore responsibility for the damage  caused and regarded these claims as unfounded.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">113.\u00a0\u00a0The   Court reiterates that there must be a clear causal connection between  the damage claimed by the applicant and the violation of the Convention.   Furthermore, under Rule 60 of the Rules of Court, any claim for just  satisfaction must be itemised and submitted in writing together with  the relevant supporting documents or vouchers, \u201cfailing which the  Chamber may reject the claim in whole or in part\u201d.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">114.\u00a0\u00a0The   Court notes that the applicant submitted one report drawn up on 15 March   2005, confirming that her house and household items had suffered  significant  damage. However, in the absence of a more detailed breakdown of costs  and of any other additional evidence concerning the value of the lost  and damaged items, the Court is sceptical about accepting it as final  evidence of the amount claimed. The Court nevertheless agrees that the  applicant must have borne some costs in relation to the lost property,  and that there is a clear causal connection between these and the  violation  of Article 1 of Protocol No. 1 found above, since the damage was at  least partly caused by State agents.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">115.\u00a0\u00a0In   the light of the above considerations, the Court finds it appropriate  to awards an amount of EUR 8,000 to the applicant as compensation for  the pecuniary losses sustained, plus any tax that may be chargeable  on that amount.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0Non-pecuniary damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">116.\u00a0\u00a0The   applicant claimed EUR\u00a0300,000 in respect of non-pecuniary damage for  the suffering she had endured as a result of the loss of her daughter  and the failure to investigate it properly.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">117.\u00a0\u00a0The   Government found the amount claimed exaggerated.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">118.\u00a0\u00a0The   Court has found a violation of the positive obligation to protect the  right to life of the applicant&#8217;s daughter and a violation of the right  to the peaceful enjoyment of property under Articles 2 and 13 of the  Convention and Article 1 of Protocol No. 1. The Court accepts that the  applicant has suffered non-pecuniary damage which cannot be compensated  for solely by the findings of violations. It awards her EUR\u00a060,000, plus   any tax that may be chargeable on that amount.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0\u00a0Costs and expenses<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">119.\u00a0\u00a0The   applicant was represented by two lawyers from the International  Protection  Centre. They submitted a breakdown of costs borne by them, which  included  fifty-six hours of research and drafting legal documents at a rate of  EUR\u00a060 per hour and EUR\u00a0120 of postal and stationary expenses. The  aggregate  claim in respect of costs and expenses related to legal representation  amounted to EUR\u00a03,480.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">120.\u00a0\u00a0The Government did not  dispute the reasonableness of and justification for the amounts claimed  under this heading.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">121.\u00a0\u00a0The   Court has to establish first whether the costs and expenses indicated  by the applicant&#8217;s representatives were actually incurred and, second,  whether they were necessary (see McCann  and Others v. the United Kingdom, 27 September 1995, \u00a7  220, Series A no. 324).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">122.\u00a0\u00a0Having   regard to the information submitted by the applicant, the Court is  satisfied  that these rates are reasonable and reflect the expenses actually  incurred  by the applicant&#8217;s representatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">123.\u00a0\u00a0As   to whether the costs and expenses incurred for legal representation  were necessary, the Court notes that this case was relatively complex  and required a certain amount of research and preparation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">124.\u00a0\u00a0Having   regard to the details of the claims submitted by the applicant, the  Court awards her the amount of EUR\u00a03,480 as claimed, together with any  value-added tax that may be chargeable to her.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">D.\u00a0\u00a0Default interest<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">125.\u00a0\u00a0The   Court considers it appropriate that the default interest should be based   on the marginal lending rate of the European Central Bank, to which  should be added three percentage points.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">FOR THESE REASONS, THE COURT UNANIMOUSLY<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Dismisses  the Government&#8217;s objections as to non-exhaustion  of domestic remedies in respect of the complaints under Article 2 of  the Convention and Article 1 of Protocol No.\u00a01;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Declares  the complaints under Articles 2, 3 and 13 of the Convention  and Article 1 of Protocol No.\u00a01 admissible;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Holds that  there has been no substantive violation of Article\u00a02  of the Convention in respect of Summaya Abdurashidova;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Holds that  there has been a violation of Article\u00a02 of the Convention  on account of the State&#8217;s failure to comply with its positive obligation   to protect the life of Summaya Abdurashidova;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0Holds that  there has been a violation of Article\u00a02 of the Convention  on account of the failure to conduct an effective investigation into  the circumstances in which Summaya Abdurashidova died;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0 Holds that  no separate  issues arise under Article\u00a03 of the Convention;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0Holds   that there has been a violation of Article\u00a01 of Protocol No.\u00a01 to the  Convention;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0Holds   that there has been a violation of Article\u00a013 of the Convention in  respect  of the alleged violations of Article 2 of the Convention and of Article  1 of Protocol No. 1;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0Holds<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0that the respondent State is to pay,  within three months from the date on which the judgment becomes final  in accordance with Article\u00a044\u00a0\u00a7\u00a02 of the Convention, the following  amounts:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(i)\u00a0\u00a0EUR\u00a08,000 (eight thousand euros), plus   any tax that may be chargeable, in respect of pecuniary damage to the  applicant;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(ii)\u00a0\u00a0EUR\u00a060,000 (sixty thousand euros),  plus  any tax that may be chargeable, in respect of non-pecuniary damage to  the applicant;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(iii)\u00a0\u00a0EUR\u00a03,480 (three thousand four  hundred  and eighty euros), plus any tax that may be chargeable to the applicant,   in respect of costs and expenses, to be converted into Russian roubles  at the date of settlement;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0that from the expiry of the  above-mentioned  three months until settlement simple interest shall be payable on the  above amounts at a rate equal to the marginal lending rate of the  European  Central Bank during the default period plus three percentage points;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0Dismisses  the remainder of the applicant&#8217;s claim for just satisfaction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Done in English, and notified in writing   on 8 April 2010, pursuant to Rule 77 \u00a7\u00a7 2 and 3 of the Rules of Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">S\u00f8ren  Nielsen\u00a0Christos  Rozakis<br \/>\nRegistrar\u00a0President<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>****<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>CASE OF MUDAYEVY v.  RUSSIA<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>(Application no.  33105\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">JUDGMENT<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">STRASBOURG<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>8 April 2010<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">This judgment will become  final in the circumstances  set out in Article\u00a044 \u00a7\u00a02 of the Convention. It may be subject to  editorial  revision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>In the case of Mudayevy v. Russia,<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The   European Court of Human Rights (First Section), sitting as a Chamber  composed of:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Christos  Rozakis, President,<br \/>\nNina Vaji\u0107,<br \/>\nAnatoly Kovler,<br \/>\nElisabeth Steiner,<br \/>\nKhanlar Hajiyev,<br \/>\nGiorgio Malinverni,<br \/>\nGeorge Nicolaou, judges,<br \/>\nand S\u00f8ren  Nielsen, Section Registrar,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Having   deliberated in private on 18 March 2010,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Delivers   the following judgment, which was adopted on that date:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">PROCEDURE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The   case originated in an application (no. 33105\/05) against the Russian  Federation lodged with the Court under Article 34 of the Convention  for the Protection of Human Rights and Fundamental Freedoms (\u201cthe  Convention\u201d) by two Russian nationals, Mr Lomali (also spelled as  Lom-Ali) Mudayev and Ms Malkan Mudayeva (\u201cthe applicants\u201d), on 25\u00a0July  2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The   applicants, who were granted legal aid, were represented by lawyers  of the Centre of Assistance to International Protection, an NGO based  in Moscow. The Russian Government (\u201cthe Government\u201d) were represented  by the First Deputy Minister of Justice Mr A. Savenkov and subsequently  by the Representative of the Russian Federation at the European Court  of Human Rights Mr G. Matyushkin.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0On   1 April 2008 the Court decided to give notice of the application to  the Government. Under the provisions of Article 29 \u00a7 3 of the  Convention,  it decided to examine the merits of the application at the same time  as its admissibility. On 2 April 2008 it decided to apply Rule\u00a041 of  the Rules of Court and to grant priority treatment to the application.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0The   Government objected to the joint examination of the admissibility and  merits of the application. Having considered the Government&#8217;s objection,   the Court dismissed it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0The   applicants were born in 1950 and 1948 respectively. They live in  Raduzhnoye,  in the Grozny district, Chechnya. The applicants are the father and  aunt of Aslan Mudayev, who was born in 1985, and Mokhmad Mudayev, who  was born in 1982. The first applicant had a third son, Mr\u00a0Akhmad  Mudayev,  who was killed in July 2003.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Disappearance of Aslan and Mokhmad Mudayev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The applicants&#8217; account<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">a.\u00a0The abduction of Aslan and Mokhmad Mudayev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0On   29 January 2003 Russian military servicemen conducted a special  operation  in the village of Raduzhnoye in the Grozny district of Chechnya. More  than twenty persons were apprehended as a result of the operation,  including  Aslan and Mokhmad Mudayev and another of the applicants&#8217; relatives,  Mr Islam A. At the material time the village was under the full control  of the federal forces.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0At   about 8 a.m. on 29 January 2003 the first applicant and his sons Aslan  and Mokhmad Mudayev and other relatives, including Mr Israil M. and  Mr Islam A., were in their family home situated in Raduzhnoye. The first   applicant heard noise coming from the street and looked out of the  window.  He saw a group of armed men in camouflage uniforms and masks running  into his yard. The men entered the house and ordered everyone to lie  face down on the floor. They neither introduced themselves nor produced  any documents.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0The   intruders ordered the first applicant to hand over his family members&#8217;  passports and the family photographs. Upon receiving the documents and  the photographs, the men took Aslan Mudayev, Mokhmad Mudayev and the  first applicant&#8217;s nephew Mr Islam A. outside.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0The   first applicant attempted to follow his relatives, but the armed men  in the yard threatened to kill him. Meanwhile, the applicant&#8217;s sons  and nephew were put in a grey UAZ car (\u201c\u0442\u0430\u0431\u043b\u0435\u0442\u043a\u0430\u201d).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0Sometime   later the first applicant managed to go outside and saw a convoy of  ten to twelve vehicles, including a grey UAZ car, two or three khaki  coloured UAZ-469 cars and an APC (armoured personnel carrier) driving  away in the direction of Grozny.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">11.\u00a0\u00a0On   the following day of 30 January 2003 all persons detained during the  special operation, except for Aslan and Mokhmad Mudayev, were released.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">b. The subsequent events<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">12.\u00a0\u00a0Immediately   after the apprehension of Aslan and Mokhmad Mudayev the applicants and  their relatives started searching for them.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">13.   The applicants&#8217; relative, Mr Israil M., who was at the first applicant&#8217;s   house during the abduction, immediately followed the convoy of military  vehicles in his VAZ car with two female relatives. On the way to Grozny  the abductors&#8217; vehicles split into two groups. One of them, comprised  of the APC and several UAZ cars, drove in the direction of the nearby  village of Znamenskoye in the Nadterechniy district, while the other  proceeded in the direction of Grozny.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">14.\u00a0\u00a0When   the group arrived at Znamenskoye, the vehicles drove to the building  of the Nadterechniy district department of the Federal Security Service  (\u201cthe Nadterechniy district department of the FSB\u201d) and the Nadterechniy   district department of the interior (\u201cthe Nadterechniy ROVD\u201d). Some  of the vehicles drove onto the agencies&#8217; premises.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">15.\u00a0\u00a0Mr   Israil M. and relatives of other men apprehended during the operation  in Raduzhnoye decided to wait at the entrance to the FSB building.  Several  hours later Mr Israil M. managed to talk to the head of the Nadterechniy   district department of the FSB Mr Mayrbek Kh. (also known as Mairbek  Kh.; in the documents submitted he was also referred to as Mr\u00a0M. Kh.)  The latter told him that he would not release his relatives until two  prosecution officials who had been abducted several days ago had been  returned. He told Mr Israil M. that he knew about the involvement of  the first applicant&#8217;s other son, Akhmad Mudayev, in the abduction of  the two officials. The officer threatened that if within the next two  days Mr Israil M. did not return the two prosecutors or bring Akhmad  Mudayev to their office, he would hand over Mr Israil&#8217;s apprehended  relatives to military servicemen in Khankala, the main base of the  Russian  federal forces in Chechnya.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">16.\u00a0\u00a0Subsequently   the applicants and their relatives spoke with Akhmad Mudayev, who told  them that he had not participated in the prosecutors&#8217; abduction and  refused to go to the district department of the FSB.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">17.\u00a0\u00a0Within   the next five or six months Mr Israil M. had regular meetings with Mr  Mayrbek Kh. The latter insisted on his demands.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">18.\u00a0\u00a0On   3 July 2003 the first applicant&#8217;s elder son Akhmad Mudayev was killed  in a skirmish. After that Mr Mayrbek Kh. told the first applicant that  at some point Russian military forces had taken Aslan and Mokhmad  Mudayev  from his department under false identities and that he did not have  any information concerning the brothers&#8217; whereabouts.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">c. Information obtained by the applicants  about the detention of Aslan and Mokhmad Mudayev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">19.\u00a0\u00a0The   first applicant&#8217;s nephew, Mr Islam A., who had been apprehended with  Aslan and Mokhmad Mudayev, was released on 30\u00a0January 2003. Mr Islam  A. told the applicants that he had been put in one cell with Aslan and  Mokhmad Mudayev. In the evening of 29 January 2003 he had been  questioned  by Mr Mayrbek Kh., the head of the Nadterechniy district department  of the FSB.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">20.\u00a0\u00a0In   February 2003 Mr Mayrbek Kh. arrived at the mosque of the Raduzhnoye  village. He told a number of local residents gathered there that Aslan  and Mokhmad Mudayev had been detained in the FSB building. One of the  local residents, Mr Arsanuka M., asked him whether any criminal charges  had been brought against the brothers. In response the officer told  him that he would release Aslan and Mokhmad Mudayev only if their elder  brother Akhmad surrendered to the authorities.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">21.\u00a0\u00a0Mr   Aslan A., who had been detained for some time with the Mudayev brothers  in the FSB building and released, told the applicants that during the  detention, Aslan and Mokhmad Mudayev had been beaten and questioned  separately from each other.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">22.\u00a0\u00a0On   10 May 2003 (in the documents submitted the date 12 May 2003 was also  given) an explosion occurred in the building of the Nadterechniy  district  department of the FSB and partially destroyed it. In the evening of  10 May 2003 Aslan and Mokhmad Mudayev were taken from the building to  an unknown destination. There has been no news about the brothers ever  since.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">23.\u00a0\u00a0In   support of their statements the applicants submitted: an account by  the first applicant (undated); an account by Mr Israil M. dated  12\u00a0November  2003; an account by Mr Islam A. dated 14 November 2003; an account by  Mr Khavashi K. (undated); an account by Mr Arsanuka M. (undated); an  account by Mr Amin K. (undated) and copies of documents received from  the authorities.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">24.\u00a0\u00a0The Government did not  challenge  most of the facts as presented by the applicants. According to their  submission of 25 July 2008 \u201c&#8230; on 29\u00a0September 2003 an investigator  of the Grozny district prosecutor&#8217;s office initiated an investigation  of criminal case no.\u00a042172 opened in connection with the abduction of  Aslan and Mokhmad Mudayev under Article 126\u00a0\u00a7\u00a02 of the Criminal Code  &#8230;\u201d.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">25.\u00a0\u00a0In the same submission,  referring to the contents of criminal case no.\u00a042172, the Government  further stated:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c&#8230; on 29 January 2003 in the village  of Raduzhnoye in the Nadterechniy district of Chechnya officers of the  Nadterechniy district department of the FSB conducted a special  operation.  The goal of the operation was the identification of persons who had  abducted employees of the Chechnya prosecutor&#8217;s office. In the course  of the criminal investigation [of the Mudayev brothers&#8217; abduction] the  head of the Nadterechniy district department of the FSB, Mr M. Kh.,  who was in charge of the operation, was questioned by the investigators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">[According to his statement] during the  operation Aslan and Mokhmad Mudayev had been brought to the Nadterechniy   district department of the FSB in connection with the abduction of the  officials from the Chechnya prosecutor&#8217;s office. As a result of the  questioning it had been established that Aslan and Mokhmad Mudayev had  not been involved in the abduction of the prosecution officials. After  that Aslan and Mokhmad Mudayev had been released.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">26.\u00a0\u00a0The Government also  submitted:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c&#8230; on 12 May 2003 a terrorist act  was committed in the village of Znamenskoye in the Nadterechniy  district.  As a result, the building of the Nadterechniy district department of  the FSB was partially destroyed. Procedural documents, explanations  and statements by Aslan and Mokhmad Mudayev were [also] destroyed.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The search for Aslan and Mokhmad Mudayev  and the investigation<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Information submitted by the  applicants<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">a. The official investigation into the  abduction<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">27.   The applicants and their relatives also contacted, both in person and  in writing, various official bodies, such as the Chechen administration,   military commanders&#8217; offices, departments of the interior and  prosecutors&#8217;  offices at different levels, asking for help in establishing the  whereabouts  of Aslan and Mokhmad Mudayev. The applicants retained copies of a number   of those complaints and submitted them to the Court. An official  investigation  was opened by the local prosecutor&#8217;s office. The relevant information  is summarised below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">28.\u00a0\u00a0According   to the applicants, from January 2003 to August 2003, on a number of  occasions, they complained in person to the Nadterechniy district  prosecutor&#8217;s  office about the abduction of their relatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">29.\u00a0\u00a0On   22 September 2003 a local human rights organisation complained on behalf   of the applicants and their relatives to the Grozny district  prosecutor&#8217;s  office about the abduction of Aslan and Mokhmad Mudayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">30.\u00a0\u00a0On   29 September 2003 the Chechnya prosecutor&#8217;s office forwarded the  applicants&#8217;  complaint about the abduction of their relatives to the Grozny district  prosecutor&#8217;s office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">31.\u00a0\u00a0On   15 January 2004 the applicants&#8217; representatives wrote to the Chechnya  prosecutor&#8217;s office. They described in detail the circumstances of the  Mudayev brothers&#8217; abduction during the special operation conducted by  the Nadterechniy district department of the FSB on 29 January 2003.  The letter stated that the brothers had been taken to the detention  centre of the district department of the FSB; they had been detained  there until 10 May 2003, when they had been taken away in an unknown  direction. According to the information obtained by the applicants from  the persons who had been detained together with Aslan and Mokhmad  Mudayev  from January to May 2003, the conditions of their detention had been  inhuman; the brothers had been beaten, had marks of ill-treatment on  their bodies and fallen ill. After May 2003, according to some  witnesses,  the conditions of their detention in another place had also been  inhuman;  the brothers had been severely beaten and bound by adhesive tape.  According  to the letter, the applicants and their relatives had spoken with the  head of the Nadterechniy district department of the FSB Mr Mayrbek Kh.  who had told them that the release of the two Mudayev brothers would  be possible only in exchange for their elder brother Akhmad. The letter  further stated that the applicants had complained about the arrest and  detention of Aslan and Mokhmad Mudayev to a number of authorities,  including  the Nadterechniy district prosecutor&#8217;s office, the Nadterechniy district   department of the FSB, the Grozny district prosecutor&#8217;s office and the  Chechnya prosecutor&#8217;s office. Referring to the European Convention on  Human Rights the applicants requested the following information: on  what grounds the Mudayev brothers had been arrested; whether any  criminal  charges had been brought against them and if so, what stage the criminal   investigation was at; which authorities had issued the warrant for their   arrest and where exactly the brothers had been detained. Finally, the  applicants requested the authorities to ensure their safety and the  safety of the witnesses to the abduction of Aslan and Mokhmad Mudayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">32.\u00a0\u00a0On   11 February and 16 September 2004 the Chechnya prosecutor&#8217;s office  informed  the applicants that on 29 September 2003 the Grozny district  prosecutor&#8217;s  office had initiated an investigation into the abduction of Aslan and  Mokhmad Mudayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">33.\u00a0\u00a0On   28 April 2004 the Chechnya Department of Human Rights and Freedoms wrote   to the Chechnya prosecutor&#8217;s office. The letter stated that Aslan and  Mokhmad Mudayev had been abducted on 29 January 2003 during an identity  check.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">34.\u00a0\u00a0On   22 May 2004 the Grozny district prosecutor&#8217;s office granted the second  applicant victim status in criminal case no.\u00a042172 instituted in  connection  with the abduction of Aslan and Mokhmad Mudayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">35.\u00a0\u00a0On   10 August and 28 October 2004 the military prosecutor&#8217;s office of the  United Group Alignment (the military prosecutor&#8217;s office of the UGA)  forwarded the applicants&#8217; complaints about the abduction to the Chechnya   prosecutor&#8217;s office for examination.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">36.\u00a0\u00a0On   10 September 2004 the Grozny district prosecutor&#8217;s office informed the  applicants that the investigation in the criminal case had been  suspended  for failure to establish the identities of the perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">37.\u00a0\u00a0On   25 October 2004 the Grozny district prosecutor&#8217;s office informed the  Chechnya prosecutor&#8217;s office that on 21 June 2004 the investigation  in the criminal case had been suspended and that the investigators had  been instructed to take investigating measures and that upon their  completion  the case would be transferred to the Nadterechniy district prosecutor&#8217;s  office for further investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">38.\u00a0\u00a0On   18 February 2005 the Grozny prosecutor&#8217;s office informed the applicants  that on that date they had resumed the investigation in the criminal  case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">39.\u00a0\u00a0On   18 March 2005 the Grozny prosecutor&#8217;s office informed the applicants  that on that date they had suspended the investigation in the criminal  case for failure to establish the identities of the perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">40.\u00a0\u00a0On   19 April 2005 the second applicant requested the Grozny district  prosecutor&#8217;s  office to inform her about the results of the criminal investigation  of the abduction and provide her with access to the investigation file.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">41.\u00a0\u00a0On   5 May 2005 the first applicant complained to the Chechnya prosecutor&#8217;s  office. He stated that his two sons, Aslan and Mokhmad Mudayev, had  been abducted on 29 January 2003 by representatives of the Nadterechniy  district department of the FSB under the command of officer Mayrbek  Kh., and that the investigation opened by the Grozny prosecutor&#8217;s office   had been ineffective. In particular, the applicant pointed out that  the investigators had failed to comply with the court&#8217;s decision of  30 December 2004 concerning the reopening of the suspended investigation   and questioning of all persons involved in the abduction; that the  investigation  had been suspended several times in spite of the authorities&#8217; failure  to establish the circumstances of the abduction. The applicant requested   the Chechnya prosecutor&#8217;s office to take over the investigation and  to comply with the court&#8217;s decision of 30 December 2004.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">42.\u00a0\u00a0On   13 May 2005 the Chechnya prosecutor&#8217;s office informed the first  applicant  that the investigation in the criminal case had been resumed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">b. Proceedings against law-enforcement  officials<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">43.\u00a0\u00a0In   November 2004 the applicants lodged a complaint with the Grozny district   court of Chechnya (the district court). They complained of unlawful  suspensions of the investigation in the criminal case and a failure  on the part of the authorities to take basic investigative measures.  The applicants sought a ruling obliging the prosecutor&#8217;s office to  resume  the investigation and question the witnesses of their relatives&#8217;  abduction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">44.\u00a0\u00a0On   30 December 2004 the district court allowed the complaint. The court  stated, inter alia, the following:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c&#8230; the court established that:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8230; from [the date of the opening of  the criminal case] 29 September 2003 up to the present the investigation   in criminal case no.\u00a042172 was suspended three times and resumed twice  owing to the applicants&#8217; numerous complaints.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">On 30 November 2004 the investigator  Zh. U. took the last decision to suspend the investigation for failure  to establish the identities of the perpetrators; this decision was taken   by him after 25 November 2004, that is, [shortly] after the applicants  had lodged their court complaint about his actions.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Given the kind of approach the  investigator  has taken to the execution of his work duties, it is possible that the  perpetrators [of the abduction] will not be established any time soon  [&#8230;]the investigator did not carry out the written orders issued by  the deputy district prosecutor on 25 October 2004 &#8230; even though such  orders were compulsory &#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">In the course of the preliminary  investigation  it had been unequivocally established by whom and when the Mudayev  brothers  had been arrested and where they had been detained. From this it follows   that the investigator and the supervising prosecutor must concentrate  their attention on the identification of those who detained the  brothers,  on the examination of the lawfulness and the grounds for their  detention,  [and] the establishment of the actual place of their detention, which  was carried out without lawful grounds &#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The court decided:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0\u00a0\u00a0\u00a0 To recognise as unlawful the actions of the investigator  Zh.U.  concerning the suspension of the investigation in criminal case  no.\u00a042182  under Article\u00a0208\u00a0\u00a7\u00a01 of the Criminal Procedure Code [for failure to  establish  the identities of the perpetrators];<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0\u00a0\u00a0\u00a0 To oblige the investigator to carry out in full the  written orders  issued by the [supervising] prosecutor &#8230;;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0\u00a0\u00a0\u00a0 To question all persons involved in the arrest of the  Mudayev brothers  in violation of Articles 91 and 92 of the Criminal Procedure Code  [grounds  and procedure for detention];<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0\u00a0\u00a0\u00a0 To examine the lawfulness and the grounds for the  Mudayev brothers&#8217;  detention without a court order, [which took place] in violation of  Article 108 of the Criminal Procedure Code [arrest procedure] &#8230;\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">45.\u00a0\u00a0On   11 May 2005 the second applicant complained to the district court that  the investigation into the abduction had been ineffective. She described   in detail the circumstances of the abduction and pointed out that Aslan  and Mokhmad Mudayev had been unlawfully detained as hostages in the  Nadterechniy district department of the FSB. The applicant stated that  the investigation into the abduction had been suspended several times  and that the last suspension had taken place on 13 May 2005. The  applicant  sought a ruling obliging the prosecutor&#8217;s office to resume the  investigation  and transfer it to the Chechnya prosecutor&#8217;s office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">46.\u00a0\u00a0On   8 June 2005 the district court rejected the applicant&#8217;s complaint. On  16 August 2005 this decision was upheld on appeal by the Chechnya  Supreme  Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">47. The Government submitted  that the investigation of the abduction of the applicants&#8217; relatives  had commenced on 29 September 2003 upon receipt on 22 September 2003  of a complaint by the applicants&#8217; relative Mr\u00a0I.M. about the abduction  of Aslan and Mokhmad Mudayev on 29\u00a0January 2003.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">48.\u00a0\u00a0On 27 September 2003 the  investigators conducted a crime scene examination at the first  applicant&#8217;s  house. Nothing was collected from the scene.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">49.\u00a0 On 29 September 2003 the  first applicant was granted victim status in the criminal case and  questioned.  According to a copy of his witness statement submitted to the Court,  the applicant stated that at about 8.15 a.m. on 29 January 2003 a group  of fifteen masked men in military uniforms armed with automatic weapons  had broken into his house. The men had put everyone up against the wall,   and then ordered everyone to lie on the floor face down. After that  they had demanded everyone&#8217;s passports and checked them. The men had  returned all the documents, expect for the passports of his sons Aslan  and Mokhmad Mudayev. Immediately after the men had taken the applicant&#8217;s   two sons outside, put them in a light-coloured UAZ vehicle (&#8216;tabletka&#8217;)  and taken them to the settlement of Znamenskoye  in the Nadterechniy district of Chechnya. When the applicant had asked  the men about the reasons for the arrest of his sons, the men had not  explained anything. They had told him and his relatives to stay inside,  threatening to shoot if anyone went outside. According to the applicant,   the abductors had arrived at his house in a light-coloured UAZ vehicle  and two grey GAZ vehicles; the cars did not have registration numbers.  At some point later the applicant had asked the head of the Nadterechniy   district department of the FSB Mr Mayrbek Kh. about his sons. The latter   had told him that Aslan and Mokhmad Mudayev had been detained on the  premises of his department. The applicant had not received any other  information about his sons&#8217; whereabouts.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">50.\u00a0\u00a0On 22 May 2004 the  investigators  granted the second applicant victim status in the criminal case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">51.\u00a0\u00a0According to the  Government,  the investigators also questioned a number of witnesses. Without  providing  any of the relevant witness statements and the dates, the Government  summarised their testimonies as follows.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">52.\u00a0\u00a0On an unspecified date the   investigators questioned the applicants&#8217; relative, Mr I.B., who stated  that on 29 January 2003 he had been in the first applicant&#8217;s house with  his relatives. In the morning a group of armed masked men had broken  into the house, checked identity documents and taken him, Aslan and  Mokhmad Mudayev in a UAZ car to the village of Znamenskoye in the  Nadterechniy  district. There they had been placed in one cell. In the evening of  the same day the witness had been interrogated twice. The first  questioning  had been conducted by Mr M.Kh. who had asked him about Akhmed Mudayev.  The second interrogation was conducted by a man who had spoken  unaccented  Russian, in the presence of a Chechen man. In the evening of 30 January  2003 the witness had been released, whereas Aslan and Mokhmad Mudayev  remained in detention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">53.\u00a0\u00a0On an unspecified date the   investigators questioned the second applicant. She stated that on 29  February 2003 a special operation had been conducted in Raduzhnoye by  the local FSB office and that Mr Mayrbek Kh. had been in charge of it.  As a result of this operation more than twenty young men had been  arrested  in the settlement, including her nephews Aslan and Mokhmad Mudayev and  Mr I.A. Many of the detainees had been released in the evening on the  same day. On 30 January 2003 her nephew Mr I.A. had also returned home.  He had told her that he had been detained with Aslan and Mokhmad Mudayev   in the FSB office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">54.\u00a0\u00a0On unspecified dates the  investigators also questioned twelve other witnesses, including the  first applicant, Mr A.M., Mr I.M., Mr Yu.V., Mr\u00a0A.D., Mr S.B., Mr Sh.A.,   Ms A.B., Ms B.O., Mr T.A., Ms T.M., Mr\u00a0A.K. and Mr S.Z., who provided  statements similar to the one given by the second applicant.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">55.\u00a0\u00a0On an unspecified date the   investigators questioned the applicants&#8217; neighbour, Ms Kh. D., who  stated  that at about 9 a.m. on 29 January 2003 three grey UAZ vehicles without  registration numbers had arrived at the first applicant&#8217;s house. A group   of armed men in camouflage uniforms and masks had gotten out of the  cars. The men had taken the first applicant&#8217;s two sons and driven them  away in the direction of the Nadterechniy district.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">56.\u00a0\u00a0On an unspecified date the   investigators also questioned Mr I.M., who provided a statement similar  to the one given by Ms Kh.D.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">57.\u00a0\u00a0On an unspecified date the   investigators questioned Ms T.M. who stated that at about 9 a.m. on  29 January 2003 she had been driving with her relatives through the  area situated next to the bridge in the village of Pobedinskoye. There  she had seen several UAZ cars and APCs which were driving in the  direction  of the village of Znamenskoye in the Nadterechniy district. After the  witness had arrived at Pobedinskoye, she had learnt from the local  residents  that earlier in the morning a group of armed men in camouflage uniforms  under the command of the head of the Nadterechniy district department  of the FSB, Mr M. Kh., had taken Aslan and Mokhmad Mudayev away; that  the relatives of the abducted men had followed the abductors in cars  and that they had seen that the two brothers had been taken to the  premises  of the Nadterechniy district department of the FSB.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">58.\u00a0\u00a0On unspecified dates the  investigators also questioned three other witnesses, including Ms M.Yu.,   Ms. Z.K. and Ms L.A., who provided statements similar to the one given  by Ms T.M.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">59.\u00a0\u00a0On an unspecified date the   investigators questioned Mr Z.B., who stated that he had known Aslan  and Mokhmad Mudayev since childhood. On 29 January 2003 he had learnt  that the two brothers had been arrested as a result of the operation  conducted under the command of the head of the Nadterechniy district  department of the FSB, Mr M. Kh. According to the witness, the elder  brother of the arrested men, Akhmed, had been a member of illegal armed  groups but Aslan and Mokhmad had not been involved in illegal  activities.  At some point Akhmed Mudayev had been killed by the OMON (special task  force) police officers during a skirmish in the village of Dolinskoye.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">60.\u00a0\u00a0On an unspecified date the   investigators questioned the applicants&#8217; relative Mr E.M., who stated  that his nephews Aslan and Mokhmad Mudayev had been arrested on 29  January  2003 by representatives of the Nadterechniy district department of the  FSB in the presence of its head, Mr\u00a0Mayrbek Kh. On the following day  many of those who had been detained were released. However, Aslan and  Mokhmad Mudayev did not return home.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">61.\u00a0\u00a0On an unspecified date the   investigators questioned a police officer, N.M., who stated that in  the spring of 2003 he had worked as the district police officer in the  settlement of Podebinskoye in the Grozny district. About two months  prior to that, in the winter of 2003, Aslan and Mokhmad Mudayev had  been brought to the Nadterechniy district department of the FSB.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">62.\u00a0\u00a0On unspecified dates the  investigators also questioned Mr G.R. and Mr B.S., who had provided  statements similar to the above statement by Mr\u00a0N.M.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">63.\u00a0\u00a0On an unspecified date the   investigators questioned Mr E.A. who stated that about two or three  weeks after the apprehension of Aslan and Mokhmad Mudayev he had been  detained on the premises of the FSB office in the Nadterechniy district  and that at the time he had not seen the applicants&#8217; relatives there.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">64.\u00a0\u00a0On an unspecified date the   investigators questioned Mr S.Z., who stated that in January 2003 about  twenty of his fellow villagers, including Aslan and Mokhmad Mudayev,  had been detained by representatives of the FSB in the villages of  Raduzhnoye  and Dolinskoye. On 26 April 2003 he had been arrested by representatives   of the Nadterechniy district department of the FSB and was released  some time later. During his detention at the FSB office he had not seen  the applicants&#8217; relatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">65.\u00a0\u00a0On an unspecified date the   investigators questioned the head of the Nadterechniy district  department  of the FSB Mr Mayrbek Kh., who stated that after two staff members of  the Chechnya prosecutor&#8217;s office had been kidnapped their department  had taken operational search measures aimed at establishing the identity   of the perpetrators. As a result, Aslan and Mokhmad Mudayev had been  brought over to the FSB office and questioned. After it had been  established  that the two brothers had not been involved in the abduction, Aslan  and Mokhmad Mudayev had been released. The witness did not know why  the brothers had not returned home. The officer further stated that  Aslan and Mokhmad Mudayev had signed papers to the effect that they  had nothing against the officers of the FSB; however, these documents  had been later destroyed. Relatives of Aslan and Mokhmad Mudayev had  contacted the witness on a number of occasions asking for assistance  in establishing the brothers&#8217; whereabouts. According to the witness,  he had had information concerning the possible absconding of Aslan and  Mokhmad Mudayev from Chechnya to Ingushetia, where their brother Akhmed,   an active member of illegal armed groups, had been hiding. In the summer   of 2003 Akhmed Mudayev had been killed in a shoot-out. The witness had  no information concerning the whereabouts of Aslan and Mokhmad Mudayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">66.\u00a0\u00a0The investigators  requested  information from the Nadterechniy district court concerning arrest  orders  issued by the court as of 29 January 2003 in respect of Aslan and  Mokhmad  Mudayev. According to the district court, no such orders had been issued   by it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">67.\u00a0\u00a0The investigators also  requested  information from the head of the Nadterechniy district administration  concerning the list of persons who had suffered as a result of the  terrorist  attack committed on 12 May 2003 in Znamenskoye. The list of victims  did not contain the names of Aslan and Mokhmad Mudayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">68.\u00a0\u00a0 According to the  Government,  the investigation failed to establish the whereabouts of Aslan and  Mokhmad  Mudayev; their corpses were not found. No evidence demonstrating the  involvement of federal forces in their disappearance was found.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">69.\u00a0\u00a0According   to the documents submitted by the Government, between 29 September 2003  and 25 July 2008 the investigation was suspended and resumed on at least   three occasions, that is, on 21 June 2004, 8 June 2005 and 11 February  2008, and it has so far failed to establish the identities of the  perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">70.\u00a0\u00a0From   the Government&#8217;s submission it follows that on 16 July 2008 the head  of the Investigations Department of the Investigations Committee at  the Office of the Russian Prosecutor General decided that the  investigation  of the abduction of the applicants&#8217; relatives should be carried out  by a joint group of investigators from the prosecutor&#8217;s office and the  military investigations department.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">71.\u00a0\u00a0The Government further  submitted  that all the measures envisaged under the domestic law were being taken  by the investigators and that the applicants had been duly informed  of all decisions taken during the proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">72.\u00a0\u00a0Despite   specific requests by the Court the Government did not disclose most  of the contents of criminal case file no.\u00a042172, providing only copies  of several notifications to the applicants of the suspension and  reopening  of the proceedings and a copy of the witness statement given by the  first applicant on 29 September 2003. The Government stated that the  investigation was in progress and that disclosure of the documents would   be in violation of Article 161 of the Code of Criminal Procedure, since  the file contained data concerning the witnesses or other participants  in the criminal proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0RELEVANT DOMESTIC LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">73.\u00a0\u00a0For   a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia  (no. 40464\/02, \u00a7\u00a7\u00a067-69,  10\u00a0May 2007).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE GOVERNMENT&#8217;S OBJECTION  REGARDING  NON-EXHAUSTION OF DOMESTIC REMEDIES<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">74.\u00a0\u00a0The   Government contended that the complaint should be declared inadmissible  for non-exhaustion of domestic remedies, submitting that the  investigation  into the disappearance of Aslan and Mokhmad Mudayev had not yet been  completed. They further argued that it had been open to the applicants  to challenge in court any acts or omissions of the investigating or  other law-enforcement authorities, and that the applicants had availed  themselves of that remedy. Finally, they argued that it had been open  to the applicants to pursue civil complaints but that they had failed  to do so.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">75.\u00a0\u00a0The applicants  contested that objection. They stated that the criminal investigation  had proved to be ineffective. With reference to the Court&#8217;s practice,  they argued that they were not obliged to claim damages through civil  proceedings in order to exhaust domestic remedies.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">76.\u00a0\u00a0The   Court will examine the arguments of the parties in the light of the  provisions of the Convention and its relevant practice (for a relevant  summary, see Estamirov and Others v. Russia, no.  60272\/00, \u00a7\u00a7 73-74, 12\u00a0October  2006).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">77.\u00a0\u00a0The   Court notes that the Russian legal system provides, in principle, two  avenues of recourse for the victims of illegal and criminal acts  attributable  to the State or its agents, namely, civil and criminal remedies.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">78.\u00a0\u00a0As   regards a civil action to obtain redress for damage sustained through  the alleged illegal acts or unlawful conduct of State agents, the Court  has already found in a number of similar cases that this procedure alone   cannot be regarded as an effective remedy in the context of claims  brought  under Article 2 of the Convention (see Khashiyev and Akayeva\u00a0v.\u00a0Russia, nos.\u00a057942\/00 and  57945\/00, \u00a7\u00a7\u00a0119-21, 24 February  2005, and Estamirov and Others, cited above,  \u00a7\u00a077). In the light of the  above, the Court confirms that the applicants were not obliged to pursue   civil remedies.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">79.\u00a0\u00a0As   regards criminal law remedies provided for by the Russian legal system,  the Court observes that the applicants complained to the law enforcement   authorities about the kidnapping of Aslan and Mokhmad Mudayev and that  an investigation has been ongoing since 29 September 2003. The  applicants  and the Government dispute the effectiveness of the investigation of  the kidnapping.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">80.\u00a0\u00a0The   Court considers that the Government&#8217;s objection raises issues concerning   the effectiveness of the investigation which are closely linked to the  merits of the applicants&#8217; complaints. Thus, it decides to join this  objection to the merits of the case and considers that the issue falls  to be examined below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0THE COURT&#8217;S ASSESSMENT OF THE  EVIDENCE AND THE ESTABLISHMENT OF THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; arguments<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">81.\u00a0\u00a0The   applicants maintained that it was beyond reasonable doubt that the men  who had taken away Aslan and Mokhmad Mudayev had been State agents.  In support of their complaint they referred to the following facts.  The Government had confirmed to the Court that the local law-enforcement   authorities had conducted a special operation on 29 January 2003, as  a result of which Aslan and Mokhmad Mudayev had been taken to the  Nadterechniy  district department of the FSB along with other residents of Raduzhnoye.   However, the applicants&#8217; relatives had not been released on the  following  day, unlike the other detainees, and had never returned home. The  Government&#8217;s  allegations that the two brothers had been released shortly after their  apprehension were completely unsubstantiated and refuted by witness  statements collected by the applicants and the official investigation.  All the information disclosed by the Government about the criminal  investigation  supported the applicants&#8217; assertion as to the involvement of State  agents  in the abduction of their relatives. Since Aslan and Mokhmad Mudayev  had been missing for a very lengthy period, they could be presumed dead.   That presumption was further supported by the circumstances in which  they had been arrested, which should be recognised as life-threatening.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">82.\u00a0\u00a0The   Government submitted that on 29 January 2003 the Nadterechniy district  department of the FSB, under the command of its head officer M.Kh.,  had conducted a special operation to identify the perpetrators of the  abduction of two prosecution officials which had taken place prior to  the events in question. As a result of the operation, Aslan and Mokhmad  Mudayev had been taken to the Nadterechniy district department of the  FSB for questioning. Their non-participation in the abduction of the  officials had been established and the two brothers had been released.  The Government further stated that the brothers might have absconded  from the authorities. They further contended that the investigation  into the incident was ongoing and that there was no evidence that State  representatives might be responsible for the disappearance of the  Mudayev  brothers. The Government further argued that there was no convincing  evidence that the applicants&#8217; relatives were dead as their corpses had  not been found. Referring to the witness statements obtained by the  investigation, the Government pointed out that Mr E.A. and Mr S.Z. had  stated that during their detention in the Nadterechniy district  department  of the FSB in February 2003 and after 26 April 2003 accordingly, they  had not seen the Mudayev brothers either on the premises of the FSB  office or during the transportation of the office&#8217;s detainees in May  2003 after the partial destruction of the building as a result of the  terrorist attack. The Government did not submit these witness statements   to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s evaluation of the facts<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">83.\u00a0\u00a0The   Court observes that in its extensive jurisprudence it has developed  a number of general principles relating to the establishment of facts  in dispute, in particular when faced with allegations of disappearance  under Article 2 of the Convention (for a summary of these, see Bazorkina v.\u00a0Russia, no. 69481\/01, \u00a7\u00a7\u00a0103-109,  27 July 2006). The Court  also notes that the conduct of the parties when evidence is being  obtained  has to be taken into account (see Ireland  v. the United Kingdom, \u00a7 161, Series A no.\u00a025).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">84.\u00a0\u00a0The   Court notes that despite its requests for a copy of the investigation  file into the abduction of Aslan and Mokhmad Mudayev, the Government  produced only a few documents from the case file. The Government  referred  to Article 161 of the Code of Criminal Procedure. The Court observes  that in previous cases it has already found this explanation  insufficient  to justify the withholding of key information requested by the Court  (see Imakayeva v. Russia, no. 7615\/02, \u00a7  123, ECHR 2006-VIII (extracts)).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">85.\u00a0\u00a0In   view of this and bearing in mind the principles referred to above, the  Court finds that it can draw inferences from the Government&#8217;s conduct  in respect of the well-foundedness of the applicants&#8217; allegations. The  Court will thus proceed to examine crucial elements in the present case  that should be taken into account when deciding whether the applicants&#8217;  relatives can be presumed dead and whether their deaths can be  attributed  to the authorities.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">86.\u00a0\u00a0The   applicants alleged that the persons who had taken Aslan and Mokhmad  Mudayev away on 29\u00a0January 2003 and then killed them had been State  agents.  The Government did not dispute any of the main factual elements  underlying  the application. They acknowledged that the applicants&#8217; relatives had  been detained by State agents, but suggested that they had been released   some time later.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">87.\u00a0\u00a0The Government submitted  that the applicants&#8217; relatives had been detained on 29 January 2003  by representatives of the local law-enforcement agencies under the  command  of the head of the Nadterechniy district department of the FSB officer  M. Kh. and taken to the FSB office for questioning and that they had  been released shortly afterwards (see paragraph 25 above). In support  of their position the Government referred to the summary of the witness  statement given by officer M.Kh. to the investigators (see paragraph  65 above), which the Government did not submit to the Court. The Court  would stress in this regard that the evaluation of the evidence and  the establishment of the facts is a matter for the Court, and it is  incumbent on it to decide on the evidentiary value of the documents  submitted to it (see \u00c7elikbilek v. Turkey, no.\u00a027693\/95,  \u00a7\u00a071, 31\u00a0May 2005).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">88.\u00a0\u00a0The Court notes that the  applicants&#8217; allegation is supported by the witness statements collected  by the applicants and by the investigation. In particular, the Court  notes that a number of witnesses pointed out that Aslan and Mokhmad  Mudayev had not been released from detention in the FSB office unlike  the other men who had been apprehended as a result of the special  operation  (see paragraphs 20, 21, 52 and 60 above). It further observes that the  Government&#8217;s allegation that the applicants&#8217; relatives were released  after questioning was not substantiated by any documents. In their  application  to the authorities the applicants consistently maintained that Aslan  and Mokhmad Mudayev had been arrested by servicemen under the command  of officer M. Kh. and subsequently detained in the FSB office and  requested  the investigation to examine that possibility (see paragraphs 31, 41,  45, 49 and 53 above). The domestic investigation also accepted factual  assumptions as presented by the applicants and questioned officer M.  Kh. However, it does not appear that any serious steps were taken to  verify his statement concerning the release of the applicants&#8217;  relatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">89.\u00a0\u00a0The   Court observes that where applicants make out a prima facie case and the Court is  prevented from reaching factual  conclusions owing to a lack of relevant documents, it is for the  Government  to argue conclusively why the documents in question cannot serve to  corroborate the allegations made by the applicants, or to provide a  satisfactory and convincing explanation of how the events in question  occurred. The burden of proof is thus shifted to the Government and  if they fail in their arguments, issues will arise under Article 2  and\/or  Article 3 (see To\u011fcu v. Turkey, no.\u00a027601\/95, \u00a7\u00a095,  31 May 2005, and Akkum and Others v. Turkey,  no.\u00a021894\/93, \u00a7\u00a0211, ECHR 2005-II).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">90.\u00a0\u00a0Taking   into account the above elements, the Court is satisfied that the  applicants  have made a prima facie case that their  relatives were apprehended by State  servicemen. The Court observes that the Government submitted no  evidence,  such as records of detention and release, to corroborate their  contention  that the applicants&#8217; relatives had been set free. As to the Government&#8217;s   contention that the records were destroyed as a result of the fire (see  paragraph 26 above), they failed to submit any evidence confirming that  the impugned documents had been indeed destroyed as a result of it.  No documents in the case file indeed refer to the destruction of the  documents as a result of the incident. The Court is struck by the fact  that the source of this assertion is none other than the officer most  closely implicated in the detention of the Mudayev brothers. In such  circumstances and taking into account the absence of any evidence to  the contrary, the Court finds that Aslan and Mokhmad Mudayev remained  under the control of the authorities after being apprehended during  the special operation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">91.\u00a0\u00a0The   Court further notes that no documents relating to the applicants&#8217;  relatives&#8217;  apprehension and subsequent detention have been made available to  it.\u00a0\u00a0There  has been no reliable news of the Aslan and Mokhmad Mudayev since the  date of the kidnapping. Their names have not been found in any official  detention facility records. Finally, the Government have not submitted  any explanation as to what happened to them after their arrest.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">92.\u00a0\u00a0Having   regard to the previous cases concerning disappearances in Chechnya which   have come before it (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia,  no.\u00a069480\/01, ECHR 2006-&#8230; (extracts); Baysayeva v.\u00a0Russia, no. 74237\/01, 5  April 2007; Akhmadova and Sadulayeva, cited  above; and Alikhadzhiyeva v. Russia,  no.\u00a068007\/01, 5\u00a0July 2007), the Court  finds that in the context of the conflict in the Republic, when a person   is detained by servicemen without any subsequent acknowledgment of the  detention, this can be regarded as life-threatening. The absence of  Aslan  and Mokhmad Mudayev or of any news of them for many years supports this  assumption. Furthermore, the Government have failed to provide any  explanation  as to the disappearance of the applicants&#8217; relatives after their arrest,   and the official investigation into their abduction, which has lasted  for more than six years, has produced no tangible results.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">93.\u00a0\u00a0The   Court further notes that, regrettably, it has been unable to benefit  from the results of the domestic investigation owing to the Government&#8217;s   failure to disclose most of the documents from the file (see paragraph  72 above). Nevertheless, it is clear that the investigation did not  identify the perpetrators of the kidnapping.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">94.\u00a0\u00a0Accordingly,   the Court finds that the evidence available permits it to establish  that Aslan and Mokhmad Mudayev must be presumed dead following their  unacknowledged detention by State servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">III.\u00a0ALLEGED VIOLATION OF ARTICLE  2 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">95.\u00a0\u00a0The   applicants complained under Article 2 of the Convention that their  relatives  had been deprived of their lives by State agents and that the domestic  authorities had failed to carry out an effective investigation of the  matter. Article 2 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0Everyone&#8217;s right to life shall be protected  by law. No one shall be deprived of his life intentionally save in the  execution of a sentence of a court following his conviction of a crime  for which this penalty is provided by law.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Deprivation of life shall not be regarded as  inflicted in contravention of this article when it results from the  use of force which is no more than absolutely necessary:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0in defence of any person from unlawful  violence;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0in order to effect a lawful arrest or to  prevent  the escape of a person lawfully detained;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0in action lawfully taken for the purpose of  quelling a riot or insurrection.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">96.\u00a0\u00a0The Government contended  that the domestic investigation had obtained no evidence to the effect  that Aslan and Mokhmad Mudayev were dead or that any servicemen of the  federal law-enforcement agencies had been involved in their kidnapping  or alleged killing. The Government claimed that the investigation into  the kidnapping of the applicants&#8217; relatives met the Convention  requirement  of effectiveness, as all measures available under national law were  being taken to identify those responsible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">97.\u00a0\u00a0The applicants argued that   Aslan and Mokhmad Mudayev had been detained by State servicemen and  should be presumed dead in the absence of any reliable news of them  for years. The applicants also argued that the investigation had not  met the effectiveness and adequacy requirements laid down by the Court&#8217;s   case-law. The applicants pointed out that by January 2005 the district  prosecutor&#8217;s office had not taken certain crucial investigative steps.  The investigation into Aslan and Mokhmad Mudayev&#8217;s kidnapping had been  opened several months after the events and then had been suspended and  resumed a number of times \u2013 thus delaying the taking of the most basic  steps \u2013 and that the relatives had not been properly informed of the  most important investigative measures. The fact that the investigation  had been ongoing for such a long period of time without producing any  known results was further proof of its ineffectiveness. They also  invited  the Court to draw conclusions from the Government&#8217;s unjustified failure  to submit the documents from the case file to them or to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">98.\u00a0\u00a0The   Court considers, in the light of the parties&#8217; submissions, that the  complaint raises serious issues of fact and law under the Convention,  the determination of which requires an examination of the merits.  Further,  the Court has already found that the Government&#8217;s objection concerning  the alleged non-exhaustion of domestic remedies should be joined to  the merits of the complaint (see paragraph 80 above). The complaint  under Article 2 of the Convention must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0The alleged violation of the right to  life  of Aslan and Mokhmad Mudayev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">99.\u00a0\u00a0The   Court has already found that the applicants&#8217; relatives must be presumed  dead following unacknowledged detention by State servicemen. In the  absence of any justification put forward by the Government, the Court  finds that their deaths can be attributed to the State and that there  has been a violation of Article 2 in respect of Aslan and Mokhmad  Mudayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0The alleged inadequacy of the  investigation  of the kidnapping<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">100.\u00a0\u00a0The   Court has on many occasions stated that the obligation to protect the  right to life under Article 2 of the Convention also requires by  implication  that there should be some form of effective official investigation when  individuals have been killed as a result of the use of force. It has  developed a number of guiding principles to be followed for an  investigation  to comply with the Convention&#8217;s requirements (for a summary of these  principles see Bazorkina, cited above, \u00a7\u00a7\u00a0117-119).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">101.\u00a0\u00a0In   the present case, the kidnapping of Aslan and Mokhmad Mudayev was  investigated.  The Court must assess whether that investigation met the requirements  of Article 2 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">102.\u00a0\u00a0The   Court notes at the outset that most of the documents from the  investigation  file were not disclosed by the Government. It therefore has to assess  the effectiveness of the investigation on the basis of the few documents   submitted by the parties and the information about its progress  presented  by the Government.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">103.\u00a0\u00a0The   Court notes that the authorities were made aware of the crime by the  applicants&#8217; written submission on 22 September 2003. The investigation  in case no. 42172 was instituted on 29 September 2003. Taking into  account  that the Government failed to furnish the Court with any information  as to the dates of the investigative measures taken by the prosecutor&#8217;s  office, it is nonetheless clear that after the opening of the criminal  case the investigators did not take even the most basic steps. For  instance,  the Court notes that, as can be seen from the decision of the district  court of 30 December 2004, by that date the investigators had not  questioned  any of the persons involved in the arrest of the Mudayev brothers even  though \u201c&#8230; in the course of the preliminary investigation it had  been unequivocally established by whom and when the Mudayev brothers  had been arrested and where they had been detained &#8230;\u201d (see paragraph  44 above). It is obvious that if they were to produce any meaningful  results such investigative measures should have been taken immediately  after the investigation obtained the relevant information. Such delays,  for which there has been no explanation in the instant case, not only  demonstrate the authorities&#8217; failure to act of their own motion but  also constitute a breach of the obligation to exercise exemplary  diligence  and promptness in dealing with such a serious matter (see \u00d6nery\u0131ld\u0131z  v. Turkey [GC], no. 48939\/99, \u00a7\u00a094, ECHR 2004-XII). Further, it  does not appear that the investigation tried to identify and question  any of the servicemen who had worked in the Nadterechniy district  department  of the FSB, other than officer M.Kh., in order to establish whether  Aslan and Mokhmad Mudayev had been detained there after 29 January 2003,   or that the investigators tried to identify and question the more than  twenty other residents of Raduzhnoye who had been arrested in the course   of the same special operation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">104.\u00a0\u00a0The   Court also notes that even though the applicants were granted victim  status in the criminal case concerning the abduction of their relatives,   they were only informed of the suspension and resumption of the  proceedings,  and not of any other significant developments. Accordingly, the  investigators  failed to ensure that the investigation received the required level  of public scrutiny, and to safeguard the interests of the next of kin  in the proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">105.\u00a0\u00a0Finally,   the Court notes that the investigation was adjourned and resumed on  numerous occasions and that there were lengthy periods of inactivity  on the part of the prosecutor&#8217;s office when the proceedings were  suspended.  The district court criticised the deficiencies in the proceedings and  ordered remedial measures (see paragraph 44 above). It appears that  its instructions were not complied with.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">106.\u00a0\u00a0The   Government argued that the applicants could have sought further judicial   review of the decisions of the investigating authorities in the context  of the exhaustion of domestic remedies. The Court observes that the  applicants did, in fact, make use of that remedy, which eventually led  to the resumption of the investigation. Nevertheless, the effectiveness  of the investigation had already been undermined in its early stages  by the authorities&#8217; failure to take essential investigative measures.  Moreover, the district court&#8217;s instructions to the prosecutor&#8217;s office  to investigate the crime effectively did not bring any tangible results  for the applicants. The investigation was repeatedly suspended and  resumed,  but it appears that no significant investigative measures were taken  to identify those responsible for the kidnapping. In such circumstances,   the Court considers that the applicants could not be required to  challenge  in court every single decision of the district prosecutor&#8217;s office.  Accordingly, the Court finds that the remedy cited by the Government  was ineffective in the circumstances and dismisses their preliminary  objection as regards the applicants&#8217; failure to exhaust domestic  remedies  within the context of the criminal investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">107.\u00a0\u00a0In   the light of the foregoing, the Court holds that the authorities failed  to carry out an effective criminal investigation into the circumstances  surrounding the disappearance of Aslan and Mokhmad Mudayev, in breach  of Article\u00a02 in its procedural aspect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">IV.\u00a0ALLEGED VIOLATION OF ARTICLE  3 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">108.\u00a0\u00a0The   applicants relied on Article 3 of the Convention, submitting that after  their arrest Aslan and Mokhmad Mudayev had been subjected to inhuman  and degrading treatment and that the State had failed to investigate  the applicants&#8217; allegations about it in breach of Article 3 of the  Convention.  Article 3 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cNo one shall be subjected to torture or to  inhuman or degrading treatment or punishment.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">109.\u00a0\u00a0The Government disagreed  with these allegations and argued that the investigation had not  established  that Aslan and Mokhmad Mudayev had been subjected to inhuman or  degrading  treatment prohibited by Article\u00a03 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">110.\u00a0\u00a0The   applicants maintained their submissions.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Ill-treatment  of the applicants&#8217; relatives<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">111.\u00a0\u00a0The   Court reiterates that allegations of ill-treatment must be supported  by appropriate evidence. To assess this evidence, the Court adopts the  standard of proof \u201c beyond reasonable doubt \u201d 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, \u00a7 161 in fine).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">112.\u00a0\u00a0The   Court has already found that Aslan and Mokhmad Mudayev were detained  on 29 January 2003 by federal forces and that no reliable news of them  has been received since. It has also found that, in view of all the  known circumstances, they can be presumed dead and that the  responsibility  for their death lies with the State authorities (see paragraph 99  above).  However, the questions of the exact way in which they died and whether  they were subjected to ill-treatment while in detention have not been  elucidated. The Court considers that the applicants&#8217; reference to the  statement of Mr Aslan A. (see paragraph 21 above) does not enable it  to find beyond all reasonable doubt that Aslan and Mokhmad Mudayev were  ill-treated in detention. It thus finds that this part of the complaint  has not been substantiated.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">113.\u00a0\u00a0It   follows that this part of the application is manifestly ill-founded  and should be rejected in accordance with Article 35 \u00a7\u00a7 3 and 4 of  the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2. Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Alleged  ineffectiveness of the investigation of the ill-treatment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">114.\u00a0\u00a0The   Court reiterates that \u201cwhere an individual makes a credible assertion  that he has suffered treatment infringing Article 3 at the hands of  the police or other similar agents of the State, that provision, read  in conjunction with the State&#8217;s general duty under Article 1 of the  Convention to secure to everyone within their jurisdiction the rights  and freedoms defined in &#8230; [the] Convention, requires by implication  that there should be an effective official investigation\u201d (see Labita v. Italy [GC], no.\u00a026772\/95,  \u00a7\u00a0131, ECHR 2000-IV).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">115.\u00a0\u00a0The   Court notes that the applicants raised in detail their complaints about  the ill-treatment of Aslan and Mokhmad Mudayev with the investigating  authorities (see paragraph 31 above). However, it does not appear that  their complaints were properly examined by the prosecutor&#8217;s office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">116.\u00a0\u00a0For   the reasons stated above in paragraphs 103 \u2013 107 in relation to the  procedural obligation under Article 2 of the Convention, the Court  concludes  that the Government has failed to conduct an effective investigation  into the ill-treatment of Aslan and Mokhmad Mudayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">117.\u00a0\u00a0Accordingly,   there has been a violation of Article 3 in this respect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">V.\u00a0ALLEGED VIOLATION OF ARTICLE 5  OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">118.\u00a0\u00a0The   applicants stated that Aslan and Mokhmad Mudayev had been detained in  violation of the guarantees contained in Article 5 of the Convention.  Article 5 reads, in so far as relevant:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0Everyone has the right to liberty and  security  of person. No one shall be deprived of his liberty save in the following   cases and in accordance with a procedure prescribed by law: &#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0the lawful arrest or detention of a person  effected for the purpose of bringing him before the competent legal  authority on reasonable suspicion of having committed an offence or  when it is reasonably considered necessary to prevent his committing  an offence or fleeing after having done so;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Everyone who is arrested shall be informed  promptly, in a language which he understands, of the reasons for his  arrest and of any charge against him.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Everyone arrested or detained in accordance  with the provisions of paragraph\u00a01\u00a0(c) of this Article shall be brought  promptly before a judge or other officer authorised by law to exercise  judicial power and shall be entitled to trial within a reasonable time  or to release pending trial. Release may be conditioned by guarantees  to appear for trial.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Everyone who is deprived of his liberty by  arrest or detention shall be entitled to take proceedings by which the  lawfulness of his detention shall be decided speedily by a court and  his release ordered if the detention is not lawful.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0Everyone who has been the victim of arrest  or detention in contravention of the provisions of this Article shall  have an enforceable right to compensation.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">119.\u00a0\u00a0The Government asserted  that no evidence had been obtained by the investigators to confirm that  Aslan and Mokhmad Mudayev had been deprived of their liberty. The  brothers  had been brought to the Nadterechniy district department of the FSB  for questioning and had been released shortly afterwards. The  applicants&#8217;  relatives were not listed among the persons kept in detention centres  and none of the local law-enforcement agencies had information about  their detention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">120.\u00a0\u00a0The applicants reiterated   the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">121.\u00a0\u00a0The Court notes that this complaint is not manifestly ill-founded  within the meaning of Article 35 \u00a7 3 of the Convention. It further  notes that the complaint is not inadmissible on any other grounds and  must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">122.\u00a0\u00a0The   Court has previously noted the fundamental importance of the guarantees  contained in Article 5 to secure the right of individuals in a democracy   to be free from arbitrary detention. It has also stated that  unacknowledged  detention is a complete negation of these guarantees and discloses a  very grave violation of Article 5 (see \u00c7i\u00e7ek v. Turkey, no.\u00a025704\/94,  \u00a7\u00a0164, 27 February 2001, and Luluyev, cited above, \u00a7\u00a0122).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">123.\u00a0\u00a0The   Court has found that Aslan and Mokhmad Mudayev were apprehended by State   servicemen on 29\u00a0January 2003 and have not been seen since. Their  detention  was not acknowledged, was not logged in any custody records and there  exists no official trace of their subsequent whereabouts or fate (see  paragraph 90 above). In accordance with the Court&#8217;s practice, this fact  in itself must be considered a most serious failing, since it enables  those responsible for an act of deprivation of liberty to conceal their  involvement in a crime, to cover their tracks and to escape  accountability  for the fate of a detainee. Furthermore, the absence of detention  records,  noting such matters as the date, time and location of detention and  the name of the detainee as well as the reasons for the detention and  the name of the person effecting it, must be seen as incompatible with  the very purpose of Article 5 of the Convention (see <a name=\"01000001\"><\/a>Orhan,   cited above, \u00a7\u00a0371).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">124.\u00a0\u00a0The   Court further considers that the authorities should have been more alert   to the need for a thorough and prompt investigation of the applicants&#8217;  complaints that their relatives had been detained and taken away in  life-threatening circumstances. However, the Court&#8217;s findings above  in relation to Article 2 and, in particular, the conduct of the  investigation  leave no doubt that the authorities failed to take prompt and effective  measures to safeguard them against the risk of disappearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">125.\u00a0\u00a0In view of the foregoing, the  Court  finds that Aslan and Mokhmad Mudayev were held in unacknowledged  detention  without any of the safeguards contained in Article 5. This constitutes  a particularly grave violation of the right to liberty and security  enshrined in Article 5 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VI. ALLEGED VIOLATION OF ARTICLE  18 IN CONJUNCTION WITH ARTICLE 5 \u00a7 1 (c) OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">126.\u00a0\u00a0The   applicants further alleged that the detention of their relatives was  carried out for a purpose other than those envisaged by Article  5\u00a0\u00a7\u00a01\u00a0(c),  contrary to Article 18 of the Convention. Article 18 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cThe restrictions permitted under this Convention   to the said rights and freedoms shall not be applied for any purpose  other than those for which they have been prescribed.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">127.\u00a0\u00a0As   for the alleged violation of Article 18 in conjunction with Article  5 of the Convention, the Court reiterates that Article 18 of the  Convention  does not have an autonomous role. It can only be applied in conjunction  with other Articles of the Convention (Gusinskiy v. Russia, no.\u00a070276\/01, \u00a7  73, ECHR 2004-IV).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">128.\u00a0\u00a0The   Court has already found in paragraphs 123-125 above that the applicants&#8217;   relatives were deprived of their liberty without any of the safeguards  contained in Article 5, and not \u201cfor the purpose of bringing [a person]  before the competent legal authority on reasonable suspicion of having  committed an offence\u201d as stipulated in Article 5 \u00a7 1 (c). In these  circumstances, since that issue has already been addressed by the Court,   there is <a name=\"01000002\"><\/a>no <a name=\"01000003\"><\/a>need to <a name=\"01000004\"><\/a>examine  these facts again under Article 18 in conjunction with Article 5 of  the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VII. ALLEGED VIOLATION OF ARTICLE  13 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">129.\u00a0\u00a0The   applicants complained that they had been deprived of effective remedies  in respect of the aforementioned violations, contrary to Article 13  of the Convention, which provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cEveryone whose rights and freedoms as set  forth in [the] Convention are violated shall have an effective remedy  before a national authority notwithstanding that the violation has been  committed by persons acting in an official capacity.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">130.\u00a0\u00a0The Government contended  that the applicants had had effective remedies at their disposal as  required by Article 13 of the Convention and that the authorities had  not prevented them from using them. The applicants had had an  opportunity  to challenge the acts or omissions of the investigating authorities  in court and had availed themselves of it. They added that participants  in criminal proceedings could also claim damages in civil proceedings.  In sum, the Government submitted that there had been no violation of  Article 13.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">131.\u00a0\u00a0The applicants reiterated   the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">132.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35 \u00a7 3 of the Convention. It further notes that  it is not inadmissible on any other grounds. It must therefore be  declared  admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">133.\u00a0\u00a0The   Court reiterates that in circumstances where, as here, a criminal  investigation  into a disappearance has been ineffective (see paragraph 107 above)  and the effectiveness of any other remedy that might have existed,  including  civil remedies, as suggested by the Government in the present case,  has consequently been undermined the State has failed in its obligation  under Article\u00a013 of the Convention (see Khashiyev and Akayeva, cited above,  \u00a7\u00a0183).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">134.\u00a0\u00a0Consequently,   there has been a violation of Article 13 in conjunction with Article  2 the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">135.\u00a0\u00a0As   regards the applicants&#8217; reference to Articles 3 and 5 of the Convention,   the Court considers that, in the circumstances, no separate issues arise   in respect of Article 13 in conjunction with Articles 3 and 5 of the  Convention (see Kukayev v. Russia, no.\u00a029361\/02,  \u00a7\u00a0119, 15\u00a0November 2007, and Aziyevy v.\u00a0Russia, no. 77626\/01, \u00a7\u00a0118,  20\u00a0March 2008).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VIII.\u00a0APPLICATION OF ARTICLE 41 OF  THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">136.\u00a0\u00a0Article   41 of the Convention provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cIf the Court finds that there has been a  violation  of the Convention or the Protocols thereto, and if the internal law  of the High Contracting Party concerned allows only partial reparation  to be made, the Court shall, if necessary, afford just satisfaction  to the injured party.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Pecuniary damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">137.\u00a0\u00a0The   first applicant, as the father of Aslan and Mokhmad Mudayev, claimed  damages in respect of loss of earnings by his sons after their arrests  and subsequent disappearances. Referring to the method of calculation  used in the case of Isayeva v. Russia (no. 57950\/00, \u00a7\u00a7  232-236, 24 February  2005), he claimed a total of 21,600 euros (EUR) under this heading.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">138.\u00a0\u00a0The   Government regarded these claims as unsubstantiated. They also pointed  to the existence of domestic statutory machinery for the provision of  a pension for the loss of a family breadwinner.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">139.\u00a0\u00a0The   Court reiterates that there must be a clear causal connection between  the damage claimed by an applicant and the violation of the Convention  at issue, and that this may, in an appropriate case, include  compensation  in respect of loss of earnings. The Court further finds that loss of  earnings also applies to elderly parents and that it is reasonable to  assume that Aslan and Mokhmad Mudayev would eventually have had some  earnings from which the first applicant would have benefited (see, among   other authorities, Imakayeva, cited above, \u00a7\u00a0213).  Having regard to its above  conclusions, it finds that there is a direct causal link between the  violation of Article\u00a02 in respect of the first applicant&#8217;s sons and the  loss by the first applicant of the financial support which they could  have provided. Having regard to the applicants&#8217; submissions and the  fact that Aslan and Mokhmad Mudayev were not employed at the time of  their apprehension, the Court awards EUR\u00a020,000 to the first applicant  in respect of pecuniary damage, plus any tax that may be chargeable  on that amount.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0Non-pecuniary damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">140.\u00a0\u00a0The   first applicant, as the father of the disappeared Aslan and Mokhmad  Mudayev, claimed EUR\u00a0200,000 in respect of non-pecuniary damage for the  suffering he had endured as a result of the loss of his family members,  the indifference shown by the authorities towards him and the failure  to provide any information about the fate of his sons. The second  applicant,  as the aunt of the disappeared men, claimed 50,000 EUR under this head.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">141.\u00a0\u00a0The   Government found the amounts claimed exaggerated.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">142.\u00a0\u00a0The   Court has found a violation of Articles 2, 3, 5 and 13 of the Convention   on account of the unacknowledged detention and disappearance of the  applicants&#8217; relatives. The Court thus accepts that the applicants have  suffered non-pecuniary damage which cannot be compensated for solely  by the findings of violations. It awards 100,000 EUR\u00a0to the first  applicant  and 20,000 EUR to the second applicant plus any tax that may be  chargeable  on these amounts.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0\u00a0Costs and expenses<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">143.\u00a0\u00a0The   applicants were represented by lawyers of the Centre of Assistance to  International Protection, Ms K. Moskalenko and Ms\u00a0S.\u00a0Davydova. The  applicants  submitted that the aggregate claim in respect of costs and expenses  related to their legal representation amounted to EUR 4,500.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">144.\u00a0\u00a0The   Government indicated that the applicants had not shown that the expenses   claimed for legal representation had actually been incurred.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">145.\u00a0\u00a0The   Court has to establish first whether the costs and expenses indicated  by the applicants&#8217; representatives were actually incurred and, second,  whether they were necessary (see McCann and Others, cited  above, \u00a7 220).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">146.\u00a0\u00a0Having   regard to the details of the information in its possession, the Court  is satisfied that these rates are reasonable and reflect the expenses  actually incurred by the applicants&#8217; representatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">147.\u00a0\u00a0As   to whether the costs and expenses were necessary, the Court notes that  this case was rather complex and required a certain amount of research  and preparation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">148.\u00a0\u00a0Having   regard to the details of the claims submitted by the applicants, the  Court awards them the amount of EUR\u00a04,000 less EUR\u00a0850 received by way  of legal aid from the Council of Europe, together with any value-added  tax that may be chargeable<a name=\"01000005\"><\/a> thereon.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">D.\u00a0\u00a0Default interest<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">149.\u00a0\u00a0The   Court considers it appropriate that the default interest should be based   on the marginal lending rate of the European Central Bank, to which  should be added three percentage points.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">FOR THESE REASONS, THE COURT UNANIMOUSLY<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1. Declares the complaints under  Articles 2, 3 (in respect of  the authorities&#8217; failure to investigate the alleged ill-treatment), 5  and 13 admissible and the remainder of the application inadmissible;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Decides to  join to the merits the Government&#8217;s objection as  to non-exhaustion of domestic remedies and rejects it;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Holds that  there has been a substantive violation of Article\u00a02  of the Convention in respect of Aslan and Mokhmad Mudayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Holds that  there has been a violation of Article\u00a02 of the Convention  in respect of the failure to conduct an effective investigation into  the circumstances in which Aslan and Mokhmad Mudayev disappeared;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0Holds  that there has been a violation of Article\u00a03  of the Convention in respect of the failure to conduct an effective  investigation into the allegations of ill-treatment of Aslan and Mokhmad   Mudayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0Holds that  there has been a violation of Article\u00a05 of the Convention  in respect of Aslan and Mokhmad Mudayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0Holds   that there has been a violation of Article\u00a013 of the Convention in  conjunction  with Article 2 of the Convention;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0Holds   that no separate issues arise under Article 13 of the Convention in  respect of the alleged violations of Articles 3 and 5;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0 Holds   that there is no need to <a name=\"01000006\"><\/a>examine the applicants&#8217;  complaint  under Article 18 in conjunction with Article 5\u00a0\u00a7\u00a01 (c);<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0Holds<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0that the respondent State is to pay,  within three months from the date on which the judgment becomes final  in accordance with Article\u00a044\u00a0\u00a7\u00a02 of the Convention, the following  amounts,  to be converted into Russian roubles at the date of settlement, save  in the case of the payment in respect of costs and expenses:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(i)\u00a0\u00a0EUR\u00a020,000 (twenty thousand euros),  plus  any tax that may be chargeable, in respect of pecuniary damage to the  first applicant;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(ii)\u00a0\u00a0EUR\u00a0100,000 (hundred thousand euros),   plus any tax that may be chargeable, in respect of non-pecuniary damage  to the first applicant;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(iii)\u00a0\u00a0EUR\u00a020,000 (twenty thousand euros)  plus any tax that may be chargeable, in respect of non-pecuniary damage  to the second applicant;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(iv) EUR 3,150 (three thousand one hundred  and fifty euros) plus any tax that may be chargeable, in respect of  costs and expenses to the applicants;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0that from the expiry of the  above-mentioned  three months until settlement simple interest shall be payable on the  above amounts at a rate equal to the marginal lending rate of the  European  Central Bank during the default period plus three percentage points;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">11.\u00a0\u00a0Dismisses  the remainder of the applicants&#8217; claim for just satisfaction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Done in English, and notified in writing   on 8 April 2010, pursuant to Rule 77 \u00a7\u00a7 2 and 3 of the Rules of Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">S\u00f8ren  Nielsen\u00a0Christos  Rozakis<br \/>\nRegistrar\u00a0President<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>****<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>CASE OF SADULAYEVA  v. RUSSIA<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>(Application no.  38570\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">JUDGMENT<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">STRASBOURG<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>8 April 2010<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">This judgment will become  final in the circumstances  set out in Article\u00a044 \u00a7\u00a02 of the Convention. It may be subject to  editorial  revision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>In the case of Sadulayeva v. Russia,<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The   European Court of Human Rights (First Section), sitting as a Chamber  composed of:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Christos  Rozakis, President,<br \/>\nNina Vaji\u0107,<br \/>\nAnatoly Kovler,<br \/>\nElisabeth Steiner,<br \/>\nKhanlar Hajiyev,<br \/>\nDean Spielmann,<br \/>\nSverre Erik Jebens, judges,<br \/>\nand S\u00f8ren  Nielsen, Section Registrar,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Having   deliberated in private on 18 March 2010,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Delivers   the following judgment, which was adopted on that date:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">PROCEDURE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The   case originated in an application (no. 38570\/05) against the Russian  Federation lodged with the Court under Article 34 of the Convention  for the Protection of Human Rights and Fundamental Freedoms (\u201cthe  Convention\u201d) by a Russian national, Ms Chovka (also known as Aymani)  Sadulayeva, on 16 September 2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The   applicant was represented by lawyers of the NGO EHRAC\/Memorial Human  Rights Centre. The Russian Government (\u201cthe Government\u201d) were  represented  by their Agent, Mr G. Matyushkin, Representative of the Russian  Federation  at the European Court of Human Rights.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0On   22 April 2008 the Court decided to apply Rule\u00a041 of the Rules of Court  and to grant priority treatment to the application and to give notice  of the application to the Government. Under the provisions of Article  29 \u00a7 3 of the Convention, it decided to examine the merits of the  application  at the same time as its admissibility. The President of the Chamber  acceded to the Government&#8217;s request not to make publicly accessible  the documents from the criminal investigation file deposited with the  Registry in connection with the application (Rule 33 of the Rules of  Court).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0The   Government objected to the joint examination of the admissibility and  merits of the application. Having considered the Government&#8217;s objection,   the Court dismissed it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0The   applicant was born in 1947. She lives in the village of Martan-Chu, in  the Urus-Martan district of Chechnya.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Disappearance of Aslan Sadulayev and  subsequent  events<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The applicant&#8217;s account<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">a. The abduction of the applicant&#8217;s son<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0At   the material time the applicant&#8217;s son Aslan Sadulayev lived in a village   in the Naurskiy district of Chechnya while the applicant and his other  relatives lived in the Urus-Martan district of Chechnya.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0On   9 December 2002 Aslan Sadulayev went to Urus-Martan to celebrate a  holiday  with his relatives. There he met an acquaintance, Mr\u00a0M.M., who gave him  a lift in his purple VAZ-2109 car to the nearby village of Alkhazurovo.  In the early afternoon of 9 December 2002, on their way back from the  village to Urus-Martan, Mr M.M. also agreed to give a lift to his  acquaintance  Ms T. S. and a young man.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0The   car with Mr M.M., Aslan Sadulayev, Ms. T.S. and the young man was  stopped  by Russian military servicemen at the intersection of the roads to  Komsomolskoye  village, Alkhazurovo and Urus-Martan. That day a mobile checkpoint of  Russian military forces on two APCs (armoured personnel carriers) was  conducting identity checks at the intersection. The servicemen let Ms  T. S. go; she managed to get a lift in another car and left.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0At   that time a bus going from Urus-Martan to Alkhazurovo was also stopped  at the intersection. The bus had many passengers, including Ms\u00a0Khamila  D., Ms Kaypa A. and Ms Tamara S. The servicemen checked the identity  documents of two young men who were on the bus.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0Meanwhile,   the bus passengers saw from the windows that the servicemen at the  intersection  were checking the documents of the three men in the purple VAZ car.  Ms Tamara S. and Ms Khamila D. recognised one of them as their  acquaintance  Aslan Sadulayev. They saw that the servicemen were not letting the three   men go and that the APCs moved and surrounded the VAZ car. Ms Khamila  D. tried to get out of the bus and ask the officers why they were  detaining  Aslan Sadulayev, but the servicemen ordered her to stay on board.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">11.\u00a0\u00a0The   three women and other bus passengers saw the VAZ car surrounded by the  APCs drove away in the direction of Urus-Martan.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">12.\u00a0\u00a0In   support of her statements, the applicant submitted: an account of events   by her; an account by Ms Kh. E.; an account by Ms Kaypa A.; an account  by Ms Khamila D. and an account by Ms Tamara S., all dated 1\u00a0August  2006.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">b. Subsequent events<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">13.\u00a0\u00a0On   14 December 2002 a resident of Martan-Chu, known to the applicant under  the name of Mr Rizvan (also spelled as Rezvan), visited the applicant.  He told her that Mr M. M. had asked him to inform her that her son Aslan   Sadulayev had been abducted by Russian military servicemen. Mr Rizvan  agreed to take the applicant the next day to his meeting with Mr\u00a0M.M.  in Urus-Martan.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">14.\u00a0\u00a0In   the morning of 15 December 2002 the applicant with Mr Rizvan arrived  at Urus-Martan. At about midday they met Mr M.M., who informed the  applicant  about his car journey with Aslan Sadulayev on 9\u00a0December 2002. He told  her that their car had been stopped at the intersection by Russian  military  servicemen. The officers had told the men in the car that they would  take them to the Urus-Martan district military commander&#8217;s office (the  district military commander&#8217;s office) for questioning and would release  them afterwards. At the entrance to the district military commander&#8217;s  office Mr M.M. had met an acquaintance of his who worked there and who  arranged his immediate release. Mr M.M. also told the applicant that  the military officers had not returned his purple VAZ car and that he  had not seen it since. He further promised to the applicant that he  would arrange her son&#8217;s release later in the evening and that she should   wait for him at 5\u00a0p.m. at the local market in Urus-Martan.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">15.\u00a0\u00a0The   applicant waited for Mr M. M. at the agreed place from 5 p.m. to 8 p.m.,   but he did not turn up. For the next three days the applicant waited  there for him, to no avail. The applicant searched for Mr M.M. through  Mr Rizvan. The latter introduced her to the sister of Mr M.M., Ms\u00a0Z.M.,  who informed the applicant that she had heard about the abduction of  Aslan Sadulayev and that she had been unable to find Mr\u00a0M.M. for several   days.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">16.\u00a0\u00a0According   to the applicant, at some point after 2005 she contacted her  acquaintances  in the village of Goy-Chu and inquired whether Ms T.S., who had been  in the same car with Aslan Sadulayev when it had been stopped at the  intersection, lived there and worked in the local school. She had been  told that Ms T.S. had indeed worked at the school and lived in the  village,  but she had got married and changed her maiden name to Ms T.I.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">17.\u00a0\u00a0The   applicant also submitted that she had managed to find out that the  serviceman  she had known by the name of Mr Rizvan was in fact Mr\u00a0I.Kh., a resident  of Goyskoye village, who had been serving at the district military  commander&#8217;s  office in 2002 and who had been killed in 2004. She further stated that  shortly after the commencement of the criminal investigation she had  informed the investigators that Mr M.M. had frequently visited  Urus-Martan;  that he had been married to Ms M.D. from Grozny, that he had had two  children, had been registered as a resident of Komsomolskoye village  and that he had had a temporary identification document.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">18.\u00a0\u00a0The   Government did not challenge most of the facts as presented by the  applicant.  According to their submission, \u201c&#8230; in connection with the abduction  of A.S. Sadulayev which had taken place on 9 December 2002 on the road  between Alkhazurovo and Martan-Chu, the Urus-Martan district  prosecutor&#8217;s  office opened criminal case no.\u00a034010&#8230;\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The official investigation of the  abduction<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Information submitted by the  applicant<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">19.\u00a0\u00a0Since   9\u00a0December 2002 the applicant has repeatedly applied in person and in  writing to various public bodies. She has been supported in her efforts  by the Memorial NGO. In her letters to the authorities the applicant  referred to her son&#8217;s abduction and asked for assistance and details  of the investigation. Most of these enquiries have remained unanswered,  or purely formal replies have been given in which the applicant&#8217;s  requests  have been forwarded to various prosecutors&#8217; offices. The applicant  submitted  some of her letters to the authorities and their replies to the Court.  These documents are summarised below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">20.\u00a0\u00a0On   18 and 19 December 2002 the applicant complained about her son&#8217;s  abduction  to a number of local law enforcement agencies, including the military  commander&#8217;s office, the Urus-Martan district prosecutor&#8217;s office (the  district prosecutor&#8217;s office) and the Urus-Martan district department  of the interior (the Urus-Martan ROVD). She described the circumstances  of her son&#8217;s abduction by armed men in military vehicles at the Russian  military forces checkpoint and requested assistance in establishing  his whereabouts.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">21.\u00a0\u00a0On   15 January, 3 June and 9 July 2003 the Chechnya prosecutor&#8217;s office  forwarded the applicant&#8217;s complaints about her son&#8217;s abduction by armed  servicemen in camouflage uniforms to the district prosecutor&#8217;s office  for examination.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">22.\u00a0\u00a0On   31 January 2003 the district prosecutor&#8217;s office instituted an  investigation  into the disappearance of Aslan Sadulayev under Article\u00a0126\u00a0\u00a7\u00a02 of the  Criminal Code (aggravated kidnapping). The case file was given the  number  34010.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">23.\u00a0\u00a0On   31 March 2003 the district prosecutor&#8217;s office granted the applicant  victim status in the criminal case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">24.\u00a0\u00a0On   31 March, 5 June 2003 and 27 April 2004 the district prosecutor&#8217;s office   informed the applicant that the investigation in criminal case no. 34010   had been suspended for failure to establish the identities of the  perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">25.\u00a0\u00a0On   5 April 2003 the military prosecutor&#8217;s office of military unit no.\u00a020102   forwarded the applicant&#8217;s request for assistance in the search for her  son to the district military commander&#8217;s office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">26.\u00a0\u00a0On   30 April 2003 and 27 October 2004 the investigators resumed the  investigation  in the criminal case and informed the applicant about it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">27.\u00a0\u00a0On   23 July 2003 the military prosecutor&#8217;s office of the United Group  Alignment  (the military prosecutor&#8217;s office of the UGA) forwarded the applicant&#8217;s  request for assistance in the search for her son to the military  prosecutor&#8217;s  office of military unit no.\u00a020102.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">28.\u00a0\u00a0On   31 May 2004 the applicant wrote to the district prosecutor&#8217;s office  asking them to grant her civil plaintiff status in the criminal case.  On 9 June 2004 the district prosecutor&#8217;s office granted the request  and informed the applicant about it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">29.\u00a0\u00a0At   some point in the autumn of 2007 the investigation of the criminal case  was transferred to the Achkhoy-Martan district prosecutor&#8217;s office.  The applicant was neither informed about it nor about any of the  subsequent  steps taken by the investigators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">30.\u00a0\u00a0On 18 December 2002 the  applicant complained about her son&#8217;s abduction to a number of local  law-enforcement authorities, including the district prosecutor&#8217;s office,   the military commander&#8217;s office and the Urus-Martan ROVD. She stated  that at about 3 p.m. on 9 December 2002 her son Aslan Sadulayev had  been abducted at a mobile checkpoint of the Russian military forces  by servicemen of an unidentified power structure. According to her  complaint,  after the purple VAZ car with her son and Mr\u00a0M.M. had been stopped at  the checkpoint, the car and the men inside it had been driven away in  an unknown direction under the guard of military vehicles. The car&#8217;s  driver, Mr M.M., had been kicked out of the car on the road between  Urus-Martan and Goyty village, whereas Aslan Sadulayev had been taken  to an unknown destination. The applicant further stated that she had  learnt about her son&#8217;s abduction from Mr M.M. only on 12 December 2002.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">31.\u00a0\u00a0On 28 January 2003 an  officer  of the Urus-Martan ROVD questioned the father of Aslan Sadulayev, Mr  S.S., who stated that on 12\u00a0December 2002 he had leant that on 9  December  2002 his son had been detained at the checkpoint of the Russian federal  forces located at the crossroads between the settlements of  Komsomolskoye  and Alkhazurovo. Aslan Sadulayev had been a passenger in a dark-blue  VAZ-2109 car, which had been stopped by military servicemen, who had  taken him and another man away. The servicemen had kicked the third  man, Mr M., out of the car.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">32.\u00a0\u00a0On 28 January 2003 an  officer  of the Urus-Martan ROVD questioned the applicant, who stated that on  9 December 2002 her son Aslan Sadulayev had been on his way from  Alkhazurovo  to Urus-Martan, when the dark-blue VAZ-2109 car he was in had been  stopped  by military servicemen at the intersection. The servicemen had driven  away the car along with its passengers, but one of the passengers, Mr  M., had been kicked out of the vehicle by the servicemen at some point  later.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">33.\u00a0\u00a0On 18 February 2003 the  investigators from the district prosecutor&#8217;s office questioned the  applicant,  who stated that at about 3 p.m. on 9\u00a0December 2002 her son Aslan  Sadulayev  had been detained by unknown men at a federal forces mobile checkpoint  located at the junction near Komsomolskoye village. According to the  applicant, her son had been riding with Mr. M.M. and another man in  a purple VAZ-2109 car when their car was stopped at the checkpoint.  After that Aslan Sadulayev and Mr\u00a0M.M. had been taken away, but the  latter  had been released at some point later. A few days later Mr M.M. had  told the applicant about her son&#8217;s arrest and promised to help her to  get Aslan Sadulayev released. However, her son had not been released  and she had not had any news of him ever since. The applicant further  provided Mr M.M.&#8217;s description and stated that she had spoken with his  sister, Ms Z.M., who had told her that her other brother, Mr Mu.M.,  had witnessed the detention of Aslan Sadulayev and Mr\u00a0M.M. at the  checkpoint,  when he had also been stopped there for an identity check.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">34.\u00a0\u00a0On 18 February 2003  military  unit no.\u00a06779 informed the investigators that they had not detained  Aslan  Sadulayev on 9 December 2002.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">35.\u00a0\u00a0On an unspecified date in  February-March 2003 the Chechnya Ministry of the Interior (the MVD)  informed the investigators that they had neither opened criminal  proceedings  against Aslan Sadulayev nor detained him.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">36.\u00a0\u00a0On 9 March 2003 the  Chechnya  Department of the Federal Security Service (the FSB) informed the  investigators  that they had neither detained Aslan Sadulayev nor opened criminal  proceedings  against him.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">37.\u00a0\u00a0On 12 March 2003 the  Chechnya  Address Bureau informed the investigators that they did not have any  information concerning Mr M.M.&#8217;s permanent address.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">38.\u00a0\u00a0On 17, 20 and 22 March,  1 and 2 April, 24 June 2003 the Argun town department of the interior  (the Argun OVD), the Naurskiy ROVD, the Nozhay-Yurt ROVD, the Shali  ROVD, the Kurchaloy ROVD, the Shelkovskoy ROVD and the Shatoy ROVD  informed  the investigators that they did not have any information concerning  the possible detention of Aslan Sadulayev in local remand prisons or  discovery of his corpse in their districts.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">39.\u00a0\u00a0On 18 and 25 March, 17  April  2003 the Nadterechniy district prosecutor&#8217;s office, the Achkhoy-Martan  district prosecutor&#8217;s office and the Gudermes district prosecutor&#8217;s  office informed the investigators that they did not have any information   concerning the whereabouts of Aslan Sadulayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">40.\u00a0On 30 April 2003 the  investigators  questioned Ms Z.M., who stated that she was Mr M.M.&#8217;s sister. According  to her, Mr M.M., Aslan Sadulayev, Ms T.S. and another man had been  driving  to Urus-Martan in a dark-blue VAZ-2109 car when at a junction between  Alkhazurovo and Urus-Martan they had been stopped at a mobile checkpoint   by men in military uniforms. The men had fired several shots to stop  the car. After that they had taken everyone out of the vehicle and  searched  it. Next they had stopped a passing car and sent Ms T.S. in it to  Urus-Martan.  After that they had taken away the three men from the VAZ car. Mr M.M.  had been released at some point later; he had been on his knees in the  yard of military unit no.\u00a06779 when a certain Mr Rizvan had recognised  him and somehow expedited his release. According to the witness, Ms  T.S. had worked as a teacher in Goy-Chu village and Mr Rizvan had lived  in Goyskoye village.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">41.\u00a0\u00a0On 10 June 2003 an  operational  and search officer of the Urus-Martan ROVD informed the investigators  that he had been unable to establish the whereabouts and the address  of Ms T.S.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">42.\u00a0\u00a0On 31 May 2004 the  applicant  wrote to the district prosecutor&#8217;s office complaining that her son had  been detained by servicemen at the mobile checkpoint of the federal  forces and that local power structures had denied involvement in the  incident.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">43.\u00a0\u00a0On 9 June 2004 the  investigators  granted the applicant civil plaintiff status in the criminal case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">44.\u00a0\u00a0On an unspecified date the   Urus-Martan ROVD and the district military commander&#8217;s office informed  the investigators that they had been unable to identify the serviceman  named Rizvan. He was not listed as their employee and his whereabouts  could not be established.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">45.\u00a0\u00a0On unspecified dates the  investigators forwarded a number of requests to various authorities,  such as the Tangi-Chu military commander&#8217;s office, the district military   commander, the Chechnya FSB, and various detention centres in Chechnya  and other regions in the northern Caucasus, asking for information  concerning  the possible detention of Aslan Sadulayev by these agencies or if any  criminal proceedings had been opened against him. According to the  agencies&#8217;  replies, they had not arrested or detained the applicant&#8217;s son, no  criminal  proceedings were pending against him, and his corpse had not been found.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">46.\u00a0\u00a0The   investigation failed to establish the whereabouts of Aslan Sadulayev.  The investigating authorities sent requests for information to the  relevant  State agencies and took other steps to have the crime resolved. The  investigation found no evidence to support the involvement of the  federal  forces in the incident. The law-enforcement authorities of Chechnya  had never arrested or detained Aslan Sadulayev on criminal or  administrative  charges and had not carried out a criminal investigation in his respect.   No special operations had been carried out in respect of the applicant&#8217;s   son.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">47.\u00a0\u00a0According to the  Government,  the applicant had been duly informed of all decisions taken during the  investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">48.\u00a0\u00a0In   response to the Court&#8217;s request, the Government submitted only a few  documents from the criminal investigation file. The Government requested   the Court to apply Rule 33\u00a0\u00a7\u00a03 of the Rules of Court concerning  confidentiality  of the submitted documents and to restrict public access to the  submitted  documentation. In their request the Government stated that the criminal  investigation was still in progress and that public disclosure of the  documents could be detrimental to the interests of participants in the  criminal proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">49.\u00a0\u00a0The   Government further stated that a copy of the entire investigation file  could not be submitted to the Court owing to the absence of any  guarantees  on the part of the Court of non-disclosure of the secret data contained  in the investigation file. In this respect the Government referred to  Article 161 of the Criminal Procedure Code, since the file contained  information concerning participants in criminal proceedings. They also  cited, by way of comparison, the <a href=\"http:\/\/untreaty.un.org\/cod\/icc\/statute\/romefra.htm\">Rome <\/a><a name=\"01000001\"><\/a>Statute of the  International  Criminal Court of 17 July 1998 (Articles 70 and 72) and the Statute  of the International Criminal Tribunal for the former Yugoslavia  (Articles  15 and 22) and argued that these instruments provided for personal  responsibility  for a breach of the rules of confidentiality.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0Proceedings against law-enforcement  officials<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">50.\u00a0\u00a0On   an unspecified date in 2004 the applicant complained to the Urus-Martan  town court (the town court). She sought a ruling obliging the district  prosecutor&#8217;s office to conduct an effective investigation of Aslan  Sadulayev&#8217;s  abduction and to provide her with access to the investigation file.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">51.\u00a0\u00a0On   14 May 2004 the town court allowed her complaint in part. The court  instructed the district prosecutor&#8217;s office to conduct an effective  and thorough investigation in the criminal case and to question  witnesses  Ms\u00a0T.S. and Mr M.M. The remainder of the applicant&#8217;s complaint was  rejected.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">52.\u00a0\u00a0On   3 March 2005 the applicant again complained to the town court. She  sought  a ruling obliging the district prosecutor&#8217;s office to conduct an  effective  investigation in the criminal case. In her complaint the applicant  pointed  out that the authorities had failed to comply with the court&#8217;s decision  of 14\u00a0March 2004.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">53.\u00a0\u00a0On   22 March 2005 the town court rejected her complaint. The court stated  that the investigation had taken all measures possible in the absence  of those to be charged with the crime. On 15 June 2005 this decision  was upheld on appeal.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0RELEVANT DOMESTIC LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">54.\u00a0\u00a0For   a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia  (no. 40464\/02, \u00a7\u00a7\u00a067-69,  10\u00a0May 2007).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE GOVERNMENT&#8217;S OBJECTION  REGARDING  NON-EXHAUSTION OF DOMESTIC REMEDIES<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">55.\u00a0\u00a0The   Government contended that the complaint should be declared inadmissible  for non-exhaustion of domestic remedies. They submitted that the  investigation  into the disappearance of Aslan Sadulayev had not yet been completed.  They further argued that it had been open to the applicant to challenge  in court any acts or omissions of the investigating authorities and  that she could have pursued civil complaints but she had failed to do  so.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">56.\u00a0\u00a0The applicant  contested  that objection. She stated that the criminal investigation had proved  ineffective and that her complaints to that effect, including her  applications  to the local court, had been futile. Referring to the other cases  concerning  similar incidents which had been reviewed by the Court, she also alleged   that the existence of an administrative practice of non-investigation  of crimes committed by State servicemen in Chechnya rendered any  potentially  effective remedies inadequate and illusory in her case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">57.\u00a0\u00a0The   Court will examine the arguments of the parties in the light of the  provisions of the Convention and its relevant practice (for a relevant  summary, see Estamirov and Others v. Russia, no.  60272\/00, \u00a7\u00a7 73-74, 12\u00a0October  2006).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">58.\u00a0\u00a0   The Court notes that the Russian legal system provides, in principle,  two avenues of recourse for the victims of illegal and criminal acts  attributable to the State or its agents, namely civil and criminal  remedies.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">59.\u00a0\u00a0As   regards a civil action to obtain redress for damage sustained through  alleged illegal acts or unlawful conduct of State agents, the Court  has already found in a number of similar cases that this procedure alone   cannot be regarded as an effective remedy in the context of claims  brought  under Article 2 of the Convention (see Khashiyev and Akayeva v.\u00a0Russia,  nos.\u00a057942\/00 and 57945\/00,  \u00a7\u00a7\u00a0119-121, 24 February 2005, and Estamirov and Others, cited above,  \u00a7\u00a077). In the light of the  above, the Court confirms that the applicant was not obliged to pursue  civil remedies. The Government&#8217;s objection in this regard is thus  dismissed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">60.\u00a0\u00a0As   regards criminal law remedies, the Court observes that the applicant  complained to the law-enforcement authorities after the abduction of  Aslan Sadulayev and that an investigation has been pending since  31\u00a0January  2003. The applicant and the Government dispute the effectiveness of  the investigation of the kidnapping.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">61.\u00a0\u00a0The   Court considers that the Government&#8217;s objection raises issues concerning   the effectiveness of the investigation which are closely linked to the  merits of the applicant&#8217;s complaints. Thus, it decides to join this  objection to the merits of the case and considers that the issue falls  to be examined below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0THE COURT&#8217;S ASSESSMENT OF THE  EVIDENCE AND THE ESTABLISHMENT OF THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; arguments<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">62.\u00a0\u00a0The   applicant maintained that it was beyond reasonable doubt that the men  who had taken away Aslan Sadulayev were State agents. In support of  her complaint she referred to the following facts. The armed men who  had abducted Aslan Sadulayev had acted at the checkpoint of the Russian  military forces; they drove around in military APCs, they were armed  and wearing military uniform. All the information disclosed from the  criminal investigation file supported the applicant&#8217;s assertion as to  the involvement of State agents in the abduction. She further pointed  out that the Government had failed to provide any plausible explanation  to the events in question. Since Aslan Sadulayev had been missing for  a very lengthy period, he could be presumed dead. That presumption was  further supported by the circumstances in which he had been arrested,  which should be recognised as life-threatening.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">63.\u00a0\u00a0The   Government submitted that unidentified armed men, possibly members of  illegal armed groups or criminals pursuing a blood feud, had kidnapped  Aslan Sadulayev. They further contended that the investigation of the  incident was pending, that there was no evidence that the men were State   agents and that there were therefore no grounds for holding the State  liable for the alleged violations of the applicant&#8217;s rights. They  further  argued that there was no convincing evidence that the applicant&#8217;s son  was dead. The Government further stated that the fact that the  perpetrators  of the abduction were wearing camouflage uniforms did not mean that  these men could not have been members of illegal armed groups. They  also contended that the applicant&#8217;s description of the circumstances  surrounding the abduction was inconsistent. In particular, the applicant   had failed to inform the investigators about the three women who had  witnessed the incident, that is Ms Khamila D., Ms Kaypa A. and Ms Tamara   S.; it was not clear whether one of the abducted men had been either  kicked out from the abducted VAZ vehicle or he had been taken to the  military commander&#8217;s office; and that taking into account that the  investigation  had failed to establish the identities of Mr M.M. and Ms T.S., their  information allegedly given to the applicant about the circumstances  of the abduction could not be considered trustworthy.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s evaluation of the facts<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">64.\u00a0\u00a0The   Court observes that in its extensive jurisprudence it has developed  a number of general principles relating to the establishment of matters  in dispute, in particular when faced with allegations of disappearance  under Article 2 of the Convention (for a summary of these, see Bazorkina v. Russia, no. 69481\/01,  \u00a7\u00a7\u00a0103-109, 27 July 2006).  The Court also notes that the conduct of the parties when evidence is  being obtained has to be taken into account (see Ireland  v. the United Kingdom, \u00a7\u00a0161, Series A no. 25).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">65.\u00a0\u00a0The   Court notes that despite its requests for a copy of the investigation  file into the abduction of Aslan Sadulayev, the Government produced  only a part of the documents from the case file. The Government referred   to Article 161 of the Code of Criminal Procedure. The Court observes  that in previous cases it has already found this explanation  insufficient  to justify the withholding of key information requested by the Court  (see Imakayeva v. Russia, no. 7615\/02, \u00a7  123, ECHR 2006- &#8230; (extracts)).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">66.\u00a0\u00a0In   view of this and bearing in mind the principles referred to above, the  Court finds that it can draw inferences from the Government&#8217;s conduct  in respect of the well-foundedness of the applicant&#8217;s allegations. The  Court will thus proceed to examine crucial elements in the present case  that should be taken into account when deciding whether the applicant&#8217;s  son can be presumed dead and whether his death can be attributed to  the authorities.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">67.\u00a0\u00a0The   applicant alleged that the persons who had taken Aslan Sadulayev away  on 9\u00a0December 2002 and then killed him were State agents. The Government   did not dispute any of the main factual elements underlying the  application.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">68.\u00a0\u00a0The Government suggested  in their submissions that the abductors of Aslan Sadulayev may have  been members of paramilitary groups or criminals pursuing a blood feud.  However, this allegation was not specific and the Government did not  submit any material to support it. The Court would stress in this regard   that the evaluation of the evidence and the establishment of the facts  is a matter for the Court, and it is incumbent on it to decide on the  evidentiary value of the documents submitted to it (see \u00c7elikbilek  v. Turkey, no.\u00a027693\/95, \u00a7\u00a071, 31\u00a0May 2005).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">69.\u00a0\u00a0The Court notes that the  applicant&#8217;s allegation is supported by the witness statements collected  by the applicant and by the investigation. It finds that the fact that  a group of armed men in uniform at the military checkpoint, equipped  with military APCs, proceeded to check identity documents and detained  several persons strongly supports the applicant&#8217;s allegation that these  were State servicemen conducting a security operation. In her  application  to the authorities the applicant and her relatives consistently  maintained  that Aslan Sadulayev had been detained by unknown servicemen and  requested  the investigation to look into that possibility (see paragraphs 30-33  and 42 above). The domestic investigation also accepted factual  assumptions  as presented by the applicant and took steps to check whether State  bodies were involved in the abduction by forwarding information requests   to various agencies (see paragraphs 34-36, 38-39, 44 above), but it  does not appear that any serious steps were taken in that direction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">70.\u00a0\u00a0The Government questioned  the credibility of the applicant&#8217;s statement in view of certain  discrepancies  relating to the exact circumstances of the arrests and the description  of the hours immediately following the detention. The Court notes in  this respect that no other elements underlying the applicant&#8217;s  submissions  of facts have been disputed by the Government. The Government provided  the Court only with part of the investigation file materials to which  they referred in their submissions. In the Court&#8217;s view, the fact that  over a period of several years the applicant&#8217;s recollection of the event   differed in rather insignificant details does not in itself suffice  to cast doubt on the overall veracity of her statements.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">71.\u00a0\u00a0The   Court observes that where the applicant makes out a prima facie case and the Court is prevented  from reaching factual conclusions  owing to a lack of relevant documents, it is for the Government to argue   conclusively why the documents in question cannot serve to corroborate  the allegations made by the applicant, or to provide a satisfactory  and convincing explanation of how the events in question occurred. The  burden of proof is thus shifted to the Government and if they fail in  their arguments, issues will arise under Article 2 and\/or Article 3  (see To\u011fcu v. Turkey, no.\u00a027601\/95, \u00a7\u00a095,  31 May 2005, and Akkum and Others v. Turkey,  no.\u00a021894\/93, \u00a7\u00a0211, ECHR 2005-II).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">72.\u00a0\u00a0Taking   into account the above elements, the Court is satisfied that the  applicant  has made a prima facie case that her son had been detained by State  servicemen. The Government&#8217;s statement that the investigators had not  found any evidence to support the involvement of State agents in the  abduction is insufficient to discharge them from the above-mentioned  burden of proof. Having examined the documents submitted by the parties,   and drawing inferences from the Government&#8217;s failure to submit the  remaining  documents which were in their exclusive possession or to provide another   plausible explanation for the events in question, the Court finds that  Aslan Sadulayev was arrested on 9\u00a0December 2002 by State servicemen  during  an unacknowledged security operation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">73.\u00a0\u00a0There has been no reliable   news of Aslan Sadulayev since the date of the abduction. His name has  not been found in any official detention facility records. Finally,  the Government have not submitted any explanation as to what happened  to him after his arrest.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">74.\u00a0\u00a0Having   regard to the previous cases concerning disappearances in Chechnya which   have come before it (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia,  no.\u00a069480\/01, ECHR 2006-&#8230; (extracts); Baysayeva v.\u00a0Russia, no. 74237\/01, 5  April 2007; Akhmadova and Sadulayeva, cited  above; and Alikhadzhiyeva v. Russia,  no.\u00a068007\/01, 5\u00a0July 2007), the Court  finds that in the context of the conflict in the Republic, when a person   is detained by unidentified servicemen without any subsequent  acknowledgment  of the detention, this can be regarded as life-threatening. The absence  of Aslan Sadulayev and of any news of him for more than seven years  supports this assumption.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">75.\u00a0\u00a0Accordingly,   the Court finds that the evidence available permits it to establish  that Aslan Sadulayev must be presumed dead following his unacknowledged  detention by State servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">III.\u00a0ALLEGED VIOLATION OF ARTICLE  2 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">76.\u00a0\u00a0The   applicant complained under Article 2 of the Convention that her son  had been deprived of his life by Russian servicemen and that the  domestic  authorities had failed to carry out an effective investigation of the  matter. Article 2 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0Everyone&#8217;s right to life shall be protected  by law. No one shall be deprived of his life intentionally save in the  execution of a sentence of a court following his conviction of a crime  for which this penalty is provided by law.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Deprivation of life shall not be regarded as  inflicted in contravention of this article when it results from the  use of force which is no more than absolutely necessary:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0in defence of any person from unlawful  violence;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0in order to effect a lawful arrest or to  prevent  the escape of a person lawfully detained;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0in action lawfully taken for the purpose of  quelling a riot or insurrection.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">77.\u00a0\u00a0The Government contended  that the domestic investigation had obtained no evidence to the effect  that Aslan Sadulayev was dead or that any State agents had been involved   in his abduction or alleged killing. The Government claimed that the  investigation into the kidnapping of the applicant&#8217;s son met the  Convention  requirement of effectiveness, as all measures available under national  law were being taken to identify those responsible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">78.\u00a0\u00a0The applicant argued that  Aslan Sadulayev had been detained by State servicemen and should be  presumed dead, in the absence of any reliable news of him for several  years. The applicant also argued that the investigation had not met  the effectiveness and adequacy requirements, laid down by the Court&#8217;s  case-law. The applicant pointed out that the district prosecutor&#8217;s  office  had not taken some crucial investigative steps, such as identification  of the APCs which had been used by the abductors and questioning of  their drivers, and detailed questioning of such key witnesses to the  abduction as Ms Z.M., Mr M.M. and Mr Rizvan. The investigation had been  opened several weeks after she had lodged her official complaint about  the abduction and then it had been suspended and resumed a number of  times, thus delaying the taking of the most basic steps. The applicant  further contended that she had not been properly informed of the most  important investigative measures. The fact that the investigation had  been pending for more than six years without producing any tangible  results was further proof of its ineffectiveness. She also invited the  Court to draw conclusions from the Government&#8217;s unjustified failure  to submit the documents from the case file to her or to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">79.\u00a0\u00a0The   Court considers, in the light of the parties&#8217; submissions, that the  complaint raises serious issues of fact and law under the Convention,  the determination of which requires an examination of the merits.  Further,  the Court has already found that the Government&#8217;s objection concerning  the alleged non-exhaustion of domestic remedies should be joined to  the merits of the complaint (see paragraph 61 above). The complaint  under Article 2 of the Convention must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0The alleged violation of the right to  life  of Aslan Sadulayev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">80.\u00a0\u00a0The Court has already found that the applicant&#8217;s son must be  presumed  dead following unacknowledged detention by State servicemen. In the  absence of any justification put forward by the Government, the Court  finds that his death can be attributed to the State and that there has  been a violation of Article 2 in respect of Aslan Sadulayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0The alleged inadequacy of the  investigation  of the kidnapping<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">81.\u00a0\u00a0The   Court has on many occasions stated that the obligation to protect the  right to life under Article 2 of the Convention also requires by  implication  that there should be some form of effective official investigation when  individuals have been killed as a result of the use of force. It has  developed a number of guiding principles to be followed for an  investigation  to comply with the Convention&#8217;s requirements (for a summary of these  principles see Bazorkina, cited above, \u00a7\u00a7\u00a0117-119).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">82.\u00a0\u00a0In   the present case, the kidnapping of Aslan Sadulayev was investigated.  The Court must assess whether that investigation met the requirements  of Article 2 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">83.\u00a0\u00a0The   Court notes at the outset that most of the documents from the  investigation  were not disclosed by the Government. It therefore has to assess the  effectiveness of the investigation on the basis of the few documents  submitted by the parties and the information about its progress  presented  by the Government.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">84.\u00a0The   Court notes that on 18 December 2002 the authorities were made aware  of the abduction by the applicant&#8217;s submissions (see paragraphs 20 and  30 above). The investigation in the criminal case was instituted on  31\u00a0January 2003, that is one month and thirteen days after the  authorities  were informed about the incident. Such a postponement per se was liable to affect the  investigation of the kidnapping  in life-threatening circumstances, where crucial action has to be taken  in the first days after the event. It appears that after that a number  of essential steps were either delayed or not taken at all. For  instance,  as can be seen from the decision of the town court of 14 May 2004, by  that date the investigators had not identified or questioned key  witnesses  to the abduction (see paragraph 51 above). Further, the investigators  had not taken such crucial steps as identifying the APCs used by the  abductors and questioning their drivers; they had not questioned any  representatives of local military and law-enforcement agencies about  possible involvement of their personnel in the abduction; they had  failed  to take any measures to establish the whereabouts of the purple VAZ  car which had been taken away by the abductors and had failed to  question  any of the local residents to establish the whereabouts of the key  witnesses  to the abduction. In addition, it does not appear that the investigators   attempted to take any steps to identify the driver and the passengers  of the bus which had also been stopped at the checkpoint by the military   servicemen or any other local residents who had been present at the  checkpoint during the incident (see paragraph 9 above) and to question  them about the events. It is obvious that these investigative measures,  if they were to produce any meaningful results, should have been taken  immediately after the crime was reported to the authorities, and as  soon as the investigation commenced. Such delays, for which there has  been no explanation in the instant case, not only demonstrate the  authorities&#8217;  failure to act of their own motion but also constitute a breach of the  obligation to exercise exemplary diligence and promptness in dealing  with such a serious crime (see \u00d6nery\u0131ld\u0131z  v. Turkey [GC], no. 48939\/99, \u00a7 94, ECHR 2004-XII).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">85.\u00a0\u00a0The   Court also notes that even though the applicant was granted victim  status  in the investigation concerning the abduction of her son, she was only  informed of the suspension and resumption of the proceedings, and not  of any other significant developments. Accordingly, the investigators  failed to ensure that the investigation received the required level  of public scrutiny, or to safeguard the interests of the next of kin  in the proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">86.\u00a0\u00a0Finally,   the Court notes that the investigation was suspended and resumed on  numerous occasions and that there were lengthy periods of inactivity  on the part of the district prosecutor&#8217;s office when no proceedings  were pending.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">87.\u00a0Having  regard to the limb of the Government&#8217;s preliminary objection that was  joined to the merits of the complaint, inasmuch as it concerns the fact  that the domestic investigation is still pending, the Court notes that  the investigation, having being repeatedly suspended and resumed and  plagued by inexplicable delays, has been pending for many years without  producing any tangible results. Accordingly, the Court finds that the  remedy relied on by the Government was ineffective in the circumstances  and dismisses their preliminary objection.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">88.\u00a0\u00a0In   the light of the foregoing, the Court holds that the authorities failed  to carry out an effective criminal investigation into the circumstances  surrounding the disappearance of Aslan Sadulayev, in breach of Article\u00a02   in its procedural aspect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">IV.\u00a0ALLEGED VIOLATION OF ARTICLE  3 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">89.\u00a0\u00a0The   applicant relied on Article 3 of the Convention, submitting that as  a result of her son&#8217;s disappearance and the State&#8217;s failure to  investigate  it properly, she had endured mental suffering in breach of Article 3  of the Convention. Article 3 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cNo one shall be subjected to torture or to  inhuman or degrading treatment or punishment.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">90.\u00a0\u00a0The Government disagreed  with these allegations and argued that the investigation had not  established  that the applicant had been subjected to inhuman or degrading treatment  prohibited by Article 3 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">91.\u00a0\u00a0The   applicant maintained her submissions.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">92.\u00a0\u00a0The   Court notes that this complaint under Article 3 of the Convention is  not manifestly ill-founded within the meaning of Article 35 \u00a7\u00a03 of the  Convention. It further notes that it is not inadmissible on any other  grounds. It must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">93.\u00a0\u00a0The   Court has found on many occasions that in a situation of enforced  disappearance  close relatives of the victim may themselves be victims of treatment  in violation of Article 3. The essence of such a violation does not  mainly lie in the fact of the \u201cdisappearance\u201d of the family member  but rather concerns the authorities&#8217; reactions and attitudes to the  situation when it is brought to their attention (<a name=\"01000002\"><\/a>see  <a name=\"01000003\"><\/a>Orhan v. Turkey, no.\u00a025656\/94,  \u00a7\u00a0358, 18 June 2002, and Imakayeva, cited above, \u00a7\u00a0164).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">94.\u00a0\u00a0In   the present case the Court notes that the applicant is the mother of  the disappeared person. For more than seven years she has not had any  news of the missing man. During this period the applicant has made  enquiries  of various official bodies, both in writing and in person, about her  missing son. Despite her attempts, the applicant has never received  any plausible explanation or information about what became of him  following  his detention. The responses she received mostly denied State  responsibility  for her son&#8217;s arrest or simply informed her that the investigation was  ongoing. The Court&#8217;s findings under the procedural aspect of Article  2 are also of direct relevance here.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">95.\u00a0\u00a0The   Court therefore concludes that there has been a violation of Article  3 of the Convention in respect of the applicant.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">V.\u00a0ALLEGED VIOLATION OF ARTICLE 5  OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">96.\u00a0\u00a0The   applicant further stated that Aslan Sadulayev had been detained in  violation  of the guarantees contained in Article 5 of the Convention, which reads,   in so far as relevant:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0Everyone has the right to liberty and  security  of person. No one shall be deprived of his liberty save in the following   cases and in accordance with a procedure prescribed by law:&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0the lawful arrest or detention of a person  effected for the purpose of bringing him before the competent legal  authority on reasonable suspicion of having committed an offence or  when it is reasonably considered necessary to prevent his committing  an offence or fleeing after having done so;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Everyone who is arrested shall be informed  promptly, in a language which he understands, of the reasons for his  arrest and of any charge against him.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Everyone arrested or detained in accordance  with the provisions of paragraph\u00a01\u00a0(c) of this Article shall be brought  promptly before a judge or other officer authorised by law to exercise  judicial power and shall be entitled to trial within a reasonable time  or to release pending trial. Release may be conditioned by guarantees  to appear for trial.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Everyone who is deprived of his liberty by  arrest or detention shall be entitled to take proceedings by which the  lawfulness of his detention shall be decided speedily by a court and  his release ordered if the detention is not lawful.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0Everyone who has been the victim of arrest  or detention in contravention of the provisions of this Article shall  have an enforceable right to compensation.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">97.\u00a0\u00a0The Government asserted  that no evidence had been obtained by the investigators to confirm that  Aslan Sadulayev had been deprived of his liberty. He was not listed  among the persons kept in detention centres and none of the regional  law-enforcement agencies had information about his detention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">98.\u00a0\u00a0The applicant reiterated  the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">99.\u00a0\u00a0The Court notes that this complaint is not manifestly ill-founded  within the meaning of Article 35 \u00a7 3 of the Convention. It further  notes that the complaint is not inadmissible on any other grounds and  must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">100.\u00a0\u00a0The   Court has previously noted the fundamental importance of the guarantees  contained in Article 5 to secure the right of individuals in a democracy   to be free from arbitrary detention. It has also stated that  unacknowledged  detention is a complete negation of these guarantees and discloses a  very grave violation of Article 5 (see \u00c7i\u00e7ek v. Turkey, no.\u00a025704\/94,  \u00a7\u00a0164, 27 February 2001, and Luluyev, cited above, \u00a7\u00a0122).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">101.\u00a0\u00a0The   Court has found that Aslan Sadulayev was apprehended by State servicemen   on 9\u00a0December 2002 and has not been seen since. His detention was not  acknowledged, was not logged in any custody records and there exists  no official trace of his subsequent whereabouts or fate. In accordance  with the Court&#8217;s practice, this fact in itself must be considered a  most serious failing, since it enables those responsible for an act  of deprivation of liberty to conceal their involvement in a crime, to  cover their tracks and to escape accountability for the fate of a  detainee.  Furthermore, the absence of detention records, noting such matters as  the date, time and location of detention and the name of the detainee  as well as the reasons for the detention and the name of the person  effecting it, must be seen as incompatible with the very purpose of  Article 5 of the Convention (see <a name=\"01000004\"><\/a>Orhan,   cited above, \u00a7\u00a0371).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">102.\u00a0\u00a0The   Court further considers that the authorities should have been more alert   to the need for a thorough and prompt investigation of the applicant&#8217;s  complaints that her son had been detained and taken away in  life-threatening  circumstances. However, the Court&#8217;s findings above in relation to  Article  2 and, in particular, the conduct of the investigation leave no doubt  that the authorities failed to take prompt and effective measures to  safeguard him against the risk of disappearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">103.\u00a0\u00a0In view of the foregoing, the  Court  finds that Aslan Sadulayev was held in unacknowledged detention without  any of the safeguards contained in Article 5. This constitutes a  particularly  grave violation of the right to liberty and security enshrined in  Article  5 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VI.\u00a0ALLEGED VIOLATION OF ARTICLE  13 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">104.\u00a0\u00a0The   applicant complained that she had been deprived of effective remedies  in respect of the aforementioned violations, contrary to Article 13  of the Convention, which provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cEveryone whose rights and freedoms as set  forth in [the] Convention are violated shall have an effective remedy  before a national authority notwithstanding that the violation has been  committed by persons acting in an official capacity.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">105.\u00a0\u00a0The Government contended  that the applicant had had effective remedies at her disposal as  required  by Article 13 of the Convention and that the authorities had not  prevented  her from using them. The applicant had had an opportunity to challenge  the acts or omissions of the investigating authorities in court and  had availed herself of it. They added that participants in criminal  proceedings could also claim damages in civil proceedings. In sum, the  Government submitted that there had been no violation of Article 13.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">106.\u00a0\u00a0The applicant reiterated  the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">107.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35 \u00a7 3 of the Convention. It further notes that  it is not inadmissible on any other grounds. It must therefore be  declared  admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">108.\u00a0\u00a0The   Court reiterates that in circumstances where, as here, a criminal  investigation  into the disappearance has been ineffective and the effectiveness of  any other remedy that might have existed, including civil remedies  suggested  by the Government, has consequently been undermined, the State has  failed  in its obligation under Article\u00a013 of the Convention (see Khashiyev and Akayeva, cited above,  \u00a7\u00a0183).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">109.\u00a0\u00a0Consequently,   there has been a violation of Article 13 in conjunction with Article  2 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">110.As   regards the applicant&#8217;s reference to Articles 3 and 5 of the Convention,   the Court considers that, in the  circumstances, no separate issue arises in respect of Article 13, read  in conjunction with Articles 3 and 5 of the Convention (see Kukayev v. Russia, no.\u00a029361\/02,  \u00a7\u00a0119, 15\u00a0November 2007, and Aziyevy v. Russia, no. 77626\/01,  \u00a7\u00a0118, 20\u00a0March 2008).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VII.\u00a0APPLICATION  OF ARTICLE 41 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">111.\u00a0\u00a0Article   41 of the Convention provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cIf the Court finds that there has been a  violation  of the Convention or the Protocols thereto, and if the internal law  of the High Contracting Party concerned allows only partial reparation  to be made, the Court shall, if necessary, afford just satisfaction  to the injured party.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">112.\u00a0\u00a0The   applicant did not claim in respect of pecuniary damage. As to  non-pecuniary  damage, she stated that she had lost her son and endured stress,  frustration  and helplessness in relation to her son&#8217;s abduction aggravated by the  authorities&#8217; inactivity in the investigation for several years. She  left the determination of the amount of compensation to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">113.\u00a0\u00a0The   Government submitted that finding a violation of the Convention would  be adequate just satisfaction in the applicant&#8217;s case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">114.\u00a0\u00a0The   Court has found a violation of Articles 2, 5 and 13 of the Convention  on account of the unacknowledged detention and death of the applicant&#8217;s  son. The applicant herself has been found to have been victim of a  violation  of Article 3 of the Convention. The Court thus accepts that she has  suffered non-pecuniary damage which cannot be compensated for solely  by the findings of violations. It awards the applicant 60,000 euros  (EUR) plus any tax that may be chargeable thereon.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0Costs and expenses<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">115.\u00a0\u00a0The applicant was  represented  by lawyers from the EHRAC\/Memorial Human Rights Centre. They submitted  that the aggregate claim in respect of costs and expenses related to  the applicant&#8217;s legal representation amounted to 881 pounds sterling  (GBP) (approximately EUR 1,110) with the following breakdown of costs:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0GBP\u00a0300   for 3 hours of legal work by a United Kingdom-based lawyer at a rate  of GBP\u00a0100 per hour;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0GBP   413 for translation costs, as certified by invoices; and<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0GBP\u00a0175   for administrative costs and expenses.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">116.\u00a0\u00a0The Government did not  dispute the reasonableness of and justification for the amounts claimed  under this heading.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">117.\u00a0\u00a0The   Court has to establish first whether the costs and expenses indicated  by the applicant&#8217;s representatives were actually incurred and, second,  whether they were necessary (see McCann  and Others v. the United Kingdom, 27 September 1995, \u00a7  220, Series A no. 324).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">118.\u00a0\u00a0Having   regard to the details of the information submitted by the applicant,  the Court is satisfied that these rates are reasonable and reflect the  expenses actually incurred by the applicant&#8217;s representatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">119.\u00a0\u00a0As   to whether the costs and expenses incurred for legal representation  were necessary, the Court notes that this case was rather complex and  required a certain amount of research and preparation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">120.\u00a0\u00a0Having   regard to the details of the claims submitted by the applicant, the  Court awards her the amount as claimed of EUR\u00a01,110 together with any  value-added tax that may be chargeable to the applicant, the net award  to be paid into the representatives&#8217; bank <a name=\"01000005\"><\/a>account  in  the UK, as identified by the applicant.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0\u00a0Default interest<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">121.\u00a0\u00a0The   Court considers it appropriate that the default interest should be based   on the marginal lending rate of the European Central Bank, to which  should be added three percentage points.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">FOR THESE REASONS, THE COURT UNANIMOUSLY<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Decides to join to the merits the  Government&#8217;s objection as  to non-exhaustion of domestic remedies and rejects it;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Declares  the application admissible;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Holds that  there has been a substantive violation of Article\u00a02  of the Convention in respect of Aslan Sadulayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Holds that  there has been a violation of Article\u00a02 of the Convention  in respect of the failure to conduct an effective investigation into  the circumstances in which Aslan Sadulayev disappeared;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0Holds  that there has been a violation of Article\u00a03 of the Convention  in respect of the applicant on account of her moral suffering;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0 Holds that  there has been a violation of Article\u00a05 of the Convention  in respect of Aslan Sadulayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0Holds   that there has been a violation of Article\u00a013 of the Convention in  conjunction  with Article 2 of the Convention;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0Holds   that no separate issues arise under Article 13 of the Convention in  respect of the alleged violations of Articles 3 and 5;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0Holds<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0that the respondent State is to pay,  within three months of the date on which the judgment becomes final  in accordance with Article\u00a044\u00a0\u00a7\u00a02 of the Convention, the following  amounts,  to be converted into Russian roubles at the date of settlement, save  in the case of the payment in respect of costs and expenses:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(i)\u00a0\u00a0EUR\u00a060,000 (sixty thousand euros),  plus  any tax that may be chargeable, in respect of non-pecuniary damage to  the applicant;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(ii)\u00a0\u00a0EUR\u00a01,110 (one thousand one hundred  and ten euros), plus any tax that may be chargeable to the applicant,  in respect of costs and expenses, to be paid into the representatives&#8217;  bank account in the UK;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0that from the expiry of the  above-mentioned  three months until settlement simple interest shall be payable on the  above amounts at a rate equal to the marginal lending rate of the  European  Central Bank during the default period plus three percentage points;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Done in English, and notified in writing   on 8 April 2010, pursuant to Rule 77 \u00a7\u00a7 2 and 3 of the Rules of Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">S\u00f8ren  Nielsen\u00a0Christos  Rozakis<br \/>\nRegistrar\u00a0President<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">****<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>CASE OF SERIYEVY v.  RUSSIA<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>(Application no.  20201\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">JUDGMENT<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">STRASBOURG<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>8 April  2010<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">This  judgment will become final in the circumstances set out in Article\u00a044  \u00a7\u00a02 of the Convention. It may be subject to editorial revision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>In the case of Seriyevy v. Russia,<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The   European Court of Human Rights (First Section), sitting as a Chamber  composed of:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Christos  Rozakis, President,<br \/>\nNina Vaji\u0107,<br \/>\nAnatoly Kovler,<br \/>\nElisabeth Steiner,<br \/>\nKhanlar Hajiyev,<br \/>\nDean Spielmann,<br \/>\nSverre Erik Jebens, judges,<br \/>\nand S\u00f8ren  Nielsen, Section Registrar,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Having   deliberated in private on 18 March 2010,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Delivers   the following judgment, which was adopted on that date:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">PROCEDURE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The   case originated in an application (no. 20201\/05) against the Russian  Federation lodged with the Court under Article 34 of the Convention  for the Protection of Human Rights and Fundamental Freedoms (\u201cthe  Convention\u201d) by two Russian nationals, Mr Abdula (also spelled as  Abdulla) Seriyev and Ms Maret Seriyeva (\u201cthe applicants\u201d), on 2  June 2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The   applicants were represented by lawyers of the Stichting Russian Justice  Initiative (\u201cSRJI\u201d), an NGO based in the Netherlands with a  representative  office in Russia. The Russian Government (\u201cthe Government\u201d) were  represented by their Agent, Mr G. Matyushkin.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0On   25 April 2008 the Court decided to apply Rule\u00a041 of the Rules of Court  and to grant priority treatment to the application and to give notice  of the application to the Government. Under the provisions of Article  29 \u00a7 3 of the Convention, it decided to examine the merits of the  application  at the same time as its admissibility. The President of the Chamber  acceded to the Government&#8217;s request not to make publicly accessible  the documents from the criminal investigation file deposited with the  Registry in connection with the application (Rule 33 of the Rules of  Court).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0The   Government objected to the joint examination of the admissibility and  merits of the application. Having considered the Government&#8217;s objection,   the Court dismissed it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0The   applicants, who are father and daughter, were born in 1936 and 1975  respectively. They are the husband and the daughter of Bilkis  Askhabayeva,  who was born in 1942, and the father and sister of Sarali Seriyev, who  was born in 1980. At the material time the applicants and their  relatives  lived in Belgatoy, Chechnya; the applicants currently live in Shali,  Chechnya.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A. Events related to the death of Bilkis  Askhabayeva  as submitted by the applicants<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1. The death of Bilkis Askhabayeva<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0On   26 December 2002 a projectile struck the applicants&#8217; house, hit Bilkis  Askhabayeva and severely wounded her. She died on the same day from  the injuries.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2. The official investigation into the  death of Bilkis Askhabayeva<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0On   27 December 2002 the district prosecutor&#8217;s office instituted an  investigation  into the death of Bilkis Askhabayeva under Article 105\u00a0\u00a7\u00a02 of the  Criminal  Code (aggravated murder). The case file was given number\u00a059281.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0On   29 December 2002 the first applicant was granted victim status in the  criminal case. On 30 December 2002 the investigative authorities ordered   a forensic examination of Bilkis Askhabayeva&#8217;s body.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0At   some point between January 2003 and November 2004 the investigation  of the criminal case was transferred to the military prosecutor&#8217;s office   of military unit no.\u00a020116 (the military prosecutor&#8217;s office), where  the case file was given number 34\/35\/0191-03.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0On   25 November 2004 the military prosecutor&#8217;s office terminated the  proceedings  in the criminal case. The decision stated that the investigation had  established that on 26 December 2002 military unit no.\u00a023132 had  participated  in a special operation against illegal armed groups. At about 8 p.m.  an illuminating shell launched by a cannon 2C3 No.\u00a0221 from the position   of the military unit, due to a technical malfunction, had hit the house  at 41 Kirova Street in Belgatoy, Chechnya. The death of Bilkis  Askhabayeva  was a result of an accident and therefore no personal responsibility  could be established for it. The decision further stated that the  criminal  investigation in case no.\u00a034\/35\/0191-03 should be terminated for lack  of corpus delicti   in the actions of the military servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">11.\u00a0\u00a0On   7 December 2004 the military prosecutor&#8217;s office informed the first  applicant about the decision to terminate the criminal proceedings.  The applicants did not appeal this decision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">12.\u00a0\u00a0On   13 June 2005 the military prosecutor&#8217;s office took another decision  to terminate the proceedings in the criminal case on the grounds of  lack of corpus  delicti and the amnesty act applied to the military officers.  The applicants did not appeal this decision either.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3. Civil proceedings initiated by the  applicants in connection with the death of Bilkis Askhabayeva<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">13.\u00a0\u00a0On   29 March 2005 the first applicant brought proceedings against military  unit no.\u00a023132. He demanded compensation for pecuniary and non-pecuniary   damage caused by his wife&#8217;s death.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">14.\u00a0\u00a0On   13 June 2005 the Shali town court partially granted the claim. The court   granted the applicant 168,105 Russian roubles (RUB &#8211; about 5,000 euros  (EUR)) in respect of pecuniary damage and RUB 10,000 (about EUR 300)  in respect of non-pecuniary damage.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">15.\u00a0\u00a0On   an unspecified date the first applicant lodged a request with the town  court asking for an extension of the time-limits for appeal of the  judgment.  The applicant submitted that he had not complied with the time-limits  for the appellate procedure because of illness.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">16.\u00a0\u00a0On   25 August 2005 the Shali town court rejected his request. The court  stated that the applicant had failed to provide any evidence, such as  a medical certificate, to justify his failure to comply with the  statutory  time-limits for the appeal.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">17.\u00a0\u00a0On   an unspecified date the first applicant again brought proceedings  against  military unit no.\u00a023132 demanding compensation for pecuniary and  non-pecuniary  damage caused by the actions of the military in December 2002.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">18.\u00a0\u00a0On   23 June 2008 the Shali town court granted the applicant&#8217;s claim and  awarded him a total of RUB 532,000 (about EUR 15,200) in damages, of  which RUB 232,000 were granted in respect of pecuniary damage and RUB  300,000 in respect of non-pecuniary damage suffered in connection with  the death of Bilkis Askhabayeva. The applicant did not appeal against  this decision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">19.\u00a0\u00a0On   3 September 2008 the judgement was enforced and the applicant received  the amount due.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B. Events related to the disappearance of  Sarali Seriyev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1. The applicants&#8217; account<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">a. Abduction of Sarali Seriyev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">20.\u00a0\u00a0In   2000 as a result of an accident Sarali Seriyev (also spelled as Sar-Ali  Serbiyev) lost his right hand, three fingers on the left hand and vision   in his right eye. At the material time he was wearing a prosthesis.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">21.\u00a0\u00a0On   1 June 2004 the applicants, Sarali Seriyev and their relative Imali  Seriyev were at home at 41 Kirova Street in Belgatoy, Chechnya.\u00a0\u00a0The  area  was under the full control of the Russian federal forces; military  checkpoints  were located on the roads leading to and from the village.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">22.\u00a0\u00a0At   about 5 p.m. eight or nine silver-coloured vehicles, including a van  and VAZ cars, arrived at the applicants&#8217; house. Only one of them had  a registration number, which was 516 95.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">23.\u00a0\u00a0About   thirty heavily-armed masked servicemen in uniforms got out of the  vehicles.  Two or three of them were in helmets. The men neither identified  themselves  nor produced any documents. They communicated in Russian, although a  few spoke Chechen. The applicants thought that the intruders were  federal  servicemen as the vast majority of them spoke unaccented Russian and  just a few spoke Chechen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">24.\u00a0\u00a0Upon   entering the applicants&#8217; yard, the servicemen demanded that the  residents  of the house hand their weapons to them and state who had spent the  night in the house. After that the men forced the second applicant and  her brother Imali into different rooms.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">25.\u00a0\u00a0The   intruders sprayed some kind of thick liquid into the room where the  second applicant was placed. Two of the officers entered Imali&#8217;s room,  where he was forced to stay, beat him and searched the place.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">26.\u00a0\u00a0Meanwhile   other intruders took Sarali out from the house, forced him into the  yard and then into one of the cars in the street. As this was happening  the first applicant was trying to explain to the servicemen that Sarali  was a disabled person and to show them his and Sarali&#8217;s identity  documents.  One of the servicemen took them from the first applicant and told him  that they did not need any identity documents.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">27.\u00a0\u00a0The   second applicant and Imali ran after the servicemen in an attempt to  prevent them from detaining Sarali, but one of the intruders pushed  the applicant and sprayed her with the thick liquid, causing her eyes  to burn. They also sprayed Imali in the left eye and he ran to rinse  his eye under an outdoor water tap. The first applicant also attempted  to prevent the soldiers from taking Sarali away. The applicant threw  himself onto one of the cars, but a soldier sprayed a liquid into his  eyes. A group of the applicants&#8217; neighbours witnessed the abduction  of Sarali Seriyev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">28.\u00a0\u00a0The   first applicant followed the abductors&#8217; vehicles by car with an officer  from a local department of the interior. They drove up to the local  military checkpoints; however, the applicant could not obtain any  information  there about Sarali&#8217;s abductors.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">29.\u00a0\u00a0The   description of the circumstances surrounding Sarali Seriyev&#8217;s abduction  is based on an account by the first applicant dated 20 May 2005, on  an account by the second applicant, dated 6 February 2006, and on  documents  submitted with the application.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">b.\u00a0The search for Sarali Seriyev and the  official  investigation<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">30.\u00a0\u00a0On   1 June 2004 the applicants started their search for Sarali Seriyev.  They contacted, both in person and in writing, various official bodies,  such as the Shali administration, the Chechen administration, the Shali  district military commander&#8217;s office and the prosecutors&#8217; offices at  different levels, describing in detail the circumstances of their  relative&#8217;s  abduction and asking for help in establishing his whereabouts. The  applicants  retained copies of a number of their complaints and the authorities&#8217;  replies and submitted them to the Court. An official investigation had  been opened by the local prosecutor&#8217;s office. The relevant information  is summarised below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">31.\u00a0\u00a0Immediately   after his son&#8217;s abduction, in the late afternoon of 1 June 2004, the  first applicant invited the investigators of the Shali district  prosecutor&#8217;s  office (the district prosecutor&#8217;s office). They arrived at the house  about half an hour after the events. In the yard they took down the  statements of the applicants, their relatives and neighbours and drew  a map of the house. When the second applicant told the investigators  about the spray used to disable her, one of them dismissed her statement   as irrelevant. The investigators refused to go inside and examine the  house for evidence.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">32.\u00a0\u00a0On   2 July 2004 the district prosecutor&#8217;s office instituted an investigation   into the abduction of Sarali Seriyev under Article 126\u00a0\u00a7\u00a02 of the  Criminal  Code (aggravated kidnapping). The case file was given the number 36076.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">33.\u00a0\u00a0On   2 July 2004 the district prosecutor&#8217;s office granted the first applicant   victim status in the criminal case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">34.\u00a0\u00a0On   21 July 2004 the Chechnya prosecutor&#8217;s office informed the first  applicant  that the investigation in the criminal case was taking operational  search  measures to establish the whereabouts of Sarali Seriyev and identify  the perpetrators of his kidnapping.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">35.\u00a0\u00a0On   21 July 2004 the Chechnya prosecutor&#8217;s office forwarded the first  applicant&#8217;s  request for assistance in the search for his son to the district  prosecutor&#8217;s  office for examination.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">36.\u00a0\u00a0On   17 September 2004 the head of the criminal search division of the  Chechnya  department of the interior (the Chechnya MVD) informed the first  applicant  that his son&#8217;s abduction was being investigated by the district  prosecutor&#8217;s  office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">37.\u00a0\u00a0On   20 September 2004 the first applicant requested the military prosecutor  office&#8217;s of the United Group Alignment (the military prosecutor&#8217;s office   of the UGA) to assist in the search for his son.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">38.\u00a0\u00a0On   15 October 2004 the military prosecutor&#8217;s office of the UGA informed  the first applicant that information concerning the investigation into  his son&#8217;s abduction was available either at the district prosecutor  office or the Chechnya prosecutor&#8217;s office. The letter also stated \u201c&#8230;  it has been established that federal military servicemen were not  involved  in your son&#8217;s abduction\u201d.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">39.\u00a0\u00a0On   1 December 2004 the district prosecutor&#8217;s office informed the first  applicant that his complaint about the abduction had been included into  the investigation file.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">40.\u00a0\u00a0On   2 February 2005 the first applicant addressed the Shali district  military  commander&#8217;s office (the district military commander&#8217;s office) with a  request for assistance in the search for his son.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">41.\u00a0\u00a0On   3 February 2005 the district military commander&#8217;s office informed the  first applicant that they had forwarded information requests concerning  Sarali Seriyev&#8217;s whereabouts to a number of law enforcement agencies.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">42.\u00a0\u00a0On   5 February 2005 the Chechnya prosecutor&#8217;s office informed the first  applicant that the investigation in the criminal case had been resumed  on an unspecified date.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">43.\u00a0\u00a0On   22 February 2005 the military prosecutor&#8217;s office of military unit  no.\u00a020116  informed the first applicant that they had not received his request.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">44.\u00a0\u00a0On   8 March 2005 the district military commander&#8217;s office provided the first   applicant with a copy of their information request concerning the search   for Sarali Seriyev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">45.\u00a0\u00a0On   14 March 2005 the first applicant complained to the district military  commander&#8217;s office about the lack of information concerning the  investigation  into his son&#8217;s abduction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">46.\u00a0\u00a0On   6 June 2005 the applicants&#8217; representatives wrote to the district  prosecutor&#8217;s  office. They asked about the measures taken in the criminal case and  the progress of the investigation and requested that the first applicant   be provided with copies of documents from the investigation file.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">47.\u00a0\u00a0On   29 June 2005 the Chechnya prosecutor&#8217;s office informed the applicants&#8217;  representatives that the investigation into the abduction of Sarali  Seriyev had taken all measures to identify the perpetrators; that the  first applicant was entitled to familiarise himself with the documents  in the investigation file; that he could obtain information on the  progress  of the investigation and receive copies of the requested documents at  the district prosecutor&#8217;s office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">48.\u00a0\u00a0On   28 July 2005 the Chechnya prosecutor&#8217;s office informed the applicants&#8217;  representatives that information concerning the investigation in the  criminal case was a secret and was not a subject to disclosure.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">49.\u00a0\u00a0The Government submitted  that \u201c&#8230; at about 5 p.m. on 1 June 2004 in Kirov Street in Belgatoy,  in the Shali district of Chechnya, about fifteen unidentified persons  in camouflage uniforms and masks, armed with automatic weapons, abducted   Sarali Seriyev and took him away to an unknown destination in a  VAZ-21099  vehicle. The whereabouts of S.\u00a0Seriyev have not been established since\u201d.   In connection with this, the district prosecutor&#8217;s office had opened  criminal case no.\u00a036076 under Article 126 \u00a7\u00a02 of the Criminal Code  (aggravated  kidnapping).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">50.\u00a0\u00a0On 10 June 2004 the  investigators  conducted the crime scene examination at 41 Kirova Street, Belgatoy.  Nothing was collected from the scene.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">51.\u00a0 On 2 July 2004 the first  applicant was granted victim status in the criminal case. The text of  the decision included the following:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c&#8230;the investigation established:  on 1 June 2004 unidentified persons in camouflage uniforms, with  firearms,  had arrived during the daytime in VAZ-21099 cars at the house of S.  Seriyev in Kirova Street, Belgatoy and detained him; after that they  had taken him away to an unknown destination&#8230;\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">52.\u00a0\u00a0On the same date, 2 July  2004, the applicant was questioned by the investigators. According to  a partial copy of his witness statement furnished by the Government,  in the late afternoon of 1 June 2004 he had been at home with his  relatives.  His son Sarali was in the house while his daughter, the second  applicant,  was in the yard. At about 5 p.m. a masked man in camouflage uniform  armed with an automatic weapon had entered the room where the first  applicant was resting. The man asked the applicant in Russian whether  any other men were in the house. The applicant responded that his  children  were on the second floor of the house and then followed the man outside.   In the yard he saw a group of about eight masked men in camouflage  uniforms,  armed with automatic weapons; the second applicant was showing her  brother&#8217;s  documents to them. One of the men sprayed the second applicant&#8217;s face  with a liquid from a spray can and took Sarali Seriyev to a VAZ-21099  car which was parked in the street. The applicant did not see how many  cars were in the street. He further stated that his son had a  first-degree  disability owing to the amputation of his hand.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">53.\u00a0\u00a0On 5 July 2004 the  investigators  questioned the second applicant. According to a partial copy of her  witness statement furnished by the Government, she stated that Sarali  Seriyev had a disability: he had lost his hand as a result of a mine  explosion. On 1 June 2004 she had been at home when she had heard from  the hallway an order to put her hands up. She saw a man in camouflage  uniform holding a machine gun, and her brother Sarali next to him. The  man asked whether anyone else, other than the family members, were in  the house. When the applicant responded that only family members were  in the house, the man asked what had happened to her brother&#8217;s hands.  The applicant explained that a mine had exploded in his hands and that  there were medical documents certifying it. Several more men entered  the house and asked her to fetch the documents. After the applicant  returned with the papers, they sprayed her in the eyes with tear gas,  pushed her into a room and dragged her brother downstairs. She attempted   to follow them, but one of the abductors pointed his gun at her and  ordered her to get back in the room. Then the applicant decided to call  for help from the window; from there she saw several more armed men  in camouflage uniforms in the yard and five or six VAZ-21099 cars. All  the vehicles were silver-coloured, except for one, which was white.  The intruders put Sarali into one of the cars and drove away.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">54.\u00a0\u00a0On 5 July 2004 the  investigators  questioned the applicants&#8217; neighbour, Mr V.S. According to a partial  copy of his witness statement furnished by the Government, he stated  that on 1 June 2004 he had been at home when he had heard screams coming   from the applicants&#8217; house. He went outside and heard the second  applicant  screaming. Then the witness went to the applicants&#8217; house. On the way  there he saw a boy who told him that Sarali Seriyev was being taken  away. A silver VAZ-21099 with tinted windows was in the street; its  registration number was 516, region 95. Four masked men in camouflage  uniforms, armed with 5.45 mm machine guns and APS pistols (\u201cautomatic  Stechkin pistol\u201d) walked towards the car from the  vegetable garden. Judging by the way the men moved, the witness  concluded  that they were about twenty to twenty-five years old; they were wearing  white training shoes. Three men got in the VAZ-21099 car, whereas the  fourth one pointed his gun at the witness and said in Russian: \u201cStop  or I will shoot\u201d. After that the man also got into the car, which  drove away down the street in the direction of the Rostov-Baku auto  route. According to the witness, three more silver VAZ-21099 cars, a  white VAZ-2110 car and a white minivan GAZ, all with tinted windows,  had been parked next to the Seriyevs&#8217; house; these vehicles followed  the VAZ-21099 in the direction of the Rostov-Baku motorway.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">55.\u00a0\u00a0On an unspecified date the   investigators questioned Mr M.K. who stated that in June 2002 he and  other residents of Belgatoy had been on their way back to the village  from haymaking. On the road they had seen some objects. Sarali Seriyev  picked up one of them. The objected exploded in his hands. He was  immediately  taken to the nearest military checkpoint and from there to the hospital.   As the result of the incident Sarali Seriyev had lost his hand.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">56.\u00a0\u00a0On 8 July 2004 the  investigators  requested that the Road Traffic Department of the Chechnya Ministry  of the Interior (the Chechnya GIBDD) informed them about the owners  of vehicles which had numbers\u00a0516-95 on their registration plates.  According  to the response from the authorities, four persons, Mr I.B., Mr S.M.,  Mr L.Yu. and Mr Kh.V., owned cars with the numbers 516-95 on the plates.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">57.\u00a0\u00a0In response to the  investigators&#8217;  request, in July 2004 the Shali district department of the Federal  Security  Service (the FSB) submitted that they had not conducted special  operations  on 1 June 2004 in Belgatoy and had no information which discredited  Sarali Seriyev. A similar response was received in August 2004 from  the Security Service of the Chechen President.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">58.\u00a0\u00a0On 28 July 2004 the  investigators  forwarded a request to the military prosecutor&#8217;s office of the UGA and  the Shali district department of the interior (the Shali ROVD) asking  whether they had conducted a special operation in Belgatoy on 1 June  2004 and whether Sarali Seriyev had been detained in either the UGA  detention centre or the ROVD premises. According to their replies, these   authorities had no information either concerning a special operation  in Belgatoy on 1 June 2004 or detention of the applicants&#8217; relative.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">59.\u00a0\u00a0In February 2005 the  investigators  forwarded requests to the Achkhoy-Martan district prosecutor&#8217;s office  and the Shelkovskoy district prosecutor&#8217;s office asking the authorities  to question the owners of the four vehicles. According to their  responses,  it was impossible to question Mr I.B. as his whereabouts had not been  established; a neighbour of Mr Kh.V. had stated that the latter had  moved to the Shatoi district of Chechnya and therefore could not be  questioned. Mr S.M. stated that for three months in 2002 he had owned  a dark red 1976 VAZ-21099 with the registration number X516 AX-95, which   he had sold to Mr A. from the Samashki village, Chechnya. As for Mr  L.Yu., he stated that in December 2003 he\u00a0had\u00a0purchased a silver 2003  VAZ-21099 with the registration number\u00a0T\u00a0516\u00a0PC95. In February 2004 he  had sold the car to a man from Dagestan who had been introduced to him  by the owner of a local service station, Mr M.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">60.\u00a0\u00a0On an unspecified date the   head of the criminal search division of the Shelkovskoy ROVD informed  the investigators that they could not establish the identity of the  new owner of the car which had belonged to Mr\u00a0L.Yu.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">61.\u00a0\u00a0The investigators  forwarded  a number of requests to various detention centres and the district  prosecutors&#8217;  offices in Chechnya asking whether these authorities had detained Sarali   Seriyev and whether they had opened criminal proceedings against him.  According to the replies received by the investigation, the applicants&#8217;  relative had not been detained and no criminal proceedings had been  opened against him.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">62.\u00a0\u00a0On an unspecified date the   investigation received a letter from the Special Group of the Ministry  of the Interior (the MVD) which stated that Sarali Seriyev was listed  by the criminal search police as a member of an illegal armed group.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">63.\u00a0\u00a0According to the  Government,  the investigation failed to establish the whereabouts of Sarali Seriyev.   The investigating authorities sent requests for information to the  competent  State agencies and took other steps to have the crime resolved. The  investigation found no evidence to support the involvement of Russian  military servicemen in the crime, nor did they find any evidence that  the applicants&#8217; relative was dead.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">64.\u00a0\u00a0The Government further  submitted  that the investigation had been suspended and resumed on a number of  occasions and that the applicants had been duly informed of all  decisions  taken during the investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">65.\u00a0\u00a0Despite   specific requests by the Court the Government did not disclose most  of the contents of the investigation file in criminal case no.\u00a036076.  They provided copies of only a few documents, including only partial  copies of the applicants&#8217; witness statements to the investigators, and  requested the Court to apply Rule 33\u00a0\u00a7\u00a03 of the Rules of Court  concerning  confidentiality of the submitted documents and to restrict public access   to the submitted documentation. In their request the Government stated  that the criminal investigation was still in progress and that public  disclosure of the documents could be detrimental to the interests of  participants in the criminal proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">66.\u00a0\u00a0The   Government further stated that a copy of the entire investigation file  could not be submitted to the Court owing to the absence of any  guarantees  on the part of the Court of non-disclosure of the secret data contained  in the investigation file. In this respect the Government referred to  Article 161 of the Criminal Procedure Code, since the file contained  information concerning participants in criminal proceedings. They also  cited, by way of comparison, the <a href=\"http:\/\/untreaty.un.org\/cod\/icc\/statute\/romefra.htm\">Rome <\/a><a name=\"01000001\"><\/a>Statute of the  International  Criminal Court of 17 July 1998 (Articles 70 and 72) and the Statute  of the International Criminal Tribunal for the former Yugoslavia  (Articles  15 and\u00a022) and argued that these instruments provided for personal  responsibility  for a breach of the rules of confidentiality.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0RELEVANT DOMESTIC LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">67.\u00a0For   a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia  (no. 40464\/02, \u00a7\u00a7\u00a067-69,  10\u00a0May 2007).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0\u00a0THE GOVERNMENT&#8217;S OBJECTION  REGARDING  NON-EXHAUSTION OF DOMESTIC REMEDIES IN RESPECT OF THE ABDUCTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">68.\u00a0\u00a0The   Government contended that the complaint should be declared inadmissible  for non-exhaustion of domestic remedies. They submitted that the  investigation  into the disappearance of Sarali Seriyev had not yet been completed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">69.\u00a0\u00a0The applicants  contested that objection. They stated that the only effective remedy  in respect of their complaints concerning Sarali Seriyev&#8217;s abduction  was a criminal investigation which had proved to be ineffective.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">70.\u00a0\u00a0The   Court will examine the arguments of the parties in the light of the  provisions of the Convention and its relevant practice (for a relevant  summary, see Estamirov and Others v. Russia, no.  60272\/00, \u00a7\u00a7 73-74, 12\u00a0October  2006).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">71.\u00a0\u00a0As   regards criminal law remedies, the Court observes that the applicants  complained to the law enforcement authorities immediately after the  abduction of Sarali Seriyev and that an investigation has been pending  since 2 July 2004. The applicants and the Government dispute the  effectiveness  of the investigation of the kidnapping.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">72.\u00a0\u00a0The   Court considers that the Government&#8217;s objection raises issues concerning   the effectiveness of the investigation, which are closely linked to  the merits of the applicants&#8217; complaints. Thus, it decides to join this  objection to the merits of the case and considers that the issue falls  to be examined below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0THE COURT&#8217;S ASSESSMENT OF THE  EVIDENCE AND THE ESTABLISHMENT OF THE FACTS IN RESPECT OF THE ABDUCTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; arguments<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">73.\u00a0\u00a0The   applicants maintained that it was beyond reasonable doubt that the men  who had abducted Sarali Seriyev were State agents. In support of their  complaint they referred to the following facts. At the material time  Belgatoy had been under the total control of federal troops. There had  been Russian military checkpoints on the roads leading to and from the  settlement. Most of the armed men who had abducted Sarali Seriyev had  spoken Russian without accent, which proved that they were not of  Chechen  origin and belonged to the federal forces. The men, who were armed and  wearing specific camouflage uniforms, had arrived in a convoy of several   vehicles during the daytime, which demonstrated that they had been  allowed  to drive around and pass through the checkpoints. The abductors were  a large group and they acted in a manner similar to that of special  forces carrying out identity checks. The applicants further submitted  that since Sarali Seriyev had been missing for a very long time he could   be presumed dead. That presumption was further supported by the  circumstances  in which he had been arrested, which should be recognised as  life-threatening.  Finally, the applicants contended that the Government had failed to  provide a satisfactory explanation of the circumstances under which  their relative had disappeared.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">74.\u00a0\u00a0The   Government submitted that unidentified armed men had kidnapped Sarali  Seriyev. They further contended that the investigation of the incident  was pending, that there was no evidence that the men were State agents  and that there were therefore no grounds for holding the State liable  for the alleged violations of the applicants&#8217; rights. They further  argued  that there was no convincing evidence that the applicants&#8217; relative  was dead. The Government raised an objection to the applicants&#8217;  presentation  of facts alleging that the applicants&#8217; description of the circumstances  surrounding the abduction was inconsistent. In particular, they referred   to inconsistencies in the applicants&#8217; statements provided to the  investigation  and to the Court in respect of the precise sequence of events during  the abduction and the first applicant&#8217;s submission to the Court  concerning  his attempts to follow the abductors by car. Referring to the  applicants&#8217;  witness statements given to the investigation, they pointed out that  the first applicant had not informed the investigators about his attempt   to follow the abductors by car and that both applicants had not  mentioned  the presence of their relative Imali in the house during the abduction.  The Government further submitted that fact that the majority of the  abductors spoke unaccented Russian, were wearing camouflage uniforms  and drove around in several vehicles did not mean that these men could  not have been members of illegal armed groups or criminals pursuing  a blood feud. They asserted that the crime could have been attributable  to illegal armed groups and pointed out that groups of mercenaries from  Ukraine had committed crimes in the Chechen Republic. They further  emphasised  that members of illegal armed groups could have passed through the  checkpoints  in the area under the full control of the Russian federal forces.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s evaluation<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">75.\u00a0\u00a0The   Court observes that in its extensive jurisprudence it has developed  a number of general principles relating to the establishment of the  facts of matters in dispute, in particular when faced with allegations  of disappearance under Article 2 of the Convention (for a summary of  these, see Bazorkina v. Russia, no. 69481\/01,  \u00a7\u00a7\u00a0103-109, 27 July 2006).  The Court also notes that the conduct of the parties when evidence is  being obtained has to be taken into account (see Ireland  v. the United Kingdom, 18 January 1978, \u00a7\u00a0161, Series  A no. 25).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">76.\u00a0\u00a0The   Court notes that despite its requests for a copy of the investigation  file into the abduction of Sarali Seriyev, the Government produced only  a few documents from the case file, of which some were only partial  copies. The Government referred to Article 161 of the Code of Criminal  Procedure. The Court observes that in previous cases it has already  found this explanation insufficient to justify the withholding of key  information requested by the Court (see Imakayeva v. Russia, no. 7615\/02,  \u00a7\u00a0123, ECHR 2006-VIII (extracts)).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">77.\u00a0\u00a0In   view of this and bearing in mind the principles referred to above, the  Court finds that it can draw inferences from the Government&#8217;s conduct  in respect of the well-foundedness of the applicants&#8217; allegations. The  Court will thus proceed to examine crucial elements in the present case  that should be taken into account when deciding whether the applicants&#8217;  relative can be presumed dead and whether his death can be attributed  to the authorities.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">78.\u00a0\u00a0The   applicants alleged that the persons who had taken Sarali Seriyev away  on 1\u00a0June 2004 and then killed him were State agents.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">79.\u00a0\u00a0 The Government suggested  in their submissions that the abductors of Sarali Seriyev may have been  members of paramilitary groups or criminals pursuing a blood feud.  However,  these allegations were not specific, and the Government did not submit  any material to support them. The Court takes note of the Government&#8217;s  allegation that the firearms and camouflage uniforms had probably been  stolen by insurgents from Russian arsenals in the 1990s. Nevertheless,  it considers it very unlikely that several vehicles with a number of  armed men could have moved freely in broad daylight in an area under  the full control of the federal forces and could pass through military  checkpoints without being unnoticed. The Court would stress in this  regard that the evaluation of the evidence and the establishment of  the facts is a matter for the Court, and it is incumbent on it to decide   on the evidentiary value of the documents submitted to it (see \u00c7elikbilek  v.\u00a0Turkey, no.\u00a027693\/95, \u00a7\u00a071, 31\u00a0May  2005).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">80.\u00a0\u00a0The Court notes that the  applicants&#8217; allegation is supported by the witness statements collected  by the investigation. It finds that the fact that a large group of armed   men in uniforms was able to drive around and move freely through  military  roadblocks in several vehicles in broad daylight and proceeded to check  identity documents and took the applicants&#8217; relative away from his home  strongly supports the applicants&#8217; allegation that these were State  servicemen  conducting a security operation. The domestic investigation also  accepted  factual assumptions as presented by the applicants (see paragraph 38  above); however, it does not appear that they took any serious steps  to check whether any state representatives were involved in the  abduction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">81.\u00a0\u00a0The Government questioned  the credibility of the applicants&#8217; statements in view of certain  discrepancies  relating to the exact circumstances of the arrests and the description  of the hours immediately following the detention. The Court notes in  this respect that no other elements underlying the applicants&#8217;  submissions  of facts have been disputed by the Government. In the Court&#8217;s view,  the fact that over a period of a few years the applicants&#8217; recollection  of an extremely traumatic and stressful event differed in rather  insignificant  details does not in itself suffice to cast doubt on the overall veracity   of their statements.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">82.\u00a0\u00a0The   Court observes that where the applicants make out a prima facie case and the Court is prevented  from reaching factual conclusions  owing to a lack of relevant documents, it is for the Government to argue   conclusively why the documents in question cannot serve to corroborate  the allegations made by the applicants, or to provide a satisfactory  and convincing explanation of how the events in question occurred. The  burden of proof is thus shifted to the Government and if they fail in  their arguments, issues will arise under Article 2 and\/or Article 3  (see To\u011fcu v. Turkey, no.\u00a027601\/95, \u00a7\u00a095,  31 May 2005, and Akkum and Others v. Turkey,  no.\u00a021894\/93, \u00a7\u00a0211, ECHR 2005-II).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">83.\u00a0\u00a0Taking   into account the above elements, the Court is satisfied that the  applicants  have made a prima facie case that their relative was abducted by State  servicemen. The Government&#8217;s statement that the investigators had not  found any evidence to support the involvement of the federal servicemen  in the kidnapping or their general reference to the possibility of the  involvement of illegal insurgents or criminals in the abduction is  insufficient  to discharge them from the above-mentioned burden of proof. Having  examined  the documents submitted by the parties, and drawing inferences from  the Government&#8217;s failure to submit the remaining documents which were  in their exclusive possession or to provide another plausible  explanation  for the events in question, the Court finds that Sarali Seriyev was  arrested on 1\u00a0June 2004 by State servicemen during an unacknowledged  security operation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">84.\u00a0\u00a0There has been no reliable   news of Sarali Seriyev since the date of the kidnapping. His name has  not been found in any official detention facility records. Finally,  the Government have not submitted any explanation as to what happened  to him after his arrest.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">85.\u00a0\u00a0Having   regard to the previous cases concerning disappearances in Chechnya which   have come before it (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia,  no.\u00a069480\/01, ECHR 2006-&#8230; (extracts); Baysayeva v.\u00a0Russia, no. 74237\/01, 5  April 2007; Akhmadova and Sadulayeva, cited  above; and Alikhadzhiyeva v. Russia,  no.\u00a068007\/01, 5\u00a0July 2007), the Court  finds that in the context of the conflict in the Republic, when a person   is detained by unidentified servicemen without any subsequent  acknowledgment  of the detention, this can be regarded as life-threatening. The absence  of Sarali Seriyev or of any news of him for more than five years  supports  this assumption.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">86.\u00a0\u00a0Accordingly,   the Court finds that the evidence available permits it to establish  that Sarali Seriyev must be presumed dead following his unacknowledged  detention by State servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">III.\u00a0ALLEGED VIOLATION OF ARTICLE  2 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">87.\u00a0\u00a0The   applicants complained under Article 2 of the Convention that Bilkis  Askhabayeva and Sarali Seriyev had been deprived of their lives by  Russian  servicemen and that the domestic authorities had failed to carry out  an effective investigation of the incidents. Article 2 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0Everyone&#8217;s right to life shall be protected  by law. No one shall be deprived of his life intentionally save in the  execution of a sentence of a court following his conviction of a crime  for which this penalty is provided by law.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Deprivation of life shall not be regarded as  inflicted in contravention of this article when it results from the  use of force which is no more than absolutely necessary:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0in defence of any person from unlawful  violence;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0in order to effect a lawful arrest or to  prevent  the escape of a person lawfully detained;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0in action lawfully taken for the purpose of  quelling a riot or insurrection.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">88.\u00a0\u00a0The Government contended  that the domestic investigation had obtained no evidence to the effect  that Sarali Seriyev was dead or that any servicemen of the federal  law-enforcement  agencies had been involved in his kidnapping or alleged killing. The  Government claimed that the investigation into the kidnapping of Sarali  Seriyev met the Convention requirement of effectiveness, as all measures   available under national law were being taken to identify those  responsible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">89.\u00a0\u00a0The applicants argued that   Sarali Seriyev had been detained by State servicemen and should be  presumed  dead in the absence of any reliable news of him for more than five  years.  The applicants also argued that the investigation had not met the  effectiveness  and adequacy requirements, laid down by the Court&#8217;s case-law. The  applicants  pointed out that the district prosecutor&#8217;s office had not taken some  crucial investigative steps. The investigation into Sarali Seriyev&#8217;s  kidnapping had been opened a month after the events and then had been  suspended and resumed a number of times, thus delaying the taking of  the most basic steps, and that the relatives had not been properly  informed  of the most important investigative measures. The fact that the  investigation  had been pending for such a long period of time without producing any  known results was further proof of its ineffectiveness. They also  invited  the Court to draw conclusions from the Government&#8217;s unjustified failure  to submit the documents from the case file to them or to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0The alleged violation of the right to  life of Bilkis Askhabayeva and the alleged inadequacy of the  investigation  of her death<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">90.\u00a0\u00a0As   for the applicants&#8217; allegations concerning the responsibility of State  agents for the killing of Bilkis Askhabayeva, the Court observes that  the applicants neither challenged the investigators&#8217; decision that her  death was a result of an accident (see paragraph 10 above), nor their  subsequent decision to terminate the criminal case on the grounds of  lack of corpus delicti and the amnesty act  which applied to military  officers (see paragraph\u00a012 above). It should be further noted that the  applicants successfully brought civil proceedings against the military  unit responsible for her death (see paragraphs 18 and 19 above). The  Court finds that in bringing these civil proceedings for damages the  applicants have used the local remedies available and that in accepting  and receiving compensation the applicants have effectively renounced  further use of these remedies. They may no longer in these circumstances   claim to be victims of a violation of the Convention within the meaning  of Article 34 of the Convention (see Caraher v. UK (dec.), no. 24520\/94,  ECHR ).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">91.\u00a0\u00a0As   for the procedural limb of the applicants&#8217; complaint that the  investigation  into the circumstances of Bilkis Askhabayeva&#8217;s death was ineffective,  the Court observes that the first applicant was granted victim status  in the criminal case, which allowed him to participate in the  proceedings.  However, the applicant did not attempt to take any steps to appeal the  authorities&#8217; decision to terminate the criminal investigation (see  paragraphs  11 and 12 above). In these circumstances the Court notes that the  applicants  failed to exhaust domestic remedies available to them (see Yildiz v. Turkey (dec.), no.  34542\/03).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">92.\u00a0\u00a0The   Court concludes that the applicants&#8217; complaint under Article 2 of the  Convention in respect of the death of Bilkis Askhabayeva must therefore  be rejected as manifestly ill-founded, pursuant to Article 35 \u00a7\u00a7\u00a03\u00a0and  4 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0The alleged violation of the right to  life  of Sarali Seriyev and the alleged inadequacy of the investigation of  his disappearance<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">93.\u00a0\u00a0The   Court considers, in the light of the parties&#8217; submissions, that the  complaint raises serious issues of fact and law under the Convention,  the determination of which requires an examination of the merits.  Further,  the Court has already found that the Government&#8217;s objection concerning  the alleged non-exhaustion of domestic remedies should be joined to  the merits of the complaint (see paragraph 72 above). The complaint  under Article 2 of the Convention must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0The alleged violation of the right to  life  of Sarali Seriyev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">94.\u00a0The   Court has already found that the applicants&#8217; relative must be presumed  dead following unacknowledged detention by State servicemen. In the  absence of any justification put forward by the Government, the Court  finds that his death can be attributed to the State and that there has  been a violation of Article 2 in respect of Sarali Seriyev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0The alleged inadequacy of the  investigation  of the kidnapping<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">95.\u00a0\u00a0The   Court has on many occasions stated that the obligation to protect the  right to life under Article 2 of the Convention also requires by  implication  that there should be some form of effective official investigation when  individuals have been killed as a result of the use of force. It has  developed a number of guiding principles to be followed for an  investigation  to comply with the Convention&#8217;s requirements (for a summary of these  principles see Bazorkina, cited above, \u00a7\u00a7\u00a0117-119).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">96.\u00a0\u00a0In   the present case, the kidnapping of Sarali Seriyev was investigated.  The Court must assess whether that investigation met the requirements  of Article 2 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">97.\u00a0\u00a0The   Court notes at the outset that most of the documents from the  investigation  were not disclosed by the Government. It therefore has to assess the  effectiveness of the investigation on the basis of the few documents  submitted by the parties and the information about its progress  presented  by the Government.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">98.\u00a0\u00a0   The Court notes that the authorities were immediately made aware of  the kidnapping by the applicants&#8217; submissions. The investigation in  case no. 36076 was instituted on 2 July 2004, that is, a month after  Sarali Seriyev&#8217;s abduction. Such a postponement per se was liable to affect the  investigation of the kidnapping  in life-threatening circumstances, where crucial action has to be taken  in the first days after the event. It appears that after that a number  of essential steps were delayed or not taken at all. For instance, the  investigators did not question the Russian federal servicemen who had  been on duty at the checkpoints on the day of the abduction; they had  not questioned the applicants&#8217; neighbours apart from Mr V.S., who could  have also witnessed the abduction (for example, see paragraph 54 above)  and they had failed to question any of the local law-enforcement or  military officers about their possible involvement in the abduction.  It is obvious that these investigative measures, if they were to produce   any meaningful results, should have been taken immediately after the  crime was reported to the authorities, and as soon as the investigation  commenced. Such delays, for which there has been no explanation in the  instant case, not only demonstrate the authorities&#8217; failure to act of  their own motion but also constitute a breach of the obligation to  exercise  exemplary diligence and promptness in dealing with such a serious matter   (see \u00d6nery\u0131ld\u0131z v. Turkey [GC], no.  48939\/99, \u00a7 94, ECHR 2004-XII).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">99.\u00a0\u00a0The   Court also notes that even though the first applicant was granted victim   status in the investigation concerning his son&#8217;s abduction, he was only  informed of the suspension and resumption of the proceedings, and not  of any other significant developments. Accordingly, the investigators  failed to ensure that the investigation received the required level  of public scrutiny, or to safeguard the interests of the next of kin  in the proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">100.\u00a0\u00a0Finally,   the Court notes that the investigation was adjourned and resumed on  several occasions and that there were lengthy periods of inactivity  on the part of the district prosecutor&#8217;s office when no proceedings  were pending<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">101.\u00a0\u00a0The   Government argued that the applicants could have sought judicial review  of the decisions of the investigating authorities in the context of  the exhaustion of domestic remedies. The Court observes that the  applicants,  having no access to the case file and not being properly informed of  the progress of the investigation, could not have effectively challenged   acts or omissions of investigating authorities before a court.  Furthermore,  the Court emphasises in this respect that while the suspension or  reopening  of proceedings is not in itself a sign that the proceedings are  ineffective,  in the present case the decisions to adjourn were made without the  necessary  investigative steps being taken, which led to numerous periods of  inactivity  and thus unnecessary protraction. Moreover, owing to the time that had  elapsed since the events complained of, certain investigative\u00a0measures  that ought to have been carried out much earlier could no longer  usefully  be conducted. Therefore, it is highly doubtful that the remedy relied  on would have had any prospects of success. Accordingly, the Court finds   that the remedy cited by the Government was ineffective in the  circumstances  and dismisses their preliminary objection as regards the applicants&#8217;  failure to exhaust domestic remedies within the context of the criminal  investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">102.\u00a0\u00a0In   the light of the foregoing, the Court holds that the authorities failed  to carry out an effective criminal investigation into the circumstances  surrounding the disappearance of Sarali Seriyev, in breach of Article\u00a02  in its procedural aspect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">IV.\u00a0ALLEGED VIOLATION OF ARTICLE  3 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">103.\u00a0\u00a0The   applicants relied on Article 3 of the Convention, submitting that as  a result of the death of Bilkis Askhabayeva and Sarali Seriyev&#8217;s  disappearance  and the State&#8217;s failure to investigate these incidents properly they  had endured mental suffering in breach of Article 3 of the Convention.  Article 3 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cNo one shall be subjected to torture or to  inhuman or degrading treatment or punishment.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">104.\u00a0\u00a0The Government disagreed  with these allegations and argued that the investigation had not  established  that the applicants had been subjected to inhuman or degrading treatment   prohibited by Article 3 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">105.\u00a0\u00a0The   applicants maintained their submissions.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">a. The applicants&#8217; complaint in respect of  Bilkis Askhabayeva<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">106.\u00a0\u00a0Firstly,   the Court notes that this complaint does not raise a separate issue  as the Court has consistently refused to extend the application of  Article  3 to the relatives of persons who have been killed by the authorities  in violation of Article 2, as opposed to the relatives of the victims  of forced disappearances (see Yasin Ate\u015f v. Turkey, no. 30949\/96,  \u00a7\u00a0135, 31 May 2005). Secondly,  it should be noted that the applicants had already been awarded  non-pecuniary  damages by domestic courts for the mental and emotional suffering they  endured in connection with the death of Bilkis Askhabayeva (see  paragraphs  18 and 19 above). In these circumstances, the Court concludes that the  applicants&#8217; complaint under Article 3 of the Convention in respect of  the death of Bilkis Askhabayeva must be rejected as manifestly  ill-founded  pursuant to Article 35 \u00a7\u00a7 3 and 4 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">b. The applicants&#8217; complaint in respect of  Sarali Seriyev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">107.\u00a0\u00a0The   Court notes that this complaint under Article 3 of the Convention is  not manifestly ill-founded within the meaning of Article 35 \u00a7\u00a03 of the  Convention. It further notes that it is not inadmissible on any other  grounds. It must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">108.\u00a0\u00a0The   Court has found on many occasions that in a situation of forced  disappearance  close relatives of the victim may themselves be victims of treatment  in violation of Article 3. The essence of such a violation does not  mainly lie in the fact of the \u201cdisappearance\u201d of the family member  but rather concerns the authorities&#8217; reactions and attitudes to the  situation when it is brought to their attention (<a name=\"01000002\"><\/a>see  <a name=\"01000003\"><\/a>Orhan v. Turkey, no.\u00a025656\/94,  \u00a7\u00a0358, 18\u00a0June 2002, and Imakayeva, cited above, \u00a7\u00a0164).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">109.\u00a0\u00a0In   the present case the Court notes that the applicants are close relatives   of the disappeared person, who witnessed his abduction and were involved   in searching for him. For several years they have not had any news of  the missing man. During this period the applicants have made enquiries  of various official bodies, both in writing and in person, about their  missing relative. Despite their attempts, the applicants have never  received any plausible explanation or information about what became  of Sarali Seriyev following his detention. The responses they received  mostly denied State responsibility for their relative&#8217;s arrest or simply   informed them that the investigation was ongoing. The Court&#8217;s findings  under the procedural aspect of Article 2 are also of direct relevance  here.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">110.\u00a0\u00a0The   Court therefore concludes that there has been a violation of Article  3 of the Convention in respect of the applicants.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">V.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 5  OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">111.\u00a0\u00a0The   applicants further stated that Sarali Seriyev had been detained in  violation  of the guarantees contained in Article 5 of the Convention, which reads,   in so far as relevant:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0Everyone has the right to liberty and  security  of person. No one shall be deprived of his liberty save in the following   cases and in accordance with a procedure prescribed by law:&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0the lawful arrest or detention of a person  effected for the purpose of bringing him before the competent legal  authority on reasonable suspicion of having committed an offence or  when it is reasonably considered necessary to prevent his committing  an offence or fleeing after having done so;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Everyone who is arrested shall be informed  promptly, in a language which he understands, of the reasons for his  arrest and of any charge against him.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Everyone arrested or detained in accordance  with the provisions of paragraph\u00a01\u00a0(c) of this Article shall be brought  promptly before a judge or other officer authorised by law to exercise  judicial power and shall be entitled to trial within a reasonable time  or to release pending trial. Release may be conditioned by guarantees  to appear for trial.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Everyone who is deprived of his liberty by  arrest or detention shall be entitled to take proceedings by which the  lawfulness of his detention shall be decided speedily by a court and  his release ordered if the detention is not lawful.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0Everyone who has been the victim of arrest  or detention in contravention of the provisions of this Article shall  have an enforceable right to compensation.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">112.\u00a0\u00a0The Government asserted  that no evidence had been obtained by the investigators to confirm that  Sarali Seriyev had been deprived of his liberty. He was not listed among   the persons kept in detention centres and none of the regional  law-enforcement  agencies had information about his detention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">113.\u00a0\u00a0The applicants reiterated   the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">114.\u00a0\u00a0The Court notes that this complaint is not manifestly ill-founded  within the meaning of Article 35 \u00a7 3 of the Convention. It further  notes that the complaint is not inadmissible on any other grounds and  must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">115.\u00a0\u00a0The   Court has previously noted the fundamental importance of the guarantees  contained in Article 5 to secure the right of individuals in a democracy   to be free from arbitrary detention. It has also stated that  unacknowledged  detention is a complete negation of these guarantees and discloses a  very grave violation of Article 5 (see \u00c7i\u00e7ek v. Turkey, no.\u00a025704\/94,  \u00a7\u00a0164, 27 February 2001, and Luluyev, cited above, \u00a7\u00a0122).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">116.\u00a0\u00a0The   Court has found that Sarali Seriyev was abducted by State servicemen  on 1 June 2004 and has not been seen since. His detention was not  acknowledged,  was not logged in any custody records and there exists no official trace   of his subsequent whereabouts or fate. In accordance with the Court&#8217;s  practice, this in itself must be considered a most serious failing,  since it enables those responsible for an act of deprivation of liberty  to conceal their involvement in a crime, to cover their tracks and to  escape accountability for the fate of a detainee. Furthermore, the  absence  of detention records noting such matters as the date, time and location  of detention and the name of the detainee, as well as the reasons for  the detention and the name of the person effecting it, must be seen  as incompatible with the very purpose of Article 5 of the Convention  (see <a name=\"01000004\"><\/a>Orhan,  cited above, \u00a7\u00a0371).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">117.\u00a0\u00a0The   Court further considers that the authorities should have been more alert   to the need for a thorough and prompt investigation of the applicants&#8217;  complaints that their relative had been detained and taken away in  life-threatening  circumstances. However, the Court&#8217;s findings above in relation to  Article  2 and, in particular, the conduct of the investigation, leave no doubt  that the authorities failed to take prompt and effective measures to  safeguard him against the risk of disappearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">118.\u00a0\u00a0In view of the foregoing, the  Court  finds that Sarali Seriyev was held in unacknowledged detention without  any of the safeguards contained in Article 5. This constitutes a  particularly  grave violation of the right to liberty and security enshrined in  Article  5 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VI.\u00a0ALLEGED VIOLATION OF ARTICLE  6 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">119.\u00a0\u00a0In   their initial submission the applicants complained that the proceedings  related to compensation of damages caused by the death of Bilkis  Askhabayeva  were unfair. They relied on Article 6\u00a0\u00a7\u00a01 of the Convention, which, in  so far as relevant, reads as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c\u201dIn  the determination of his civil rights  and obligations &#8230;, everyone is entitled to a fair &#8230; hearing &#8230;  by [a] &#8230; tribunal&#8230; \u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">120.\u00a0\u00a0In   their observations on the admissibility and merits of the application  the applicants stated that they no longer wished to maintain this  complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">121.\u00a0\u00a0The   Court finds that the applicants do not intend to pursue this part of  the appl<a name=\"01000005\"><\/a>ication, within the meaning of Article 37  \u00a7  1 (a). The Court also finds no reasons of a gGeneral character,  affecting respect for human  rights as defined in the Convention, which require the further  examination  of the present complaints by virtue of Article 37 \u00a7 1 of the Convention in   fine (see, for example, Chojak v.Poland,  no. 32220\/96, Commission decision  of 23\u00a0April 1998; Singh and Others v.\u00a0the United Kingdom  (dec.),  no.\u00a030024\/96, 26 September 2000; and Stamatios Karagiannis  v. Greece, no.\u00a027806\/02,  \u00a7\u00a028, 10\u00a0February 2005) .).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">122.\u00a0\u00a0It follows that this part of the  application must be struck out in accordance with Article 37 \u00a7 1 (a)  of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VII.\u00a0ALLEGED VIOLATION OF ARTICLE  13 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">123.\u00a0\u00a0The   applicants complained that they had been deprived of effective remedies  in respect of the aforementioned violations, contrary to Article 13  of the Convention, which provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cEveryone whose rights and freedoms as set  forth in [the] Convention are violated shall have an effective remedy  before a national authority notwithstanding that the violation has been  committed by persons acting in an official capacity.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">124.\u00a0\u00a0The Government contended  that the applicants had had effective remedies at their disposal as  required by Article 13 of the Convention and that the authorities had  not prevented them from using them. The applicants had had an  opportunity  to challenge the acts or omissions of the investigating authorities  in court. The Government also stated that participants in criminal  proceedings  could also claim damages in civil proceedings. They further pointed  out that the applicants had successfully applied to domestic courts  for compensation for damage caused by the death of Bilkis Askhabayeva.  In sum, the Government submitted that there had been no violation of  Article 13.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">125.\u00a0\u00a0The applicants reiterated   the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">a. The applicants&#8217; complaint in respect of  the death of Bilkis Askhabayeva<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">126.\u00a0\u00a0In   so far as the complaint\u00a0under Article 13 concerns the existence of a  domestic remedy in respect of the applicants&#8217; complaints under Articles  2 and 3 raised in connection with the death of Bilkis Askhabayeva,\u00a0the  Court notes that these complaints were found inadmissible in  paragraphs\u00a092  and 106 above. Accordingly, the applicants did not have an \u201carguable  claim\u201d of a violation of a substantive Convention provision and,  therefore,  Article 13 of the Convention is inapplicable. It follows that this part  of the application should be rejected in accordance with Article 35  \u00a7\u00a7 3 and 4 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">b. The applicants&#8217; complaint in respect of  the abduction of Sarali Seriyev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">127.\u00a0\u00a0As   for the applicants&#8217; complaint concerning the lack of effective remedies  in respect of the disappearance of Sarali Seriyev, the Court notes that  this complaint is not manifestly ill-founded within the meaning of  Article  35 \u00a7 3 of the Convention. It further notes that it is not inadmissible  on any other grounds. It must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">128.\u00a0\u00a0The   Court reiterates that in circumstances where, as here, a criminal  investigation  into the disappearance has been ineffective and the effectiveness of  any other remedy that might have existed, including civil remedies  suggested  by the Government, has consequently been undermined, the State has  failed  in its obligation under Article\u00a013 of the Convention (see Khashiyev and Akayeva, cited above,  \u00a7\u00a0183).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">129.\u00a0\u00a0Consequently,   there has been a violation of Article 13 in conjunction with Article  2 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">130.\u00a0\u00a0As   regards the applicants&#8217; reference to Articles 3 and 5 of the Convention,   the Court considers that in the  circumstances  no separate issue arises in respect of Article 13, read in conjunction  with Articles 3 and 5 of the Convention (see Kukayev v. Russia, no.\u00a029361\/02,  \u00a7\u00a0119, 15\u00a0November 2007, and Aziyevy v. Russia, no. 77626\/01,  \u00a7\u00a0118, 20\u00a0March 2008).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VIII.\u00a0APPLICATION  OF ARTICLE 41 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">131.\u00a0\u00a0Article   41 of the Convention provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cIf the Court finds that there has been a  violation  of the Convention or the Protocols thereto, and if the internal law  of the High Contracting Party concerned allows only partial reparation  to be made, the Court shall, if necessary, afford just satisfaction  to the injured party.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">132.\u00a0\u00a0The   applicants did not submit any claims in respect of pecuniary damage.  As regards non-pecuniary damage, the applicants claimed 100,000\u00a0euros  (EUR) jointly in respect of non-pecuniary damage for the suffering they  had endured as a result of the loss of their family members Bilkis  Askhabayeva  and Sarali Seriyev, the indifference shown by the authorities towards  them and the failure to provide any information about the fate of Sarali   Seriyev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">133.\u00a0\u00a0The   Government found the amounts claimed exaggerated.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">134.\u00a0\u00a0The   Court notes that it has found inadmissible the applicants&#8217; complaints  concerning the death of Bilkis Askhabayeva and that in respect of their  complaints concerning Sarali Seriyev a violation of Articles 2, 5 and\u00a013   of the Convention was established. The applicants themselves have been  found to have been victims of a violation of Article 3 of the Convention   in connection with their relative&#8217;s disappearance. The Court thus  accepts  that they have suffered non-pecuniary damage which cannot be compensated   for solely by the findings of violations. It awards the applicants  jointly  EUR\u00a060,000 plus any tax that may be chargeable thereon.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0Costs and expenses<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">135.\u00a0\u00a0The   applicants were represented by the SRJI. They submitted an itemised  schedule of costs and expenses that included research and interviews  in Ingushetia and Moscow, at a rate of EUR 50 per hour, and the drafting   of legal documents submitted to the Court and the domestic authorities,  at a rate of EUR 50 per hour for SRJI lawyers and EUR 150 per hour for  SRJI senior staff and experts. The aggregate claim in respect of costs  and expenses related to the applicants&#8217; legal representation amounted  to EUR 9,450.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">136.\u00a0\u00a0The   Government did not dispute the reasonableness and justification for  the amounts claimed under this head.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">137.\u00a0\u00a0The   Court has to establish first whether the costs and expenses indicated  by the applicants&#8217; representatives were actually incurred and, second,  whether they were necessary (see McCann and Others v.  the United Kingdom, 27  September 1995, \u00a7 220, Series A no. 324).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">138.\u00a0\u00a0Having   regard to the details of the information and legal representation  contract  submitted by the applicants, the Court is satisfied that these rates  are reasonable and reflect the expenses actually incurred by the  applicants&#8217;  representatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">139.\u00a0\u00a0As   to,   whether the costs and expenses incurred were necessary, the Court notes  that this case was rather complex and required a certain amount of  research  and preparation. It notes at the same time that, due to the application  of Article 29 \u00a7 3 in the present case, the applicants&#8217; representatives  submitted their observations on the admissibility and merits in one  set of documents. The Court thus doubts that legal drafting was  necessarily  time-consuming to the extent claimed by the representatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">140.\u00a0\u00a0Having   regard to the details of the claims submitted by the applicants, the  Court awards them EUR\u00a06,500 together with any value-added tax that may  be chargeable to the applicants, the net award to be paid into the  representatives&#8217;  bank <a name=\"01000006\"><\/a>account in the Netherlands, as identified by  the  applicants.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0\u00a0Default interest<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">141.\u00a0\u00a0The   Court considers it appropriate that the default interest should be based   on the marginal lending rate of the European Central Bank, to which  should be added three percentage points.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">FOR THESE REASONS, THE COURT UNANIMOUSLY<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Decides to strike the application  out of its list of cases  in accordance with Article 37 \u00a7 1 (a) of the Convention in so far as  it concerns the applicants&#8217; complaint under Article 6 of the Convention;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Decides to  join to the merits the Government&#8217;s objection as  to non-exhaustion of domestic remedies and rejects it;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Declares  the complaints under Articles 2, 3 5 and 13 of the  Convention lodged in respect of Sarali Seriyev&#8217;s disappearance  admissible  and remainder of the application inadmissible;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Holds that  there has been a substantive violation  of Article\u00a02 of the Convention in respect of Sarali Seriyev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0Holds that  there has been a violation of Article\u00a02  of the Convention in respect of the failure to conduct an effective  investigation into the circumstances in which Sarali Seriyev  disappeared;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0Holds that  there has been a violation of Article\u00a03  of the Convention in respect of the applicants;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0Holds  that there has been a violation of Article\u00a05 of the Convention  in respect of Sarali Seriyev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0Holds that  there has been a violation of Article\u00a013 of the Convention  in conjunction with Article 2 of the Convention;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0Holds that  no separate issues arise under Article 13 of the  Convention in respect of the alleged violations of Articles 3 and 5;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0Holds<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0that the respondent State is to pay,  within three months from the date on which the judgment becomes final  in accordance with Article\u00a044\u00a0\u00a7\u00a02 of the Convention, the following  amounts,  to be converted into Russian roubles at the date of settlement, save  in the case of the payment in respect of costs and expenses:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(i)\u00a0\u00a0EUR\u00a060,000 (sixty thousand euros),  plus  any tax that may be chargeable, in respect of non-pecuniary damage to  the applicants jointly;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(ii)\u00a0\u00a0EUR\u00a06,500 (six thousand five hundred  euros), plus any tax that may be chargeable to the applicants, in  respect  of costs and expenses, to be paid into the representatives&#8217; bank account   in the Netherlands;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0that from the expiry of the  above-mentioned  three months until settlement simple interest shall be payable on the  above amounts at a rate equal to the marginal lending rate of the  European  Central Bank during the default period plus three percentage points;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">11.\u00a0\u00a0Dismisses  the remainder of the applicants&#8217; claim for just satisfaction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Done in English, and notified in writing   on 8 April 2010, pursuant to Rule 77 \u00a7\u00a7 2 and 3 of the Rules of Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">S\u00f8ren  Nielsen\u00a0Christos  Rozakis<br \/>\nRegistrar\u00a0President<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>****<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>CASE OF TASATAYEVY  v. RUSSIA<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>(Application no.  37541\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">JUDGMENT<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">STRASBOURG<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>8 April 2010<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">This judgment will become  final in the circumstances  set out in Article\u00a044 \u00a7\u00a02 of the Convention. It may be subject to  editorial  revision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>In the case of Tasatayevy v. Russia,<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The   European Court of Human Rights (First Section), sitting as a Chamber  composed of:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Christos  Rozakis, President,<br \/>\nAnatoly Kovler,<br \/>\nElisabeth Steiner,<br \/>\nDean Spielmann,<br \/>\nSverre Erik Jebens,<br \/>\nGiorgio Malinverni,<br \/>\nGeorge Nicolaou, judges,<br \/>\nand S\u00f8ren  Nielsen, Section Registrar,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Having   deliberated in private on 18 March 2010,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Delivers   the following judgment, which was adopted on that date:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">PROCEDURE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The   case originated in an application (no. 37541\/05) against the Russian  Federation lodged with the Court under Article 34 of the Convention  for the Protection of Human Rights and Fundamental Freedoms (\u201cthe  Convention\u201d) by two Russian nationals, Ms Khadishat Tasatayeva and  Ms Amena (also spelled Amina) Tasatayeva (\u201cthe applicants\u201d), on  11\u00a0August 2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The   applicants were represented by Mr D. Itslayev, a lawyer practising in  Nazran, Russia. The Russian Government (\u201cthe Government\u201d) were  represented  by Mr G. Matyushkin, Representative of the Russian Federation at the  European Court of Human Rights.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0On   5 May 2008 the Court decided to apply Rule\u00a041 of the Rules of Court and  to grant priority treatment to the application and to give notice of  the application to the Government. Under the provisions of Article 29  \u00a7 3 of the Convention, it decided to examine the merits of the  application  at the same time as its admissibility.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0The   Government objected to the joint examination of the admissibility and  merits of the application. Having considered the Government&#8217;s objection,   the Court dismissed it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0The   applicants were born in 1950 and 1949 respectively. They live in  Urus-Martan,  Chechnya. The applicants are sisters-in-law; they are married to two  brothers. The first applicant is the mother of Aslan Tasatayev, who  was born in 1975, and the second applicant is the mother of Aslanbek  Tasatayev, who was born in 1979. Aslan Tasatayev and Aslanbek Tasatayev  are cousins.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The abduction of Aslan Tasatayev and  Aslanbek  Tasatayev and the subsequent events<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The applicants&#8217; account<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">a. The abduction of the applicants&#8217; relatives<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0At   the material time the applicants, their sons Aslan and Aslanbek  Tasatayev  and other relatives lived in a household situated at 5 Shvernika Street,   Urus-Martan, Chechnya. At some point later the number of the house was  changed to 7 Shvernika Street. The applicants&#8217; household consisted of  several dwellings occupied by eight related families and was located  in the town centre, in the vicinity of the local law enforcement  agencies.  At the time the town of Urus-Martan was under curfew. Military  checkpoints  were situated on the roads leading to and from the town. In addition,  two watch posts set up by local residents were situated in the vicinity  of the applicants&#8217; household. One of the posts was a hundred metres  from the applicants&#8217; household; the other one was sixty or seventy  metres  from it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0On   the night of 31 May to 1 June 2001 (in the submitted documents the date  is also referred to as 31 May and 1 June 2001) the applicants, their  sons and other relatives were at home. At about 3 a.m. a group of  twenty-five  to thirty armed men arrived at their household. They were wearing black  masks, were equipped with a portable radio station and had a grey  sniffer  dog. Some of the men were armed with sniper rifles with telescopic  sights.  When the men spoke to each other, they did so in unaccented Russian;  they mainly communicated by gesturing and behaved like an organised  group with a chain of command. The intruders neither identified  themselves  nor produced any documents. The applicants and their relatives thought  they were Russian military servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0The   servicemen split into several groups and went into the different  dwellings  through the windows. They searched the houses and demanded and checked  identity documents.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0In   the first applicant&#8217;s house one of the men demanded in unaccented  Russian  that the first applicant hand over her husband&#8217;s passport for checking;  after that he took the document and went outside, ordering everyone  to stay inside and threatening to shoot if anyone disobeyed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0The   first applicant managed to go onto the porch. In the yard she saw around   twenty-five to thirty servicemen who were accompanied by a sniffer dog.  At the gates the applicant saw Aslanbek Tasatayev standing with his  hands up against the wall. Meanwhile the officers took Aslan Tasatayev  out of the house where he lived with his family. The servicemen refused  to answer the applicants&#8217; questions about the reasons for their sons&#8217;  abduction and referred to an order of their superiors. One of them,  who was unmasked and of Slavic appearance, told the second applicant  that her son was being arrested \u201cby order\u201d and that Aslan and Aslanbek  Tasatayev would be home by the next morning.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">11.\u00a0\u00a0In   the yard one of the officers called someone on his portable radio and  requested a car. About ten minutes later a grey UAZ minivan (&#8216;tabletka&#8217;) arrived at the gate. Its  back windows were covered  with plywood instead of glass. Aslan and Aslanbek Tasatayev were placed  in the vehicle and taken in the direction of the town centre. The rest  of the servicemen followed the car on foot; the group went in the  direction  of the Urus-Martan district military commander&#8217;s office (\u201cthe district  military commander&#8217;s office\u201d). According to local residents, the UAZ  car with the applicants&#8217; sons in it drove into the yard of the district  military commander&#8217;s office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">b. The subsequent events<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">12.\u00a0\u00a0In   the morning, immediately after the end of the curfew, the first  applicant  went with her neighbour Ms L. to the local law-enforcement agencies  to find out where Aslan and Aslanbek Tasatayev had been taken. On the  way there the women spoke with the men who had stood watch at the guard  post located towards the town centre. According to the men, on the night   of the abduction the grey UAZ (&#8216;tabletka&#8217;) vehicle with the abducted  men in it had driven towards  the town centre. They also confirmed that those of the servicemen who  had left the applicants&#8217; house on foot had also gone in the direction  of the town centre.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">13.\u00a0\u00a0After   that the applicants and their relatives went to the district military  commander&#8217;s office and the Urus-Martan temporary district department  of the interior (the Urus-Martan VOVD) and asked about the whereabouts  of the abducted men. The agencies denied any involvement in the  abduction.  After that the applicants with their relatives lodged written complaints   about the abduction of Aslan and Aslanbek Tasatayev to the Urus-Martan  district prosecutor&#8217;s office (\u201cthe district prosecutor&#8217;s office\u201d)  and the Urus-Martan district department of the interior (the Urus-Martan   ROVD).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">14.\u00a0\u00a0On   the same morning the applicants and their relatives learnt from their  neighbours that on the night of the abduction groups of military  servicemen  had also broken into the houses of their neighbours, the families of  Kh. and G. In one of the houses, one of the intruders had taken off  his mask; he was of Slavic appearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">15.\u00a0\u00a0Later   in the morning the applicants and their relatives spoke with the local  residents who had manned the residential guard posts the night before.  According to the applicants&#8217; neighbours, Mr R.D. and Mr I., who had  stood watch at the mosque, on the night of the abduction a group of  military servicemen had arrived there and ordered them to stay inside  the mosque, threatening to shoot if they went outside. At the other  post one of the applicants&#8217; neighbours, Mr U.M., who had been on duty  during the abduction, told the applicants that the night before a group  of military servicemen had arrived at the post, pulled his and other  men&#8217;s hats down over their faces and ordered everyone to get down on  the ground and not to move. After that the military servicemen had gone  away, leaving one soldier to guard the watchmen. According to Mr U.M.,  he had seen the abductors&#8217; UAZ car driving in the direction of the town  centre.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">16.\u00a0\u00a0On   the same day, 1 June 2001, during their visit to the military  commander&#8217;s  office, the second applicant and her son Mr A.T. saw the sniffer dog  used by the abductors there.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">17.\u00a0\u00a0About   two or three days after the abduction the applicants spoke with the  head of the Urus-Martan town administration, Mr S.G., who informed them  that Aslan and Aslanbek Tasatayev were detained in the military  commander&#8217;s  office and that he would try to expedite their release. However, a  couple  of days later the official told the applicants that he had been  mistaken.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">18.\u00a0\u00a0The   applicants have had no news of Aslan and Aslanbek Tasatayev since the  night of the abduction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">19.\u00a0\u00a0In   support of their statements the applicants submitted: a statement by  the first applicant dated 8 September 2008; a statement by the second  applicant dated 9 September 2008; a statement by the applicants&#8217;  relative  Mr A.T. dated 9 September 2008; a statement by the applicants&#8217; relative  Ms\u00a0Z.M. dated 2 September 2008; a statement by the applicants&#8217; neighbour   Ms M.G. dated 19 September 2008; a statement by the applicants&#8217;  neighbour  Ms M. Kh. dated 19 September 2008 and copies of documents received from  the authorities.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">20.\u00a0\u00a0The   Government did not challenge most of the facts as presented by the  applicants.  According to their submission of 22 August 2008 \u201c&#8230;the interim  prosecutor  of the Urus-Martan district opened criminal case no.\u00a025088 in connection   with the abduction of Aslan and Aslanbek Tasatayev by unidentified men  &#8230;\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The search for Aslan and Aslanbek  Tasatayev  and the investigation<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Information submitted by the  applicants<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">21.\u00a0\u00a0On   1 or 2 June 2001 the district police officer M.M. visited the  applicants&#8217;  household with two colleagues. They questioned some of their relatives  and a neighbour. The officials did not conduct a crime scene examination   during the visit.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">22.\u00a0\u00a0On   8 July 2001 the district prosecutor&#8217;s office instituted an investigation   into the abduction of Aslan and Aslanbek Tasatayev under Article 126  \u00a7\u00a02 of the Criminal Code (aggravated kidnapping). The case file was  given number 25088. The applicants were informed about it in writing  by the Chechnya prosecutor&#8217;s office on 20 December 2002.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">23.\u00a0\u00a0On   8 September 2001 the investigation in criminal case no.\u00a025088 was  suspended  for failure to establish the identities of the perpetrators. The  applicants  were not informed about this decision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">24.\u00a0\u00a0On   10 October, 9 December 2002 and 20 January 2003 the applicants wrote  to a number of the State authorities, including the district military  commander, the Chechnya military commander, the Chechnya prosecutor&#8217;s  office, the district prosecutor&#8217;s office and the Urus-Martan ROVD. They  stated that their sons had been abducted by a group of twenty-five to  thirty masked military servicemen, who had communicated with each other  by gesturing and acted as a group with chain of command; that the  servicemen  had refused to explain the reasons for the arrest of the applicants&#8217;  sons and promised to release them on the following morning. According  to the applicants, this evidence indicated that their sons had been  abducted by servicemen of Russian security services. The applicants  further stated that their complaints to various State bodies had failed  to produce any results and requested assistance in the search for their  abducted sons.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">25.\u00a0\u00a0On   20 December 2002 the Chechnya prosecutor&#8217;s office informed the  applicants  that the criminal investigation had been suspended on 8\u00a0September 2001  for failure to establish the identity of the perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">26.\u00a0\u00a0On   19 April 2003 the second applicant was granted victim status in the  criminal case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">27.\u00a0\u00a0On   7 May 2003 the Chief Military Prosecutor&#8217;s office forwarded the  applicants&#8217;  complaint about the abduction of their sons by Russian servicemen to  the military prosecutor&#8217;s office of the United Group Alignment (the  military prosecutor&#8217;s office of the UGA) for examination.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">28.\u00a0\u00a0On   9 April 2003 the investigators suspended the investigation in the  criminal  case for failure to establish the identities of the perpetrators. The  applicants were informed about this decision on 9 May 2003.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">29.\u00a0\u00a0On   12 May 2003 the department of the Prosecutor General&#8217;s office in the  Southern Federal Circuit informed the applicants that their complaint,  that the investigation in the criminal case had been ineffective, had  been forwarded to the Chechnya prosecutor&#8217;s office for examination.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">30.\u00a0\u00a0On   24 June 2003 the Chechnya prosecutor&#8217;s office informed the applicants  that they had examined their complaints about the abduction of Aslan  and Aslanbek Tasatayev. The letter stated that on 8 September 2001 the  investigation in the criminal case had been suspended; that on two  occasions,  that is on 9 April and on 21 June 2003, the decisions to suspend the  investigation had been overruled by the acting district prosecutor due  to the incompleteness of the investigation. The letter further stated  that on an unspecified date the investigation had been resumed and that  measures aimed at identifying the perpetrators were under way.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">31.\u00a0\u00a0On   11 July 2003 the military prosecutor&#8217;s office of the UGA forwarded the  applicants&#8217; complaint about the abduction of their sons to the military  prosecutor&#8217;s office of military unit no.\u00a020102 for examination; the  latter  was to look into possible involvement of Russian military servicemen  in the abduction of Aslan and Aslanbek Tasatayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">32.\u00a0\u00a0On   23 July 2003 the investigators again suspended the investigation in  the criminal case for failure to establish the identities of the  perpetrators.  The applicants were not informed about this decision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">33.\u00a0\u00a0On   4 September 2003 the military prosecutor&#8217;s office of military unit  no.\u00a020102  informed the applicants that the examination of their complaint had  established that on 31 May 2001 during special operations conducted  in the Urus-Martan district Aslan and Aslanbek Tasatayev had not been  abducted by Russian military servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">34.\u00a0\u00a0On   3 March 2005 the applicants wrote to the district prosecutor&#8217;s office  describing the circumstances of their sons&#8217; abduction and pointing out  that there was evidence of the involvement of Russian military forces  in the incident. The applicants also complained that the investigation  in the criminal case was ineffective and that there was no information  about it, and requested access to the investigation file.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">35.\u00a0\u00a0On   11 March 2005 the district prosecutor&#8217;s office informed the applicants  that their complaint of 3 March 2005 had been rejected.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">36.\u00a0\u00a0On   14 March 2005 the investigators resumed the investigation in the  criminal  case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">37.\u00a0\u00a0On   14 April 2005 the investigators suspended the investigation in the  criminal  case for failure to establish the identities of the perpetrators. The  applicants were not informed about this decision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Information submitted by the  Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">38.\u00a0\u00a0Without providing copies  of any relevant documents and dates of the investigating measures, the  Government summarised the progress of the investigation in the criminal  case as follows.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">39.\u00a0\u00a0On unspecified dates the  investigators requested information about the abducted men from various  authorities, including law-enforcement agencies, the military  commanders&#8217;  offices and medical institutions. No information of interest was  received  in response to these requests. According to a letter from the  Urus-Martan  town administration, the disappeared Aslan and Aslanbek Tasatayev were  attested positively by the local administration.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">40.\u00a0\u00a0On an unspecified date the   investigators conducted a scene of crime examination in the applicants&#8217;  household.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">41.\u00a0The investigators granted  three persons, including the second applicant, Ms T.D. and Ms A.U.  victim  status in the criminal case and questioned them about the circumstances  of the abduction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">42.\u00a0On an unspecified date the  investigators questioned the second applicant, who stated that on the  night between 31 May and 1 June 2001 she had been woken up by noise  in her house. She had got out of bed and seen four unidentified armed  masked men in camouflage uniforms without insignia in her room. Without  any explanation the men had taken her son Aslanbek Tasatayev&#8217;s passport.   In the yard she had seen a large group of masked armed men in camouflage   uniforms and Aslanbek and Aslan Tasatayev. She had not seen any vehicles   in the yard or next to the house in the street. The unidentified men  had taken away Aslan and Aslanbek Tasatayev. The men had told the  applicant  that her relatives would be released in the morning. However, Aslan  and Aslanbek never returned home. The applicant did not know who had  abducted her relatives and for what reasons. At some point later the  second applicant was additionally questioned by the investigators and  stated that her abducted relatives did not belong to any illegal armed  groups; that the abductors had broken into her house through one of  the windows; and that only one of them had exchanged words with her,  whereas the rest communicated between themselves and with her relatives  only by gestures.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">43.\u00a0On an unspecified date the  investigators questioned the applicants&#8217; relative Ms T.D., who stated  that on 1 June 2001 she had learnt from her parents about the abduction  of Aslan and Aslanbek Tasatayev by unidentified armed men in camouflage  uniforms and masks. According to Ms T.D. her parents had not seen any  vehicles in the applicants&#8217; yard or next to the house.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">44.\u00a0On an unspecified date the  investigators questioned the applicants&#8217; relative Ms A.U., who stated  that on the night of 1 June 2001 a group of unidentified armed men in  camouflage uniforms without insignia had taken away her husband Aslan  Tasatayev and her relative Aslanbek Tasatayev. The intruders also had  taken away Aslanbek Tasatayev&#8217;s passport. She had not seen any vehicles  in the yard or next to the house. She had no idea as to the reasons  for her relatives&#8217; abduction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">45.\u00a0\u00a0On unspecified dates the  investigators questioned Mr A.T. and the first applicant whose  statements  were similar to the one given by Ms A.U.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">46.\u00a0\u00a0At some point later the  investigators further questioned Ms A.T., who stated that the abductors  had broken into his house through a window, that they had spoken Russian   and that during the abduction he had been in his room.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">47.\u00a0\u00a0On 17 November 2005 the  applicants wrote to the Chechnya prosecutor&#8217;s office demanding that  an effective investigation of the abduction be conducted to establish  the whereabouts of their disappeared sons. According to the reply of  the Chechnya prosecutor&#8217;s office, the investigation in the criminal  case was under way and operational-search measures were being taken  to establish the identities of the perpetrators.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">48.\u00a0\u00a0According   to the Government, the investigation failed to establish the whereabouts   of Aslan and Aslanbek Tasatayev. However, it found no evidence to  support  the involvement of federal forces in the crime. The law enforcement  authorities of Chechnya had never arrested or detained Aslan and  Aslanbek  Tasatayev on criminal or administrative charges and had not carried  out a criminal investigation in their respect. No special operations  had been carried out in respect of the applicants&#8217; relatives. Their  corpses had not been found.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">49.\u00a0\u00a0The Government further  stated  that the applicants had been duly informed of all decisions taken during   the investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">50.\u00a0\u00a0Despite   specific requests by the Court the Government did not disclose any  documents  of criminal case no.\u00a025088. They stated that the investigation was in  progress and that disclosure of the documents would be in violation  of Article 161 of the Code of Criminal Procedure, since the file  contained  data concerning participants in the criminal proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0\u00a0Proceedings against law-enforcement  officials<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">51.\u00a0\u00a0In   March 2003 the applicants lodged a complaint with the Urus-Martan town  court (the town court) that the investigation in the criminal case was  ineffective. On 11 March 2003 the town court set aside their complaint  without examination due to the applicants&#8217; failure to comply with  compulsory  procedural requirements<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">52.\u00a0\u00a0On   3 April 2003 the applicants lodged another complaint with the town  court.  They complained that the investigation in the criminal case was  ineffective  and sought a ruling obliging the prosecutor&#8217;s office to conduct an  effective  investigation into the abduction of their sons. It is unclear whether  this complaint was examined by the court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">53.\u00a0\u00a0On   an unspecified date in 2004 the applicants lodged another complaint  with the town court. They complained that the investigation in the  criminal  case was ineffective and sought a ruling obliging the authorities to  resume the investigation in the criminal case and to conduct it in an  effective and thorough manner. On 29 March 2004 the town court rejected  their complaint. On an unspecified date in 2004 the applicants lodged  a request with the town court asking for reinstatement of the  time-limits  for the appeal against the decision of 29 March 2004. On 20 October  2004 the court rejected their request and refused to examine the appeal.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">54.\u00a0\u00a0On   an unspecified date in 2005 the applicants lodged another complaint  with the town court. They again complained that the investigation in  the criminal case was ineffective and sought a ruling obliging the  authorities  to conduct an effective investigation and provide them with access to  the investigation file.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">55.\u00a0\u00a0On   14 May 2005 the town court allowed this complaint in part. The text  of the decision included the following:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c&#8230;the court established:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">At about 3 a.m. on 31 May 2001 a group  of masked servicemen of the Urus-Martan power structures had broken into   the house at 5 Shernika Street in Urus-Martan and conducted an unlawful  search&#8230; among themselves the servicemen had spoken Russian. As a  result,  the military servicemen had arrested and taken away the applicants&#8217;  sons Aslan Tasatayev, who was born in 1975, and Aslanbek Tasatayev,  who was born in 1979&#8230;.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">On 8 September 2001 the investigation  in the criminal case had been suspended for failure to establish the  identities of the perpetrators. The whereabouts of the Tasatayevs had  not been established, even though their arrest had been carried out  by representatives of power structures. The following facts confirm  this:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8211;\u00a0\u00a0\u00a0\u00a0\u00a0 the arrest had been carried out by a group of about  thirty military  servicemen, during curfew&#8230; not far away from the town centre of  Urus-Martan,  in an open manner&#8230;;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8211;\u00a0\u00a0\u00a0\u00a0\u00a0 the military servicemen who had carried out the arrest&#8230;  were wearing  camouflage uniforms, were well-armed and spoke clear [unaccented]  Russian;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8211;\u00a0\u00a0\u00a0\u00a0\u00a0 a shepherd dog had been used during the arrest;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8211;\u00a0\u00a0\u00a0\u00a0\u00a0 the military servicemen had used a portable radio to call  for a  UAZ tabletka  car, which had arrived ten minutes later;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8211;\u00a0\u00a0\u00a0\u00a0\u00a0 the car had taken the arrested men to the town centre,  where the  VOVD, the ROVD and the FSB were situated;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8211;\u00a0\u00a0\u00a0\u00a0\u00a0 not far away from the Tasatayevs&#8217; house were two guard  posts set  up by local residents, who had been on duty that night. Before cordoning   off the Tasatayevs&#8217; household the military servicemen had gone to one  of the guard posts where two Chechens were on duty, pulled their hats  down over their faces and told them: \u201cYou did not see us. We did not  see you\u201d. At the other guard post, at the mosque, the federal servicemen   had locked the Chechen watchmen in the mosque. There are witnesses who  saw the car with the arrested men in it going into the yard of the  military  commander&#8217;s office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The above and other facts had not been  investigated by the prosecutor&#8217;s office &#8230;.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8230;.the investigator&#8217;s decision to  suspend  the investigation in the criminal case cannot be considered as lawful  and justified for the following reasons:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">the investigation failed to identify  and question those residents who had been on duty at the guard posts  &#8230; the investigation failed to establish the identity of the UAZ tabletka   vehicle used during the abduction &#8230;; the investigators failed to  identify  and question the witnesses who saw the car with the arrested men in  it driving into the yard of the military commander&#8217;s office&#8230; the  investigators  failed to question the supervisor from the military commander&#8217;s office  and the Urus-Martan temporary district department of the interior, who  had been on duty on the date of the abduction&#8230;\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The   court instructed the investigators to conduct an effective investigation   into the abduction and take all possible measures to solve the crime.  The remainder of the complaint was rejected. On 6 June 2005 the town  court upheld this decision on appeal.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0RELEVANT DOMESTIC LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">56.\u00a0\u00a0For   a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia  (no. 40464\/02, \u00a7\u00a7\u00a067-69,  10\u00a0May 2007).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE GOVERNMENT&#8217;S OBJECTION  REGARDING  NON-EXHAUSTION OF DOMESTIC REMEDIES<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">57.\u00a0\u00a0The   Government contended that the complaint should be declared inadmissible  for non-exhaustion of domestic remedies. They submitted that the  investigation  into the disappearance of Aslan and Aslanbek Tasatayev had not yet been  completed. They also argued that it had been open to the applicants  to pursue civil complaints but that they had failed to do so.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">58.\u00a0\u00a0The applicants  contested that objection. They stated that the only effective remedy  in their case, the criminal investigation, had proved to be ineffective  and that their complaints to that effect, including their applications  to the domestic court, had been futile.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">59.\u00a0\u00a0The   Court will examine the arguments of the parties in the light of the  provisions of the Convention and its relevant practice (for a relevant  summary, see Estamirov and Others v. Russia, no.  60272\/00, \u00a7\u00a7 73-74, 12\u00a0October  2006).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">60.\u00a0\u00a0   The Court notes that the Russian legal system provides, in principle,  two avenues of recourse for the victims of illegal and criminal acts  attributable to the State or its agents, namely civil and criminal  remedies.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">61.\u00a0\u00a0As   regards a civil action to obtain redress for damage sustained through  the alleged illegal acts or unlawful conduct of State agents, the Court  has already found in a number of similar cases that this procedure alone   cannot be regarded as an effective remedy in the context of claims  brought  under Article 2 of the Convention (see Khashiyev and Akayeva v.\u00a0Russia,  nos.\u00a057942\/00 and 57945\/00,  \u00a7\u00a7\u00a0119-121, 24 February 2005, and Estamirov and Others, cited above,  \u00a7\u00a077). In the light of the  above, the Court confirms that the applicants were not obliged to pursue   civil remedies. The Government&#8217;s objection in this regard is thus  dismissed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">62.\u00a0\u00a0As   regards criminal law remedies, the Court observes that the applicants  complained to the law enforcement authorities immediately after the  abduction of Aslan and Aslanbek Tasatayev and that an investigation  has been pending since 8 July 2001. The applicants and the Government  dispute the effectiveness of the investigation of the kidnapping.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">63.\u00a0\u00a0The   Court considers that the Government&#8217;s objection raises issues concerning   the effectiveness of the investigation which are closely linked to the  merits of the applicants&#8217; complaints. Thus, it decides to join this  objection to the merits of the case and considers that the issue falls  to be examined below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0THE COURT&#8217;S ASSESSMENT OF THE  EVIDENCE AND THE ESTABLISHMENT OF THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; arguments<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">64.\u00a0\u00a0The   applicants maintained that it was beyond reasonable doubt that the men  who had abducted Aslan and Aslanbek Tasatayev were State agents. In  support of their complaint they referred to the following: at the  material  time Urus-Martan was under the total control of federal troops. There  were Russian military checkpoints on the roads leading to and from the  town. The area was under curfew. The abductors arrived as a large group  late at night, which indicated that they had been able to circulate  freely past curfew. The men interacted by gesturing, had chain of  command  and acted in a manner similar to that of special forces carrying out  an identity check. They were wearing specific camouflage uniforms, were  well-armed, and had portable radios and a dog. The men had broken into  the applicants&#8217; houses and the houses of the applicants&#8217; neighbours  without fear of being heard by law enforcement agencies located in close   proximity to the houses. All the information disclosed from the criminal   investigation file supported their assertion as to the involvement of  State agents in the abduction. Since the applicants&#8217; sons had been  missing  for a very lengthy period, they could be presumed dead. That presumption   was further supported by the circumstances in which they had been  arrested,  which should be recognised as life-threatening.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">65.\u00a0\u00a0The   Government submitted that unidentified armed men had kidnapped Aslan  and Aslanbek Tasatayev. They further contended that the investigation  of the incident was pending, that there was no evidence that the men  were State agents and that there were therefore no grounds for holding  the State liable for the alleged violations of the applicants&#8217; rights.  They further argued that there was no convincing evidence that the  applicants&#8217;  relatives were dead. The Government raised a number of objections to  the applicants&#8217; presentation of facts. The fact that the perpetrators  of the abduction spoke unaccented Russian and were wearing camouflage  uniforms did not mean that these men could not have been members of  illegal armed groups. The Government further alleged that the  applicants&#8217;  description of the circumstances surrounding the abduction was  inconsistent.  In particular, the applicants had failed to inform the investigators  that the abductors had used the UAZ vehicle and a dog, whereas they  had submitted this information to the Court. In the Government&#8217;s opinion   these inconsistencies demonstrated that the applicants&#8217; allegations  were unsubstantiated. In this connection they referred to the alleged  discrepancies in the applicants&#8217; information provided to the Court and  the applicants&#8217; witness statements given to the domestic investigation;  however, the Government did not submit these witness statements to the  Court. The Government asserted that the crime could have been  attributable  to illegal armed groups. They pointed out that groups of mercenaries  of Slavic origin had committed crimes on the territory of the Chechen  Republic and emphasised that the fact that the perpetrators had Slavic  features and spoke Russian did not prove that they were attached to  the Russian military. They also observed that a considerable number  of armaments had been stolen from Russian arsenals by insurgents in  the 1990s and that members of illegal armed groups could have possessed  camouflage uniforms.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s evaluation of the facts<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">66.\u00a0\u00a0The   Court observes that in its extensive jurisprudence it has developed  a number of general principles relating to the establishment of facts  in dispute, in particular when faced with allegations of disappearance  under Article 2 of the Convention (for a summary of these, see Bazorkina v.\u00a0Russia, no.  69481\/01, \u00a7\u00a7\u00a0103-109, 27 July 2006). The Court also notes that the  conduct of the parties when evidence is being obtained has to be taken  into account (see Ireland  v. the United Kingdom, 18 January 1978, \u00a7\u00a0161,  Series A no.\u00a025).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">67.\u00a0\u00a0The   Court notes that despite its requests for a copy of the investigation  file into the abduction of Aslan and Aslanbek Tasatayev, the Government  produced none of the documents from the case file. The Government  referred  to Article 161 of the Code of Criminal Procedure. The Court observes  that in previous cases it has already found this explanation  insufficient  to justify the withholding of key information requested by the Court  (see Imakayeva v. Russia, no. 7615\/02, \u00a7  123, ECHR 2006-VIII (extracts)).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">68.\u00a0\u00a0In   view of this and bearing in mind the principles referred to above, the  Court finds that it can draw inferences from the Government&#8217;s conduct  in respect of the well-foundedness of the applicants&#8217; allegations. The  Court will thus proceed to examine crucial elements in the present case  that should be taken into account when deciding whether the applicants&#8217;  sons can be presumed dead and whether their deaths can be attributed  to the authorities.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">69.\u00a0\u00a0The   applicants alleged that the persons who had taken Aslan and Aslanbek  Tasatayev away on 31\u00a0May 2001 and then killed them had been State  agents.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">70.\u00a0\u00a0 The Government suggested  in their submissions that the abductors of Aslan and Aslanbek Tasatayev  may have been members of paramilitary groups. However, this allegation  was not specific and the Government did not submit any material to  support  it. The Court would stress in this regard that the evaluation of the  evidence and the establishment of the facts is a matter for the Court,  and it is incumbent on it to decide on the evidentiary value of the  documents submitted to it (see \u00c7elikbilek  v. Turkey, no.\u00a027693\/95, \u00a7\u00a071, 31\u00a0May 2005).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">71.\u00a0\u00a0The Court notes that the  applicants&#8217; allegation is supported by the witness statements collected  by the applicants and by the investigation. It finds that the fact that  a large group of armed men in uniforms was able to move freely through  military roadblocks during curfew hours and proceeded to check identity  documents in several households and then took the applicants&#8217; sons away  from their home strongly supports the applicants&#8217; allegation that these  were State servicemen conducting a security operation. In their  application  to the authorities the applicants consistently maintained that Aslan  and Aslanbek Tasatayev had been detained by unknown servicemen and  requested  the investigation to look into that possibility (see paragraphs 24,  27, 34 and 55 above).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">72.\u00a0 The Government questioned  the credibility of the applicants&#8217; statements in view of their alleged  failure to inform the domestic investigators about the UAZ vehicle and  the dog used by the abductors. However, as it can be seen from the town  court&#8217;s decision (see paragraph 55 above), the applicants did inform  the investigators about these elements. The Court further notes in this  respect that no other elements underlying the applicants&#8217; submissions  of facts have been disputed by the Government.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">73.\u00a0\u00a0The   Court observes that where the applicants make out a prima facie case and the Court is prevented  from reaching factual conclusions  owing to a lack of relevant documents, it is for the Government to argue   conclusively why the documents in question cannot serve to corroborate  the allegations made by the applicants, or to provide a satisfactory  and convincing explanation of how the events in question occurred. The  burden of proof is thus shifted to the Government and if they fail in  their arguments, issues will arise under Article 2 and\/or Article 3  (see To\u011fcu v. Turkey, no.\u00a027601\/95, \u00a7\u00a095,  31 May 2005, and Akkum and Others v. Turkey,  no.\u00a021894\/93, \u00a7\u00a0211, ECHR 2005-II).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">74.\u00a0\u00a0Taking   into account the above elements, the Court is satisfied that the  applicants  have made a prima facie case that their relatives were abducted by State   servicemen. The Government&#8217;s statement that the investigators had not  found any evidence to support the involvement of the special forces  in the kidnapping or their general reference to the possibility of  illegal  insurgents&#8217; involvement in the crime is insufficient to discharge them  from the above-mentioned burden of proof. Having examined the documents  submitted by the applicants, and drawing inferences from the  Government&#8217;s  failure to submit any of the documents which were in their exclusive  possession or to provide any plausible explanation for the events in  question, the Court finds that Aslan and Aslanbek Tasatayev were  arrested  on 1 June 2001 by State servicemen during an unacknowledged security  operation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">75.\u00a0\u00a0There has been no reliable   news of Aslan and Aslanbek Tasatayev since the date of their abduction.  Their names have not been found in any official detention facility  records.  Finally, the Government have not submitted any explanation as to what  happened to them after their arrest.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">76.\u00a0\u00a0Having   regard to the previous cases concerning disappearances in Chechnya which   have come before it (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia,  no.\u00a069480\/01, ECHR 2006-&#8230; (extracts); Baysayeva v.\u00a0Russia, no. 74237\/01, 5  April 2007; Akhmadova and Sadulayeva, cited  above; and Alikhadzhiyeva v. Russia,  no.\u00a068007\/01, 5\u00a0July 2007), the Court  finds that in the context of the conflict in the Republic, when a person   is detained by unidentified servicemen without any subsequent  acknowledgment  of the detention, this can be regarded as life-threatening. The absence  of Aslan and Aslanbek Tasatayev or of any news of them for more than  eight years supports this assumption.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">77.\u00a0\u00a0Accordingly,   the Court finds that the evidence available permits it to establish  that Aslan and Aslanbek Tasatayev must be presumed dead following their  unacknowledged detention by State servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">III.\u00a0ALLEGED VIOLATION OF ARTICLE  2 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">78.\u00a0\u00a0The   applicants complained under Article 2 of the Convention that their  relatives  had been deprived of their lives by Russian servicemen and that the  domestic authorities had failed to carry out an effective investigation  of the matter. Article 2 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0Everyone&#8217;s right to life shall be protected  by law. No one shall be deprived of his life intentionally save in the  execution of a sentence of a court following his conviction of a crime  for which this penalty is provided by law.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Deprivation of life shall not be regarded as  inflicted in contravention of this article when it results from the  use of force which is no more than absolutely necessary:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0in defence of any person from unlawful  violence;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0in order to effect a lawful arrest or to  prevent  the escape of a person lawfully detained;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0in action lawfully taken for the purpose of  quelling a riot or insurrection.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">79.\u00a0\u00a0The Government contended  that the domestic investigation had obtained no evidence to the effect  that Aslan and Aslanbek Tasatayev were dead or that any servicemen of  the federal law-enforcement agencies had been involved in their  kidnapping  or alleged killing. They claimed that the investigation into the  kidnapping  of the applicants&#8217; relatives met the Convention requirement of  effectiveness,  as all measures available under national law were being taken to  identify  those responsible. The Government also noted that the decisions to  suspend  and resume the proceedings did not demonstrate their ineffectiveness,  but showed that the authorities in charge were continuing to take steps  to solve the crime.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">80.\u00a0\u00a0The applicants argued that   Aslan and Aslanbek Tasatayev had been detained by State servicemen and  should be presumed dead in the absence of any reliable news of them  for several years. They also argued that the investigation had not met  the effectiveness and adequacy requirements laid down by the Court&#8217;s  case-law. The applicants pointed out that the prosecutor&#8217;s office had  not taken some crucial investigative steps. The investigation into Aslan   and Aslanbek Tasatayev&#8217;s kidnapping had been opened several weeks after  the events and then had been suspended and resumed a number of times,  thus delaying the taking of the most basic steps, and that the relatives   had not been properly informed of the most important investigative  measures.  The fact that the investigation had been pending for such a long period  of time without producing any tangible results was further proof of  its ineffectiveness. They also invited the Court to draw conclusions  from the Government&#8217;s unjustified failure to submit the documents from  the case file to them or to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">81.\u00a0\u00a0The   Court considers, in the light of the parties&#8217; submissions, that the  complaint raises serious issues of fact and law under the Convention,  the determination of which requires an examination of the merits.  Further,  the Court has already found that the Government&#8217;s objection concerning  the alleged non-exhaustion of domestic remedies should be joined to  the merits of the complaint (see paragraph 63 above). The complaint  under Article 2 of the Convention must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0The alleged violation of the right to  life  of Aslan and Aslanbek Tasatayev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">82.\u00a0\u00a0The   Court has already found that the applicants&#8217; relatives must be presumed  dead following unacknowledged detention by State servicemen. In the  absence of any justification put forward by the Government, the Court  finds that the deaths can be attributed to the State and that there  has been a violation of Article 2 in respect of Aslan and Aslanbek  Tasatayev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0The alleged inadequacy of the  investigation  of the kidnapping<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">83.\u00a0\u00a0The   Court has on many occasions stated that the obligation to protect the  right to life under Article 2 of the Convention also requires by  implication  that there should be some form of effective official investigation when  individuals have been killed as a result of the use of force. It has  developed a number of guiding principles to be followed for an  investigation  to comply with the Convention&#8217;s requirements (for a summary of these  principles see Bazorkina, cited above, \u00a7\u00a7\u00a0117-119).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">84.\u00a0\u00a0In   the present case, the kidnapping of Aslan and Aslanbek Tasatayev was  investigated. The Court must assess whether that investigation met the  requirements of Article 2 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">85.\u00a0\u00a0The   Court notes at the outset that none of the documents from the  investigation  were disclosed by the Government. It therefore has to assess its  effectiveness  on the basis of the few documents submitted by the applicants and the  information about its progress presented by the Government.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">86.\u00a0\u00a0The   Court notes that the authorities were immediately made aware of the  abduction by the applicants&#8217; submissions. The investigation in criminal  case no. 25088 was instituted on 8 July 2001, which is one month and  six days after Aslan and Aslanbek Tasatayev&#8217;s abduction. Such a  postponement per se was liable to affect the  investigation of the kidnapping  in life-threatening circumstances, where crucial action has to be taken  in the first days after the event. It appears that after that a number  of essential steps were delayed or not taken at all. For instance, as  can be seen from the decision of the domestic court of 14 May 2005,  by that date the investigators had not identified or questioned any  of the local residents who had stood watch at the guard posts on the  night of the abduction and had been threatened by the abductors; they  had not established the identity of the owner of the UAZ vehicle which  had been moving around Urus-Martan that night; they had not identified  and questioned the witnesses who had seen the abductors&#8217; vehicle driving   into the yard of the military commander&#8217;s office after the abduction  and they had not questioned any of the servicemen who had been on duty  in the military commander&#8217;s office and the ROVD about their possible  involvement in the abduction or subsequent detention of the applicants&#8217;  sons (see paragraph 55 above). It is obvious that these investigative  measures, if they were to produce any meaningful results, should have  been taken immediately after the crime was reported to the authorities,  and as soon as the investigation commenced. Such delays, for which there   has been no explanation in the instant case, not only demonstrate the  authorities&#8217; failure to act of their own motion but also constitute  a breach of the obligation to exercise exemplary diligence and  promptness  in dealing with such a serious matter (see \u00d6nery\u0131ld\u0131z   v. Turkey [GC], no. 48939\/99, \u00a7 94, ECHR 2004-XII).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">87.\u00a0\u00a0The   Court also notes that even though the second applicant was granted  victim  status in the investigation concerning the abduction of her relatives,  she was only informed of the suspension and resumption of the  proceedings,  and not of any other significant developments. Accordingly, the  investigators  failed to ensure that the investigation received the required level  of public scrutiny, or to safeguard the interests of the next of kin  in the proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">88.\u00a0\u00a0Finally,   the Court notes that the investigation was suspended and resumed on  numerous occasions and that there were lengthy periods of inactivity  of the district prosecutor&#8217;s office when no proceedings were pending.  The town court criticised deficiencies in the proceedings and ordered  remedial measures (see paragraph 55 above). It appears that its  instructions  were not complied with.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">89.\u00a0\u00a0Having  regard to the limb of the Government&#8217;s preliminary objection that was  joined to the merits of the complaint, inasmuch as it concerns the fact  that the domestic investigation is still pending, the Court notes that  the investigation, having being repeatedly suspended and resumed and  plagued by inexplicable delays, has been pending for many years without  producing any tangible results. Accordingly, the Court finds that the  remedy relied on by the Government was ineffective in the circumstances  and dismisses their preliminary objection.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">90.\u00a0\u00a0In   the light of the foregoing, the Court holds that the authorities failed  to carry out an effective criminal investigation into the circumstances  surrounding the disappearance of Aslan and Aslanbek Tasatayev, in breach   of Article\u00a02 in its procedural aspect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">IV.\u00a0ALLEGED VIOLATION OF ARTICLE  3 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">91.\u00a0\u00a0The   applicants relied on Article 3 of the Convention, submitting that as  a result of their sons&#8217; disappearance and the State&#8217;s failure to  investigate  it properly, they had endured mental suffering in breach of Article  3 of the Convention. Article 3 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cNo one shall be subjected to torture or to  inhuman or degrading treatment or punishment.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">92.\u00a0\u00a0The Government disagreed  with these allegations and argued that the investigation had not  established  that the applicants had been subjected to inhuman or degrading treatment   prohibited by Article 3 of the Convention<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">93.\u00a0\u00a0   The applicants reiterated their complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">94.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35 \u00a7 3 of the Convention. It further notes that  it is not inadmissible on any other grounds. It must therefore be  declared  admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">95.\u00a0\u00a0The   Court has found on many occasions that in a situation of enforced  disappearance  close relatives of the victim may themselves be victims of treatment  in violation of Article 3. The essence of such a violation does not  mainly lie in the fact of the \u201cdisappearance\u201d of the family member  but rather concerns the authorities&#8217; reactions and attitudes to the  situation when it is brought to their attention (<a name=\"01000001\"><\/a>see  <a name=\"01000002\"><\/a>Orhan v. Turkey, no.\u00a025656\/94,  \u00a7\u00a0358, 18 June 2002, and Imakayeva, cited above, \u00a7\u00a0164).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">96.\u00a0\u00a0In   the present case the Court notes that the applicants are mothers of  the disappeared persons who witnessed their abduction. For more than  eight years they have not had any news of the missing men. During this  period the applicants have made enquiries of various official bodies,  both in writing and in person, about their missing sons. Despite their  attempts, the applicants have never received any plausible explanation  or information about what became of them following their detention.  The responses they received mostly denied State responsibility for their   sons&#8217; arrest or simply informed them that the investigation was ongoing.   The Court&#8217;s findings under the procedural aspect of Article 2 are also  of direct relevance here.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">97.\u00a0\u00a0The   Court therefore concludes that there has been a violation of Article  3 of the Convention in respect of the applicants.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">V.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 5  OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">98.\u00a0\u00a0The   applicants further stated that Aslan and Aslanbek Tasatayev had been  detained in violation of the guarantees contained in Article 5 of the  Convention, which reads, in so far as relevant:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0Everyone has the right to liberty and  security  of person. No one shall be deprived of his liberty save in the following   cases and in accordance with a procedure prescribed by law:&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0the lawful arrest or detention of a person  effected for the purpose of bringing him before the competent legal  authority on reasonable suspicion of having committed an offence or  when it is reasonably considered necessary to prevent his committing  an offence or fleeing after having done so;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Everyone who is arrested shall be informed  promptly, in a language which he understands, of the reasons for his  arrest and of any charge against him.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Everyone arrested or detained in accordance  with the provisions of paragraph\u00a01\u00a0(c) of this Article shall be brought  promptly before a judge or other officer authorised by law to exercise  judicial power and shall be entitled to trial within a reasonable time  or to release pending trial. Release may be conditioned by guarantees  to appear for trial.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Everyone who is deprived of his liberty by  arrest or detention shall be entitled to take proceedings by which the  lawfulness of his detention shall be decided speedily by a court and  his release ordered if the detention is not lawful.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0Everyone who has been the victim of arrest  or detention in contravention of the provisions of this Article shall  have an enforceable right to compensation.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">99.\u00a0\u00a0The Government asserted  that no evidence had been obtained by the investigators to confirm that  Aslan and Aslanbek Tasatayev had been deprived of their liberty. They  were not listed among the persons kept in detention centres and none  of the regional law-enforcement agencies had information about their  detention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">100.\u00a0\u00a0The applicants reiterated   their complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">101.\u00a0\u00a0The Court notes that this complaint is not manifestly ill-founded  within the meaning of Article 35 \u00a7 3 of the Convention. It further  notes that the complaint is not inadmissible on any other grounds and  must therefore be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">102.\u00a0\u00a0The   Court has previously noted the fundamental importance of the guarantees  contained in Article 5 to secure the right of individuals in a democracy   to be free from arbitrary detention. It has also stated that  unacknowledged  detention is a complete negation of these guarantees and discloses a  very grave violation of Article 5 (see \u00c7i\u00e7ek v. Turkey, no.\u00a025704\/94,  \u00a7\u00a0164, 27 February 2001, and Luluyev, cited above, \u00a7\u00a0122).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">103.\u00a0\u00a0The   Court has found that Aslan and Aslanbek Tasatayev were abducted by State   servicemen on 1 June 2001 and have not been seen since. Their detention  was not acknowledged, was not logged in any custody records and there  exists no official trace of their subsequent whereabouts or fate. In  accordance with the Court&#8217;s practice, this fact in itself must be  considered  a most serious failing, since it enables those responsible for an act  of deprivation of liberty to conceal their involvement in a crime, to  cover their tracks and to escape accountability for the fate of a  detainee.  Furthermore, the absence of detention records, noting such matters as  the date, time and location of detention and the name of the detainee,  as well as the reasons for the detention and the name of the person  effecting it, must be seen as incompatible with the very purpose of  Article 5 of the Convention (see <a name=\"01000003\"><\/a>Orhan,   cited above, \u00a7\u00a0371).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">104.\u00a0\u00a0The   Court further considers that the authorities should have been more alert   to the need for a thorough and prompt investigation of the applicants&#8217;  complaints that their sons had been detained and taken away in  life-threatening  circumstances. However, the Court&#8217;s findings above in relation to  Article  2 and, in particular, the conduct of the investigation leave no doubt  that the authorities failed to take prompt and effective measures to  safeguard them against the risk of disappearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">105.\u00a0\u00a0In view of the foregoing,   the Court finds that Aslan and Aslanbek Tasatayev were held in  unacknowledged  detention without any of the safeguards contained in Article 5. This  constitutes a particularly grave violation of the right to liberty and  security enshrined in Article 5 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VI.\u00a0ALLEGED VIOLATION OF ARTICLE  6 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">106.\u00a0\u00a0The   applicants complained that the proceedings brought by them against the  investigators were unfair. They relied on Article 6 of the Convention,  which, in so far as relevant, reads as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0In  the determination of his civil rights and obligations  &#8230;, everyone is entitled to a fair and public hearing within a  reasonable  time by an independent and impartial tribunal established by law&#8230;\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">107.\u00a0\u00a0The   Court finds that Article 6 \u00a7 1 of the Convention is, in principle,  inapplicable to the proceedings in question, as they clearly have not  involved the determination of the applicants&#8217; civil rights or  obligations  or a criminal charge against them, within the meaning of the Convention  (see Akhmadov and Others v. Russia (dec.), no. 21586\/02, 3  May 2007).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">108.\u00a0\u00a0It   follows that this complaint is incompatible ratione materiae with the provisions  of the Convention within  the meaning of Article 35 \u00a7 3 and must be rejected in accordance with  Article 35 \u00a7\u00a04 thereof.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VII.\u00a0ALLEGED VIOLATION OF ARTICLE  13 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">109.\u00a0\u00a0The   applicants complained that they had been deprived of effective remedies  in respect of the aforementioned violations, contrary to Article 13  of the Convention, which provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cEveryone whose rights and freedoms as set  forth in [the] Convention are violated shall have an effective remedy  before a national authority notwithstanding that the violation has been  committed by persons acting in an official capacity.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">110.\u00a0\u00a0The Government contended  that the applicants had had effective remedies at their disposal as  required by Article 13 of the Convention and that the authorities had  not prevented them from using them. The applicants had had an  opportunity  to challenge the acts or omissions of the investigating authorities  in court pursuant to Article 125 of the Code of Criminal Procedure and  had availed themselves of it. The Government further added that  participants  in criminal proceedings could also claim damages in civil proceedings.  In sum, the Government submitted that there had been no violation of  Article 13.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">111.\u00a0\u00a0The applicants reiterated   the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">112.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35 \u00a7 3 of the Convention. It further notes that  it is not inadmissible on any other grounds. It must therefore be  declared  admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">113.\u00a0\u00a0The   Court reiterates that in circumstances where, as here, a criminal  investigation  into the disappearance has been ineffective and the effectiveness of  any other remedy that might have existed, including civil remedies  suggested  by the Government, has consequently been undermined, the State has  failed  in its obligation under Article\u00a013 of the Convention (see Khashiyev and Akayeva, cited above,  \u00a7\u00a0183).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">114.\u00a0\u00a0Consequently,   there has been a violation of Article 13 in conjunction with Article  2 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">115.\u00a0\u00a0As   regards the applicants&#8217; reference to Articles 3 and 5 of the Convention,   the Court considers that, in the  circumstances, no separate issue arises in respect of Article 13, read  in conjunction with Articles 3 and 5 of the Convention (see Kukayev v. Russia, no.\u00a029361\/02,  \u00a7\u00a0119, 15\u00a0November 2007, and Aziyevy v. Russia, no. 77626\/01,  \u00a7\u00a0118, 20\u00a0March 2008).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VIII.\u00a0APPLICATION  OF ARTICLE 41 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">116.\u00a0\u00a0Article   41 of the Convention provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cIf the Court finds that there has been a  violation  of the Convention or the Protocols thereto, and if the internal law  of the High Contracting Party concerned allows only partial reparation  to be made, the Court shall, if necessary, afford just satisfaction  to the injured party.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">117.\u00a0\u00a0The   applicants did not submit any claims for pecuniary damage. As regards  non-pecuniary damage,\u00a0the applicants stated that they had lost their  sons and endured stress, frustration and helplessness in relation to  their sons&#8217; abduction, aggravated by the authorities&#8217; inactivity in  the investigation of their kidnapping for several years. They left the  determination of the amount of compensation to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">118.\u00a0\u00a0The   Government submitted that finding a violation of the Convention would  be adequate just satisfaction in the applicants&#8217; case.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">119.\u00a0\u00a0The   Court has found a violation of Articles 2, 5 and 13 of the Convention  on account of the unacknowledged detention and disappearance of the  applicants&#8217; sons. The applicants themselves have been found to have  been victims of a violation of Article 3 of the Convention. The Court  thus accepts that they have suffered non-pecuniary damage which cannot  be compensated for solely by the findings of violations. It awards each  of the applicants 60,000 euros (EUR), plus any tax that may be  chargeable  thereon.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0Costs and expenses<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">120.\u00a0\u00a0The   applicants were represented by Mr D. Itslayev, a lawyer practising in  Nazran. The applicants submitted a contract with their representative  and an itemised schedule of costs and expenses that included legal  research  and drafting, as well as administrative and translation expenses. The  overall claim in respect of costs and expenses related to the  applicants&#8217;  legal representation amounted to EUR 5,217. The applicants submitted  the following breakdown of costs:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)  EUR 4,544 for 28.85 hours of interviews and drafting of legal documents  submitted to the Court and the domestic authorities, at the rate of  EUR 150 per hour;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)  EUR 145 of administrative expenses;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)  EUR 528 in translation fees based on the rate of EUR 80 per 1000\u00a0words.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">121.\u00a0\u00a0The   Government did not dispute the reasonableness of the amounts claimed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">122.\u00a0\u00a0The   Court has to establish first whether the costs and expenses indicated  by the applicant were actually incurred and, second, whether they were  necessary (see <a name=\"01000004\"><\/a>McCann and Others v.  the United Kingdom, 27\u00a0September  1995, \u00a7 220, Series A no. 324)<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">123.\u00a0\u00a0Having   regard to the details of the information submitted by the applicant,  the Court is satisfied that these rates are reasonable. It notes that  this case was rather complex and required the amount of research and  preparation claimed by the applicants.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">124.\u00a0\u00a0Having   regard to the details of the claims submitted by the applicants, the  Court awards them the amount of EUR 5,000 together with any value-added  tax that may be chargeable to the applicants, the net award to be paid  into the representative&#8217;s bank account, as identified by the applicants.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0\u00a0Default interest<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">125.\u00a0\u00a0The   Court considers it appropriate that the default interest should be based   on the marginal lending rate of the European Central Bank, to which  should be added three percentage points.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">FOR THESE REASONS, THE COURT UNANIMOUSLY<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Declares the complaints under  Articles 2, 3, 5 and 13 admissible  and the remainder of the application inadmissible;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Decides to  join to the merits the Government&#8217;s objection as  to non-exhaustion of criminal domestic remedies and rejects it;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Holds that  there has been a violation of Article\u00a02 of the Convention  in respect of Aslan and Aslanbek Tasatayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Holds that  there has been a violation of Article\u00a02 of the Convention  in respect of the failure to conduct an effective investigation into  the circumstances in which Aslan and Aslanbek Tasatayev had disappeared;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0Holds  that there has been a violation of Article\u00a03 of the Convention  in respect of the applicants;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0Holds  that there has been a violation of Article\u00a05 of the Convention  in respect of Aslan and Aslanbek Tasatayev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0Holds   that there has been a violation of Article\u00a013 of the Convention in  conjunction  with Article 2 of the Convention;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0Holds   that no separate issues arise under Article 13 of the Convention in  conjunction with Articles 3 and 5;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0Holds<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0that the respondent State is to pay,  within three months from the date on which the judgment becomes final  in accordance with Article\u00a044\u00a0\u00a7\u00a02 of the Convention, the following  amounts,  to be converted into Russian roubles at the date of settlement:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(i)\u00a0\u00a0EUR\u00a060,000 (sixty thousand euros),  plus  any tax that may be chargeable, in respect of non-pecuniary damage to  each of the applicants;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(ii)\u00a0\u00a0EUR\u00a05,000 (five thousand euros), plus   any tax that may be chargeable to the applicants, in respect of costs  and expenses, to be paid into the representative&#8217;s bank account.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0that from the expiry of the  above-mentioned  three months until settlement simple interest shall be payable on the  above amounts at a rate equal to the marginal lending rate of the  European  Central Bank during the default period plus three percentage points;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0Dismisses  the remainder of the applicants&#8217; claim for just satisfaction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Done in English, and notified in writing   on 8 April 2010, pursuant to Rule 77 \u00a7\u00a7 2 and 3 of the Rules of Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">S\u00f8ren  Nielsen\u00a0Christos  Rozakis<br \/>\nRegistrar\u00a0President<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">****<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>CASE OF UMALATOV AND  OTHERS v. RUSSIA<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>(Application no.  8345\/05)<\/strong><\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">JUDGMENT<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\">STRASBOURG<\/span><\/p>\n<p style=\"text-align: center;\"><span style=\"color: #000000;\"><strong>8 April  2010<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">This judgment will become  final in the circumstances  set out in Article\u00a044 \u00a7\u00a02 of the Convention. It may be subject to  editorial  revision.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\"><strong>In the case of Umalatov and Others v. Russia,<\/strong><\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The   European Court of Human Rights (First Section), sitting as a Chamber  composed of:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Christos  Rozakis, President,<br \/>\nNina Vaji\u0107,<br \/>\nAnatoly Kovler,<br \/>\nElisabeth Steiner,<br \/>\nKhanlar Hajiyev,<br \/>\nDean Spielmann,<br \/>\nSverre Erik Jebens, judges,<br \/>\nand S\u00f8ren Nielsen, Section Registrar,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Having   deliberated in private on 18 March 2010,<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Delivers   the following judgment, which was adopted on that date:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">PROCEDURE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The   case originated in an application (no. 8345\/05) against the Russian  Federation lodged with the Court under Article 34 of the Convention  for the Protection of Human Rights and Fundamental Freedoms (\u201cthe  Convention\u201d) by three Russian nationals, Mr Imran Umalatov, Mrs\u00a0Roza  Khamizayeva and Mr Sharan Durdiyev (\u201cthe applicants\u201d), on 17\u00a0February  2005.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The   applicants, who were granted legal aid, were represented by lawyers  of the International Protection Centre, a Russian NGO. The Russian  Government  (\u201cthe Government\u201d) were represented by Mrs V. Milinchuk, the former  Representative of the Russian Federation at the European Court of Human  Rights and subsequently by their new representative, Mr\u00a0G.\u00a0Matyushkin.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0On   7 January 2008 the Court decided to apply Rule\u00a041 of the Rules of Court  and to grant priority treatment to the application and to give notice  of the application to the Government. Under the provisions of Article  29 \u00a7 3 of the Convention, it decided to examine the merits of the  application  at the same time as its admissibility.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0The   Government objected to the joint examination of the admissibility and  merits of the application. Having considered the Government&#8217;s objection,   the Court dismissed it.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE CIRCUMSTANCES OF THE CASE<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0The   applicants were born in 1940, 1969 and 1943 respectively. They live  in the Chechen Republic (Chechnya).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Disappearance of Usman Umalatov and Shamad   Durdiyev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0The applicants&#8217; account<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0The   first applicant is the father of Usman Umalatov, born in 1969. The  second  applicant is his wife. The third applicant is the father of Shamad  Durdiyev,  born in 1976.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0The   applicants stated that on 15 October 2002 at 7.00 a.m. a joint operation   of the Federal Security Service (FSB), the Ministry of the Interior  and the military took place in the village of Nagornoye situated in  the Grozny district of Chechnya.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0Usman   Umalatov was apprehended in his home in Nagornoye in the presence of  his next-of-kin, including the second applicant, and brought to the  FSB office for the Nadterechny district in the village of Znamenskoye.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">9.\u00a0\u00a0Shamad   Durdiyev lived in Beno-Yurt and worked as a driver for the Grozny Town  Prosecutor&#8217;s Office. On 15 October 2002 at about 6 a.m. he left his  home village and went towards Grozny in his service car, a black  \u201cVolga\u201d.  On the same day he was apprehended during the security operation and  brought to the FSB office in Znamenskoye.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">10.\u00a0\u00a0Two   or three days later nine men apprehended on that day in Nagornoye were  released, but Usman Umalatov and Shamad Durdiyev were not among them.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">11.\u00a0\u00a0The   applicants have had no news of Usman Umalatov and Shamad Durdiyev since  15\u00a0October 2002.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">12.\u00a0\u00a0In   support of their allegations, the applicants submitted the statements  of the first and second applicants, as well as an affidavit signed by  eight men who had been detained on 15 October 2002 together with Usman  Umalatov.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0The Government&#8217;s account<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">13.\u00a0\u00a0In   their observations the Government confirmed that both men had been  detained  on 15 October 2002 in Nagornoye in the course of a special security  operation. Later on the same day they were transferred to the FSB office   in Znamenskoye and then released after their identities had been  ascertained.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The search for Usman Umalatov and Shamad  Durdiyev and the investigation<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">14.\u00a0\u00a0Since   15\u00a0October 2002 the applicants have repeatedly applied in person and  in writing to various public bodies. In their letters to the authorities   the applicants and their family members referred to their relatives&#8217;  detention and asked for assistance and details of the investigation.  These enquiries have mostly remained unanswered, or purely formal  replies  have been given in which the applicants&#8217; requests have been forwarded  to various prosecutors&#8217; offices. The applicants submitted some of the  letters to the authorities and the replies to the Court, which are  summarised  below.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1. Official investigation into Usman  Umalatov&#8217;s disappearance<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">15.\u00a0\u00a0The   first applicant submitted that several days after his son&#8217;s  disappearance  the head of the FSB office for the Nadterechny district had told him  in a personal conversation that Usman Umalatov and Shamad Durdiyev had  been released on the day of their detention. However, they have not  been found since.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">16.\u00a0\u00a0On   24 October 2002 an investigator of the prosecutor&#8217;s office of the  Urus-Martan  district of Chechnya opened criminal proceedings (case file no.\u00a065049)  in response to the first applicant&#8217;s complaint about his son&#8217;s  abduction.  The investigator noted that the applicant&#8217;s son had been taken into  custody by unknown masked persons and taken away to an unknown  destination.  It appears that at some later point the investigation was transferred  to the Nadterechny district prosecutor&#8217;s office (\u201cthe district  prosecutor&#8217;s  office\u201d).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">17.\u00a0\u00a0On   25 October 2002 the first applicant was granted victim status in the  proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">18.\u00a0\u00a0On   29 January 2003 the investigator of the district prosecutor&#8217;s office  adjourned the criminal proceedings given the failure to identify the  persons against whom the charges must be brought (Article 208, part  1, item\u00a01 of the Code of Criminal Procedure). The investigator&#8217;s  decision  instructed the Nadterechny district department of the Ministry of the  Interior (ROVD) to search for Usman Umalatov and the persons responsible   for his disappearance. No new information was communicated to the first  applicant following his subsequent complaints and requests to the  prosecutor&#8217;s  office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">19.\u00a0\u00a0On   2 March 2004 the first applicant complained of unlawful inaction of  the investigation authorities to the Nadterechny district court (\u201cthe  district court\u201d) under Article 125 of the Code of Criminal Procedure.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">20.\u00a0\u00a0On   29 March 2004 the district court dismissed the first applicant&#8217;s  complaint  as he had failed to appear before the court. The summons to appear  before  the court reached the local post office at his place of residence only  on 31 March 2004.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">21.\u00a0\u00a0On   6 April 2004 the first applicant lodged with the district court a new  complaint under Article 125 of the Code of Criminal Procedure concerning   the lack of an effective investigation into his son&#8217;s disappearance.  This complaint was dismissed on 13 April 2004 as no breach of procedural   requirements had been found.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">22.\u00a0\u00a0The   first applicant allegedly received this judgment on 12 May 2004 and  requested the president of the court to restore the ten-day time-limit  for lodging a cassation appeal against the judgment. The applicant&#8217;s  request was dismissed by the district court on 28 June 2004. Following  the applicant&#8217;s appeal, the Supreme Court of the Chechen Republic upheld   the latter decision by the district court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2. Official investigation into Shamad  Durdiyev&#8217;s disappearance<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">23.\u00a0\u00a0On   an unspecified date, the district prosecutor&#8217;s office opened criminal  proceedings (case file no.\u00a065048) on account of Shamad Durdiyev&#8217;s  abduction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">24.\u00a0\u00a0On   25 October 2002 the third applicant was granted victim status in those  proceedings. The investigator&#8217;s decision indicated that on 15\u00a0October  2002 around 6 a.m. Shamad Durdiyev had gone in his own car in the  direction  of Grozny where he worked as a driver for the Grozny town prosecutor.  On his way he was arrested in the village of Nagornoye by the FSB  officers  and brought to the FSB office for the Nadterechny district in the  village  of Znamenskoye. According to statements by unnamed FSB officials quoted  by the investigator, Shamad Durdiyev was released on the same date.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">25.\u00a0\u00a0The   third applicant alleged that Shamad Durdiyev&#8217;s car remained at the  office  of the FSB in Znamenskoye for several days and was later transferred  to the Grozny town prosecutor&#8217;s office. He also claimed that the FSB  had transferred to the Grozny town prosecutor&#8217;s office a request to  dismiss Shamad Durdiyev from service, allegedly written by his son on  14\u00a0October 2002. It does not appear that any investigative steps were  taken in this direction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">26.\u00a0\u00a0At   some point the military prosecutor&#8217;s office also conducted an  investigation  into Shamad Durdiyev&#8217;s abduction. On 20 December 2002 the military  prosecutor  of army unit no.\u00a020111 decided to return the relevant criminal file  (no.\u00a034\/34\/0117-02d)  to the district prosecutor&#8217;s office for further investigation. The  military  prosecutor found it established that Shamad Durdiyev had been  apprehended  on 15 October 2002 by the authorities during a joint operation by the  district military commander&#8217;s office, ROVD and FSB, brought to the FSB  office in Znamenskoye for questioning and had left the said office in  an unknown direction. The military prosecutor concluded that it had  not been established that military personnel were responsible for his  disappearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">27.\u00a0\u00a0On   24 January 2003 the district prosecutor&#8217;s office adjourned the criminal  proceedings (case file no. 65048) given the failure to identify the  persons against whom the charges must be brought. The investigator&#8217;s  decision instructed the Nadterechny ROVD to search for Shamad Durdiyev  and for the persons responsible for his disappearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">28.\u00a0\u00a0The   third applicant&#8217;s subsequent complaints and requests to the Chechen  prosecutor&#8217;s office and to the head of the Presidential Administration  of Chechnya in connection with his son&#8217;s disappearance remained without  effect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">29.\u00a0\u00a0On   29 July 2004 the third applicant complained of unlawful inaction of  the investigation authorities before the president of the district court   under Article 125 of the Code of Criminal Procedure. On 23 August 2004  the district court dismissed his complaint and found the decision of  24\u00a0January 2004 to adjourn the proceedings to be well founded. The  applicant  did not appeal.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Additional information submitted by  the Government<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">30.\u00a0\u00a0With reference to the  information  provided by the Prosecutor General&#8217;s Office, the Government submitted  that the investigations of the abduction of Usman Umalatov and Shamad  Durdiyev had failed to solve the crimes. In their observations they  also submitted additional information about the progress of the  investigation  and some copies of documents from the files (11 pages). They did not  submit copies of any of the witness statements to which they referred.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">31.\u00a0\u00a0The documents and the  observations  confirm that both men were detained on 15 October 2002 during a large  security operation. The Government submitted copies of three documents  relevant to this operation. The order by the military commander of the  Nadterechny district of 14\u00a0October 2002 gave instructions to carry out  a joint operation involving about 250 servicemen of the Ministry of  the Interior, FSB and the military commander&#8217;s office in order to find  members of an illegal armed group who had killed three servicemen of  the military commander&#8217;s office on 1\u00a0October 2002, and who had  apparently  been hiding in Nagornoye. As regards the possibility of detaining  suspect  individuals, the order contained the following indications: \u201cupon  identification of persons wanted upon suspicion of involvement in crimes   committed by illegal armed groups, they should be detained, brought  to the filtration point and later delivered to the ROVD for the carrying   out of investigative actions; if active resistance is met, measures  should be taken to neutralise or destroy them\u201d.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">32.\u00a0\u00a0The order of the Ministry  of the Interior for the district, also dated 14\u00a0October 2002, contained  similar provisions. Finally, on 15 October 2002 the head of the  detachments  of the Ministry of the Interior based in the district produced a report  on the results of the operation. It listed thirteen men who had been  detained in Nagornoye on that day on suspicion of being involved with  illegal armed groups, and who had been questioned, fingerprinted and  delivered to the ROVD. Shamad Durdiyev and Usman Umalatov were listed  among the thirteen men.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">33.\u00a0\u00a0As to Usman Umalatov, the  Government submitted that the investigation commenced on 24 October  2002 by the Urus-Martan district prosecutor&#8217;s office under Article 126  part 2 of the Criminal Code \u2013 aggravated kidnapping. The investigation  had been triggered by the first applicant&#8217;s complaint to the Nadterechny   district prosecutor&#8217;s office of 21\u00a0October 2002 about the arrest of his  son early in the morning on 15\u00a0October 2002 by the local FSB.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">34.\u00a0\u00a0On 25 October 2002 the  authorities  questioned the first applicant and granted him the status of a victim  in the proceedings. He had stated that his son had been detained at  the district department of the FSB, but that the head of the department,   Mr Kh.M., had assured him that he had personally let his son out of  the building. The first applicant also mentioned that Mr\u00a0A.K., who had  been detained with his son, had returned home on 17\u00a0October 2002.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">35.\u00a0\u00a0On 4 November 2002 the  investigator  examined the registration log of the Nadterechny ROVD and noted that  Usman Umalatov had been delivered there at 10 a.m. on 15 October 2002  for an identity check and that at the same time he had been transferred  to the district department of the FSB for further investigation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">36.\u00a0\u00a0It does not appear that  any additional steps were taken in the investigation into Usman  Umalatov&#8217;s  disappearance after this point.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">37.\u00a0\u00a0As to Shamad Durdiyev,  criminal  investigation file no.\u00a065048 was opened on 24 October 2002 in response  to the third applicant&#8217;s letter of 21\u00a0October 2002. Within the following   days the third applicant was questioned and granted the status of a  victim in the criminal case. On 30\u00a0October 2002 the investigation was  forwarded to the military prosecutor of Chechnya and on 15 November  2002 the military prosecutor of military unit no.\u00a020111 took charge of  the proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">38.\u00a0\u00a0According to the  Government,  in November 2002 the military prosecutor questioned a number of  officials  and servicemen of the Nadterechny district who had been in charge of  or had participated in the operation. Among them were the deputy  military  commander of the district and the commander of the platoon who had taken   part in the operation, the head of the ROVD and several officials of  the district FSB. The Government related the statements of the head  of the district department of the FSB Mr Kh.M. in the following manner:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cOn 2 October 2002 [we] received information  that members of the illegal armed groups which had attacked the  Nadterechny  district commander&#8217;s office were hiding in Nagornoye. As a result of  the attack three servicemen of the commander&#8217;s office had been killed.  On this basis a special operation was planned. Upon agreement with the  military commanders of Chechnya and of the Nadterechny district, on  14 October 2002 an order was issued to include in the operation the  servicemen of the military commander&#8217;s office, of the Ministry of the  Interior and of the district department of the FSB. At the northern  entrance to the village, on the road between Goragorsk and Grozny, an  armoured personnel carrier (APC-80) was positioned in order to block  the traffic and to protect the temporary point of gathering of the  detainees.  A black GAZ 3102 \u201cVolga\u201d vehicle arrived from Goragorsk at high  speed, and having nearly collided with the APC, turned around and tried  to leave towards Goragorsk. The police officers who had manned the block   gave chase and fired shots in the air, after which the vehicle stopped.  The police officers checked the documents of the driver, Shamad  Durdiyev,  and doubted their authenticity. On the same day at about 1 p.m. Shamad  Durdiyev was brought to the district department of the FSB for a  complete  check. 12 other persons were also detained in the course of the  operation,  of whom two \u2013 Usman Umalatov and Mr A.K. \u2013 were also brought to  the FSB department. Usman Umalatov and Mr A.K. produced service badges  of the security service of the Administration of Chechnya, the  authenticity  of which was also questioned.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">On the same day, at about 3 p.m., a group of  armed persons arrived at the department in three vehicles. They were  headed by Mr B.Sh., who had produced the service badge of the deputy  head of the Administration of Chechnya. He demanded that Usman Umalatov  be transferred to him, since the latter had served under his command.  At the same time, Usman Umalatov was not listed among the employees  of the Chechnya Administration that had been submitted by Mr B.Sh. to  the district department of the FSB in December 2001. Mr B.Sh. was told  that he could wait until Usman Umalatov had been questioned and  released,  but B.Sh. had left. On the same day at about 4\u00a0p.m. the prosecutor of  the Nadterechny district Mr S.P. phoned the department and asked if  Shamad Durdiyev, the driver of the Grozny town prosecutor, had been  detained there. He (Kh.M.) himself called the Grozny prosecutor who  confirmed that Shamad Durdiyev worked as a driver in that office.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Later on the same day the formalities concerning  Shamad Durdiyev and Usman Umalatov were concluded and he (Kh.M.) ordered   to them to provide signed forms attesting the return to them of money  and valuables collected upon arrest. Shamad Durdiyev and Usman Umalatov  left the FSB department on 15 October 2002. Work with A.K. continued.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">The Government further relayed  Kh.M.&#8217;s statements about how the relatives of Shamad Durdiyev and Usman  Umalatov had come to the department on several occasions after 16  October  2002 and how he had informed them that both men had been released. Kh.M.   assured them that his subordinates had nothing to do with the two men&#8217;s  disappearance and that he had no information about their whereabouts.  On 15 October 2002 they had not been delivered to any \u201cfiltration  point\u201d, but a simple check through a data base had taken place.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">39.\u00a0\u00a0The head of the district  detachments of the Ministry of the Interior, Mr D.A., who was questioned   on 26 November 2002, testified that he had witnessed the detention of  Usman Umalatov. As cited in the Government observations, on 15 October  2002 he had taken part in the special operation in Nagornoye at the  site of the temporary detention point on the road between Goragorsk  and Grozny, along with 23 other servicemen. At about 5.30 p.m. a black  Volga car, driving at high speed, approached the roadblock from the  direction of Goragorsk. The vehicle was forced to brake abruptly, as  a result of which it slid into the roadside ditch. Several servicemen  immediately ran to the car and detained the driver. According to Mr  D.A.&#8217;s knowledge, the driver was later transferred to the ROVD and then  to the district FSB. The servicemen under his command were not involved  in the detention, but supervised and trained the members of the local  police force.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">40.\u00a0\u00a0In November 2002 the  investigation  questioned Mr A.K., the third man who had been detained at the FSB  district  department. According to the Government, he stated that on 15 October  2002 he had been detained together with Usman Umalatov and a third man,  whose name he did not know. First the unknown man was taken from the  room for questioning, and then later that day, at about 8 p.m., Mr  Umalatov.  Mr A.K. was released on the following day at about midday, after  questioning  and having signed a form stating that he had no complaints about the  FSB servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">41.\u00a0\u00a0On 19 November 2002 the  military prosecutor of military unit no.\u00a02011 examined the black \u201cVolga\u201d   car driven by Shamad Durdiyev on the day of his detention. The car was  examined on the premises of the Grozny town prosecutor&#8217;s office and  no damage was noted. The Government submitted a copy of the examination  report to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">42.\u00a0\u00a0The Government mentioned  a number of other documents contained in the investigation file  concerning  Mr Durdiyev&#8217;s disappearance. In February 2000 and in August 2002 the  Ministry of the Interior and the Grozny town administration issued  papers  to confirm the latter&#8217;s active involvement with the Chechen  counter-insurgent  movements and his participation in the storming of Grozny in January  2000.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">43.\u00a0\u00a0The Government stated that   the case files also contained copies of the forms signed by Usman  Umalatov  and Shamad Durdiyev on 15 October 2002 confirming their release and  absence of complaints about the FSB, but failed to provide them to the  Court. The Government also stated that at some point both forms had  been submitted for graphology tests which had confirmed their  authenticity,  but did not submit copies of those reports either.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">44.\u00a0\u00a0According to the  Government,  the military prosecutors examined the registration logs of the  Nadterechny  district temporary detention ward and of the ROVD. Copies of the  relevant  documents were contained in the investigation files. They demonstrated  that Shamad Durdiyev and Usman Umalatov had been delivered to the ROVD  at 10 a.m. on 15 October 2002 for identification and that on the same  day at 10 a.m. both had been transferred to the district department  of the FSB, without being placed in detention. The Government did not  submit copies of these documents to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">45.\u00a0\u00a0On 20 December 2002 the  military prosecutor of military unit no.\u00a020111 concluded that the  military  servicemen and the servicemen of the FSB had not been implicated in  Shamad Durdiyev&#8217;s disappearance. On the same day he sent the file for  further investigation to the district prosecutor&#8217;s office. The  prosecutor  sent a number of requests for information to local law-enforcement  authorities,  medical facilities and detention centres, but these brought about no  results.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">46.\u00a0\u00a0In their additional  memorandum  submitted in September 2008 the Government, without indicating the dates   and without providing copies of the documents, informed the Court that  the investigation into both cases was ongoing. The prosecutors had  questioned  seven local residents who had been detained on 15 October 2002 or their  family members. They confirmed that Shamad Durdiyev and Usman Umalatov  had been detained at the local FSB department on that day and that all  other detainees had been released and returned home.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">47.\u00a0\u00a0Despite   specific requests by the Court, the Government did not disclose most  of the contents of criminal case files nos.\u00a065048 and 65049. The  Government  stated that the investigation was in progress and that disclosure of  the documents would be in violation of Article 161 of the Code of  Criminal  Procedure, since the files contained information of a military nature  and personal data concerning the witnesses or other participants in  the criminal proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0\u00a0RELEVANT DOMESTIC LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">48.\u00a0\u00a0For   a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia  (no.\u00a040464\/02, \u00a7\u00a7\u00a067-69,  10\u00a0May 2007) and <a name=\"01000001\"><\/a>Akhmadova and Others v. Russia (no.  3026\/03, \u00a7\u00a7\u00a0104-113, 4  December 2008).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">THE LAW<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">I.\u00a0\u00a0THE GOVERNMENT&#8217;S OBJECTION  REGARDING  NON- EXHAUSTION OF DOMESTIC REMEDIES<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">49.\u00a0\u00a0The   Government contended that the complaint should be declared inadmissible  for non-exhaustion of domestic remedies. They submitted that it had  been open to the applicants to pursue civil complaints but that they  had failed to do so.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">50.\u00a0\u00a0The applicants  contested that objection. They stated that the criminal investigation  had proved to be ineffective. With reference to the Court&#8217;s practice,  they argued that they were not obliged to apply to civil courts in order   to exhaust domestic remedies.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">51.\u00a0\u00a0The   Court notes that as regards a civil action to obtain redress for damage  sustained through the alleged illegal acts or unlawful conduct of State  agents, the Court has already found in a number of similar cases that  this procedure alone cannot be regarded as an effective remedy in the  context of claims brought under Article 2 of the Convention (see Khashiyev and Akayeva v.\u00a0Russia,  nos.\u00a057942\/00 and 57945\/00,  \u00a7\u00a7\u00a0119-121, 24\u00a0February 2005, and Estamirov and Others v. Russia, no.  60272\/00, \u00a7 77, 12 October  2006\u00a0). In the light of the above, the Court confirms that the  applicants  were not obliged to pursue civil remedies. The Government&#8217;s objection  in this regard is thus dismissed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">II.\u00a0\u00a0THE COURT&#8217;S ASSESSMENT OF THE  EVIDENCE AND THE ESTABLISHMENT OF THE FACTS<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; arguments<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">52.\u00a0\u00a0The   applicants maintained that State agents were responsible for the  disappearance  and death of Usman Umalatov and Shamad Durdiyev. They pointed out that  the two men had been detained in the course of a security operation,  that they were last seen alive in the hands of State agents and that  the Government had failed to discharge its burden of proof by submitting   any explanation as to what had happened to them afterwards. The  applicants  also asked the Court to draw inferences from the Government&#8217;s failure  to present more than a few relevant documents from the investigation  files, either to them or to the Court. Since their relatives had been  missing for a very lengthy period, they could be presumed dead.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">53.\u00a0\u00a0The   Government submitted that, even though Usman Umalatov and Shamad  Durdiyev  had been briefly detained on 15 October 2002, they were released on  the same day. The documents contained in the criminal investigation  files, including witness statements by the officials and copies of the  forms signed by the two men on their release, attested to that. They  further contended that the investigation of the disappearances was  ongoing  and that there was no convincing evidence that the applicants&#8217; relatives   were dead. The Government also noted that the applicants had been  inconsistent  in their descriptions of the exact dates and conversations they had  had with various officials in the days following the disappearance of  their relatives. The Government referred to the witness statements made  to the domestic investigators; but did not submit them to the Court.  Finally, the Government drew the Court&#8217;s attention to the fact that  both men had worked for the State authorities: Shamad Durdiyev had been  a driver for the Grozny town prosecutor&#8217;s office and Usman Umalatov  had been a member of the security service of the head of administration  of Chechnya. Their respective employers were happy with them, and it  could not be excluded that the illegal groups held a grudge against  them.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s evaluation of the facts<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">54.\u00a0\u00a0The   Court observes that in its extensive jurisprudence it has developed  a number of general principles relating to the establishment of facts  in dispute, in particular when faced with allegations of disappearance  under Article 2 of the Convention (for a summary of these, see Bazorkina v.\u00a0Russia, no. 69481\/01, \u00a7\u00a7\u00a0103-109,  27 July 2006). It also notes  that the conduct of the parties when evidence is being obtained has  to be taken into account (see Ireland  v. the United Kingdom, 18 January 1978, \u00a7 161, Series  A no.\u00a025).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">55.\u00a0\u00a0The   Court notes that despite its requests for a copy of the investigation  files into the abduction of Usman Umalatov and Shamad Durdiyev, the  Government produced hardly any documents. The Government referred to  Article 161 of the Code of Criminal Procedure. In previous cases it  has already found this explanation insufficient to justify the  withholding  of key information requested by the Court (see Imakayeva v. Russia, no. 7615\/02, \u00a7  123, ECHR 2006-XIII (extracts)).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">56.\u00a0\u00a0In   view of this and bearing in mind the principles referred to above, the  Court finds that it can draw inferences from the Government&#8217;s conduct  in respect of the well-foundedness of the applicants&#8217; allegations. The  Court will thus proceed to examine crucial elements in the present case  that should be taken into account when deciding whether the applicants&#8217;  relatives can be presumed dead and whether their deaths can be  attributed  to the authorities.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">57.\u00a0\u00a0The Government suggested  in their submissions that Usman Umalatov and Shamad Durdiyev may have  been killed or abducted by members of paramilitary groups. However,  this allegation was not specific and the Government did not submit any  material to support it. The Court would stress in this regard that the  evaluation of the evidence and the establishment of the facts is a  matter  for the Court, and it is incumbent on it to decide on the evidentiary  value of the documents submitted to it (see \u00c7elikbilek  v. Turkey, no.\u00a027693\/95, \u00a7\u00a071, 31\u00a0May 2005).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">58.\u00a0\u00a0The parties do not dispute   that on 15 October 2002 Usman Umalatov and Shamad Durdiyev were detained   in Nagornoye during a security operation aimed at finding persons  responsible  for a terrorist act and delivered to the ROVD, from which they were  transferred to the district department of the FSB. The orders of the  district commander of the Ministry of the Interior and of the military  commander cited \u201csuspicion of involvement in crimes committed by illegal   armed groups\u201d as the possible grounds for detention, though no formal  charges have been ever brought. It does not appear that any formal  records  were drawn up in relation to the detention or any other actions carried  out in respect of Usman Umalatov and Shamad Durdiyev, except to note  that both men had been transferred to the district department of the  FSB from the ROVD premises. They have not been seen since 15 October  2002 and their families have had no news of them. The investigation  failed to establish what had happened to them or to charge anyone in  relation to their disappearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">59.\u00a0\u00a0 The Government suggested  that certain documents in the criminal investigation files proved that  the two men had been released. However, since none of these documents  have been submitted to the Court, it is reluctant to rely on them in  order to absolve the Government from their responsibility to account  for the fate of detainees last seen alive within their hands (see Akkum  and Others v. Turkey, no.\u00a021894\/93, \u00a7\u00a0211, ECHR\u00a02005-II).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">60.\u00a0\u00a0The Government also  questioned  the credibility of the applicants&#8217; statements in view of certain  discrepancies  in their descriptions of the days immediately following the detention.  The Court notes in this respect that no other elements underlying the  applicants&#8217; submissions of facts have been disputed by the Government.  The Government did not provide to the Court the witness statements to  which they referred in their submissions. In any event, the fact that  over a period of several years the applicants&#8217; recollection of an  extremely  traumatic and stressful event differed in rather insignificant details  does not in itself suffice to cast doubt on the overall veracity of  their statements.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">61.\u00a0\u00a0Furthermore, a number of  serious and unresolved contradictions about the exact circumstances  of the arrest and alleged release of the two men transpire from the  statements of witnesses cited in the Government&#8217;s observations. While  the Court will address these issues in more detail below under the  procedural  obligation of Article 2, it notes that the official investigation was  unable to come up with a coherent picture of these crucial facts. There  has been no reliable news of Usman Umalatov and Shamad Durdiyev since  the date of the arrest. Their names have not been found in any official  detention facility records. The Government have not submitted any  explanation  as to what happened to them after their arrest.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">62.\u00a0\u00a0Having   regard to the previous cases concerning disappearances in Chechnya which   have come before it (see, among others, Bazorkina, cited above; Imakayeva, cited above; Luluyev and Others v. Russia,  no.\u00a069480\/01, ECHR 2006-XIII (extracts); Baysayeva v.\u00a0Russia, no. 74237\/01, 5  April 2007; Akhmadova and Sadulayeva, cited  above; and Alikhadzhiyeva v.\u00a0Russia, no.\u00a068007\/01, 5\u00a0July 2007),  the Court finds that the  circumstances in which Usman Umalatov and Shamad Durdiyev were detained  can be regarded as life-threatening. The absence of the two men or of  any news of them for many years supports this assumption.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">63.\u00a0\u00a0Accordingly,   the Court finds that the evidence available permits it to establish  that Usman Umalatov and Shamad Durdiyev must be presumed dead following  their detention by State servicemen.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">III.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE  2 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">64.\u00a0\u00a0The   applicants complained under Article 2 of the Convention that their  relatives  had been deprived of their lives by Russian servicemen and that the  domestic authorities had failed to carry out an effective investigation  of the matter. Article 2 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0\u00a0Everyone&#8217;s right to life shall be protected  by law. No one shall be deprived of his life intentionally save in the  execution of a sentence of a court following his conviction of a crime  for which this penalty is provided by law.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Deprivation of life shall not be regarded as  inflicted in contravention of this article when it results from the  use of force which is no more than absolutely necessary:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0in defence of any person from unlawful  violence;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0in order to effect a lawful arrest or to  prevent  the escape of a person lawfully detained;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0in action lawfully taken for the purpose of  quelling a riot or insurrection.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">65.\u00a0\u00a0The Government first  argued  that the complaint is manifestly ill-founded and should be dismissed  as such. They further contended that the domestic investigation had  obtained no evidence to the effect that Usman Umalatov and Shamad  Durdiyev  were dead or that any servicemen of the federal law-enforcement agencies   had been involved in their kidnapping or alleged killing. The Government   claimed that the investigation into the kidnapping of the applicants&#8217;  relatives met the Convention requirement of effectiveness, as all  measures  available under national law were being taken to identify those  responsible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">66.\u00a0\u00a0The applicants argued that   Usman Umalatov and Shamad Durdiyev had been detained by State servicemen   and should be presumed dead in the absence of any reliable news of them  for several years. The applicants also argued that the investigation  had not met the effectiveness and adequacy requirements laid down by  the Court&#8217;s case-law. They pointed out that the district prosecutor&#8217;s  office had not taken certain crucial investigative steps. The  investigations  into Usman Umalatov and Shamad Durdiyev&#8217;s kidnapping had been opened  with delays and then the taking of the most basic steps was protracted.  The relatives had not been properly informed of the most important  investigative  measures and had no access to the case files. The fact that the  investigation  had been pending for such a long period of time without producing any  known results was further proof of its ineffectiveness. They also  invited  the Court to draw conclusions from the Government&#8217;s unjustified failure  to submit the documents from the case file to them or to the Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">67.\u00a0\u00a0The   Court considers, in the light of the parties&#8217; submissions, that the  complaint raises serious issues of fact and law under the Convention,  the determination of which requires an examination of the merits. The  complaint under Article 2 of the Convention must therefore be declared  admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0The alleged violation of the right to  life  of Usman Umalatov and Shamad Durdiyev<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">68.\u00a0\u00a0The   Court has already found that the applicants&#8217; relatives must be presumed  dead following unacknowledged detention by State servicemen and that  the deaths can be attributed to the State. In the absence of any  justification  in respect of any use of lethal force by State agents, the Court finds  that there has been a violation of Article 2 in respect of Usman  Umalatov  and Shamad Durdiyev.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0The alleged inadequacy of the  investigation<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">69.\u00a0\u00a0The   Court has on many occasions stated that the obligation to protect the  right to life under Article 2 of the Convention also requires by  implication  that there should be some form of effective official investigation when  individuals have been killed as a result of the use of force. It has  developed a number of guiding principles to be followed for an  investigation  to comply with the Convention&#8217;s requirements (for a summary of these  principles see Bazorkina, cited above, \u00a7\u00a7\u00a0117-119).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">70.\u00a0\u00a0The   Court notes at the outset that most of the documents from the  investigation  were not disclosed by the Government. It therefore has to assess the  effectiveness of the investigation on the basis of the few documents  submitted by the parties and the information about its progress  presented  by the Government.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">71.\u00a0\u00a0The   Court discerns that the authorities were immediately made aware of the  disappearance by the applicants. The investigations were instituted  on 24 and 25\u00a0October 2002, that is, nine and ten days after Usman  Umalatov  and Shamad Durdiyev&#8217;s abduction. Such a postponement per se was liable to affect the  investigation of a kidnapping  in life-threatening circumstances, where crucial action has to be taken  in the first days after the event. It appears that within the following  days the applicants and a number of key officials were questioned. The  applicants were granted victim status. However, it also appears that  after December 2002 the investigation failed to make any progress. In  particular, the Court is struck by the investigation&#8217;s failure to  resolve  major discrepancies concerning the witnesses&#8217; descriptions of the two  men&#8217;s arrest and alleged release. It notes, for example, that the head  of the district detachment of the Ministry of the Interior, Mr D.A.,  indicated that Shamad Durdiyev had been detained at about 5.30 p.m.  on the road between Goragorsk and Grozny. At the same time, the  registration  log of the Nadterechny ROVD, as cited in the Government&#8217;s observations,  indicated that both detainees had been delivered there at 10 a.m. and  transferred to the FSB at the same time (see paragraphs 39 and 44  above).  The investigation failed to explain why Shamad Durdiyev&#8217;s service  vehicle,  in which he had arrived in Nagornoye, had remained at the local  department  of the FSB and was eventually transferred to the Grozny town  prosecutor&#8217;s  office intact, where it was examined in November 2002 (see paragraph  41).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">72.\u00a0\u00a0The   Court also notes that even though the applicants were granted victim  status in the investigations concerning the abduction of their  relatives,  they were only informed of the suspension and resumption of the  proceedings,  and not of any other significant developments. Accordingly, the  investigation  failed to receive the required level of public scrutiny, or to safeguard   the interests of the next of kin in the proceedings.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">73.\u00a0\u00a0In   the light of the foregoing, the Court holds that the authorities failed  to carry out an effective criminal investigation into the circumstances  surrounding the disappearance of Usman Umalatov and Shamad Durdiyev,  in breach of Article\u00a02 in its procedural aspect.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">IV.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE  3 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">74.\u00a0\u00a0The   applicants relied on Article 3 of the Convention, submitting that as  a result of their relatives&#8217; disappearance and the State&#8217;s failure to  investigate it properly, they had endured mental suffering in breach  of Article 3 of the Convention. Article 3 reads:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cNo one shall be subjected to torture or to  inhuman or degrading treatment or punishment.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">75.\u00a0\u00a0The Government disagreed  with these allegations and argued that the investigation had not  established  that the applicants had been subjected to inhuman or degrading treatment   prohibited by Article 3 of the Convention. They also pointed out that  it has not been established that the State was responsible for the  disappearances.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">76.\u00a0\u00a0In   their observations the applicants reiterated the complaint concerning  the mental suffering endured.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">77.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35\u00a0\u00a7\u00a03 of the Convention. It further notes that  it is not inadmissible on any other grounds. It must therefore be  declared  admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">78.\u00a0\u00a0The   Court has found on many occasions that in a situation of enforced  disappearance  close relatives of the victims may themselves be victims of treatment  in violation of Article 3. The essence of such a violation does not  mainly lie in the fact of the \u201cdisappearance\u201d of the family member  but rather concerns the authorities&#8217; reactions and attitudes to the  situation when it is brought to their attention (<a name=\"01000002\"><\/a>see  <a name=\"01000003\"><\/a>Orhan v. Turkey, no.\u00a025656\/94,  \u00a7\u00a0358, 18 June 2002, and Imakayeva, cited above, \u00a7\u00a0164).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">79.\u00a0\u00a0In   the present case the Court notes that the applicants are close relatives   of the disappeared persons. The first and second applicants themselves  witnessed the arrest of Usman Umalatov. For almost seven years they  have not had any news of the missing men. During this period the  applicants  have made enquiries to various official bodies, both in writing and  in person, about their missing relatives. Despite their attempts, the  applicants have never received any plausible explanation or information  about what became of them following their detention. The responses they  received mostly denied State responsibility for their relatives&#8217;  disappearance  or informed them that the investigation was ongoing. The Court&#8217;s  findings  under the procedural aspect of Article 2 are also of direct relevance  here.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">80.\u00a0\u00a0The   Court therefore concludes that there has also been a violation of  Article  3 of the Convention in respect of the applicants.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">V.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE 5  OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">81.\u00a0\u00a0The   applicants further stated that Usman Umalatov and Shamad Durdiyev had  been detained in violation of the guarantees contained in Article 5  of the Convention, which reads, in so far as relevant:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201c1.\u00a0\u00a0Everyone has the right to liberty and  security  of person. No one shall be deprived of his liberty save in the following   cases and in accordance with a procedure prescribed by law:&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(c)\u00a0\u00a0the lawful arrest or detention of a person  effected for the purpose of bringing him before the competent legal  authority on reasonable suspicion of having committed an offence or  when it is reasonably considered necessary to prevent his committing  an offence or fleeing after having done so;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">&#8230;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Everyone who is arrested shall be informed  promptly, in a language which he understands, of the reasons for his  arrest and of any charge against him.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Everyone arrested or detained in accordance  with the provisions of paragraph\u00a01\u00a0(c) of this Article shall be brought  promptly before a judge or other officer authorised by law to exercise  judicial power and shall be entitled to trial within a reasonable time  or to release pending trial. Release may be conditioned by guarantees  to appear for trial.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Everyone who is deprived of his liberty by  arrest or detention shall be entitled to take proceedings by which the  lawfulness of his detention shall be decided speedily by a court and  his release ordered if the detention is not lawful.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0Everyone who has been the victim of arrest  or detention in contravention of the provisions of this Article shall  have an enforceable right to compensation.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">82.\u00a0\u00a0The Government asserted  that no evidence had been obtained by the investigators to confirm that  Usman Umalatov and Shamad Durdiyev had been deprived of their liberty.  They were not listed among the persons kept in detention centres and  none of the regional law-enforcement agencies had authorised their  detention  either on criminal or on administrative charges. On 15 October 2002  they were simply invited to the Nadterechny ROVD and then to the  district  department of the FSB in order to ascertain their identities and for  a conversation with the FSB officers. This description was confirmed  by the statements of the officials of the ROVD and of the FSB and by  the documents contained in the investigation files. The actions of the  servicemen were lawful in view of the order of the district military  commander and, in a wider sense, the Law on the Suppression of  Terrorism.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">83.\u00a0\u00a0The applicants reiterated  the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">84.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35\u00a0\u00a7\u00a03 of the Convention. It further notes that  the complaint is not inadmissible on any other grounds and must  therefore  be declared admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">85.\u00a0\u00a0The   Court has previously noted the fundamental importance of the guarantees  contained in Article 5 to secure the right of individuals in a democracy   to be free from arbitrary detention. It has also stated that  unacknowledged  detention is a complete negation of these guarantees and discloses a  very grave violation of Article 5 (see \u00c7i\u00e7ek v. Turkey, no.\u00a025704\/94,  \u00a7\u00a0164, 27 February 2001, and Luluyev, cited above, \u00a7\u00a0122).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">86.\u00a0\u00a0The   Court has found that Usman Umalatov and Shamad Durdiyev were apprehended   by State servicemen on 15\u00a0October 2002 and have not been seen since.  Their detention was not acknowledged in any meaningful and reliable  manner, was not logged in any custody records and there exists no  official  trace of their subsequent whereabouts or fate. According to the Court&#8217;s  practice, the absence of detention records, noting such matters as the  date, time and location of detention and the name of the detainee as  well as the reasons for the detention and the name of the person  effecting  it, must be seen as incompatible with the very purpose of Article 5  of the Convention (see <a name=\"01000004\"><\/a>Orhan,   cited above, \u00a7\u00a0371). In fact, the Government&#8217;s argument points to the  heart of the problem, because even though there is overwhelming  evidence,  not contested by the parties, that the two men were deprived of their  liberty by State agents (see paragraphs 31 and 32, for example), none  of the safeguards against arbitrary detention contained in the domestic  legal order were employed.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">87.\u00a0\u00a0The   Court further considers that the authorities should have been more alert   to the need for a thorough and prompt investigation of the applicants&#8217;  complaints that their relatives had been detained and then disappeared  in life-threatening circumstances. However, the Court&#8217;s findings above  in relation to Article 2 and, in particular, the conduct of the  investigation  leave no doubt that the authorities failed to take prompt and effective  measures to defend them against the risk of disappearance.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">88.\u00a0\u00a0In view of the foregoing,  the Court finds that Usman Umalatov and Shamad Durdiyev were held in  unacknowledged detention without any of the safeguards contained in  Article 5. This constitutes a particularly grave violation of the right  to liberty and security enshrined in Article 5 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VI.\u00a0\u00a0ALLEGED VIOLATION OF ARTICLE  13 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">89.\u00a0\u00a0The   applicants complained that they had been deprived of effective remedies  in respect of the aforementioned violations, contrary to Article 13  of the Convention, which provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cEveryone whose rights and freedoms as set  forth in [the] Convention are violated shall have an effective remedy  before a national authority notwithstanding that the violation has been  committed by persons acting in an official capacity.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0The parties&#8217; submissions<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">90.\u00a0\u00a0The Government contended  that the applicants had had effective remedies at their disposal as  required by Article 13 of the Convention and that the authorities had  not prevented them from using them. The applicants had had an  opportunity  to challenge the acts or omissions of the investigating authorities  in court pursuant to Article 125 of the Code of Criminal Procedure and  had availed themselves of it. They added that participants in criminal  proceedings could also claim damages in civil proceedings and referred  to a case where victims in criminal proceedings had been awarded damages   from the prosecutor&#8217;s office. In sum, the Government submitted that  there had been no violation of Article 13.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">91.\u00a0\u00a0The applicants reiterated  the complaint.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0The Court&#8217;s assessment<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Admissibility<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">92.\u00a0\u00a0The   Court notes that this complaint is not manifestly ill-founded within  the meaning of Article 35 \u00a7 3 of the Convention. It further notes that  it is not inadmissible on any other grounds. It must therefore be  declared  admissible.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Merits<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">93.\u00a0\u00a0The   Court reiterates that in circumstances where, as here, a criminal  investigation  into the disappearance has been ineffective and the effectiveness of  any other remedy that might have existed, including civil remedies  suggested  by the Government, has consequently been undermined, the State has  failed  in its obligation under Article\u00a013 of the Convention (see Khashiyev and Akayeva, cited above,  \u00a7\u00a0183).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">94.\u00a0\u00a0Consequently,   there has been a violation of Article 13 in conjunction with Article  2 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VII.\u00a0\u00a0ALLEGED VIOLATIONS OF ARTICLES   34 AND 38 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">95.\u00a0\u00a0The   applicants argued that the Government&#8217;s failure to submit the documents  requested by the Court, namely the entire criminal investigation file,  disclosed a failure to comply with their obligations under Articles  34 and 38 \u00a7 1 (a) of the Convention. The Court finds that in the  circumstances  of the present case the above issue should be examined under Article  34 of the Convention, which provides as follows:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cThe Court may receive applications from any  person, non-governmental organisation or group of individuals claiming  to be the victim of a violation by one of the High Contracting Parties  of the rights set forth in the Convention or the Protocols thereto.  The High Contracting Parties undertake not to hinder in any way the  effective exercise of this right.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">96.\u00a0\u00a0The   Court points out that it has already taken note of the Government&#8217;s  failure to produce a copy of the investigation file and drawn inferences   from it. Nevertheless, it reiterates that the main objective of Article  34 of the Convention is to ensure the effective operation of the right  of individual petition. There is no indication in the present case that  there has been any hindrance of the applicants&#8217; right of individual  petition, either in the form of interference with the communication  between the applicants or their representatives and the Court, or in  the form of undue pressure placed on the applicants.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">97.\u00a0\u00a0It   follows that this part of the application  should be rejected pursuant to Article 35 \u00a7\u00a7 3 and 4 of the Convention.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">VIII.\u00a0\u00a0APPLICATION  OF ARTICLE 41 OF THE CONVENTION<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">98.\u00a0\u00a0Article   41 of the Convention provides:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">\u201cIf the Court finds that there has been a  violation  of the Convention or the Protocols thereto, and if the internal law  of the High Contracting Party concerned allows only partial reparation  to be made, the Court shall, if necessary, afford just satisfaction  to the injured party.\u201d<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">A.\u00a0\u00a0Pecuniary damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">99.\u00a0\u00a0The   applicants claimed damages in respect of loss of earnings by their  relatives  after their arrests and subsequent disappearances. They did not provide  any calculations or attesting documents, but indicated that the first  and third applicants were pensioners and had counted on the financial  support of their sons. The second applicant had lost her husband and  thus the financial support he could have provided to her. Each applicant   claimed 15,000 euros (EUR).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">100.\u00a0\u00a0The   Government regarded these claims as based on suppositions and unfounded.   They also pointed to the existence of domestic statutory machinery for  the provision of a pension for the loss of the family breadwinner.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">101.\u00a0\u00a0The   Court reiterates that there must be a clear causal connection between  the damage claimed by the applicants and the violation of the  Convention.  Furthermore, under Rule 60 of the Rules of Court any claim for just  satisfaction must be itemised and submitted in writing together with  the relevant supporting documents or vouchers, \u201cfailing which the  Chamber may reject the claim in whole or in part\u201d. Since the applicants  have failed to produce any calculations or justifications regarding  the pecuniary damage claimed, the Court decides to make no award under  this head (see Elmurzayev and Others v. Russia, no.  3019\/04, \u00a7 156, 12 June  2008).<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">B.\u00a0\u00a0Non-pecuniary damage<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">102.\u00a0\u00a0The   first and the third applicants claimed EUR\u00a0100,000 and the second  applicant  claimed EUR\u00a0150,000 in respect of non-pecuniary damage for the suffering   they had endured as a result of the loss of their family members, the  indifference shown by the authorities towards them and the failure to  provide any information about the fate of their close relatives.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">103.\u00a0\u00a0The   Government found these amounts exaggerated.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">104.\u00a0\u00a0The   Court has found a violation of Articles 2, 5 and 13 of the Convention  on account of the unacknowledged detention and disappearance of the  applicants&#8217; relatives. The applicants themselves have been found to  have been victims of a violation of Article 3 of the Convention. The  Court thus accepts that they have suffered non-pecuniary damage which  cannot be compensated for solely by the findings of violations. It  awards  to the first and second applicants jointly EUR\u00a060,000 and to the third  applicant EUR\u00a060,000, plus any tax that may be chargeable thereon.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">C.\u00a0\u00a0Costs and expenses<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">105.\u00a0\u00a0The   applicants also claimed EUR\u00a05,600 for the costs and expenses incurred  before the Court. They listed four lawyers who had worked in 2004, 2005  and 2008 on this complaint and asked to be reimbursed for the costs  of translation.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">106.\u00a0\u00a0The   Government left the issue of costs to the Court&#8217;s discretion.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">107.\u00a0\u00a0The   Court may make an award in respect of costs and expenses in so far that  they were actually and necessarily incurred and are reasonable as to  quantum (see Bottazzi v. Italy [GC],  no.\u00a034884\/97, \u00a7\u00a030, ECHR 1999-V and Sawicka  v. Poland, no. 37645\/97, \u00a7 54, 1 October 2002). In the  present case the Court notes that the initial powers of attorney were  issued in respect of two lawyers of the International Protection Centre,   Mrs\u00a0Moskalenko and Mrs Arutyunyan, who prepared the initial application  form. In February 2005 the first and the third applicants issued powers  of attorney for Mrs Mikhaylova and Mr Magomadov. The applicants&#8217;  observations  were submitted by Mrs Moskalenko and Mrs Mikhaylova. The Court is unable   to award any costs allegedly incurred by Mr Magomadov (the claim of  EUR\u00a02,000) in the absence of any information about his involvement in  the preparation of the case. The Court awards to the applicants the  global sum of EUR 3,600, less the sum of EUR 850 received in legal aid  from the Council of Europe.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">D.\u00a0\u00a0Default interest<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">108.\u00a0\u00a0The   Court considers it appropriate that the default interest should be based   on the marginal lending rate of the European Central Bank, to which  should be added three percentage points.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">FOR THESE REASONS, THE COURT UNANIMOUSLY<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">1.\u00a0\u00a0Declares  the complaints under Articles 2, 3, 5 and 13 of the  Convention admissible and the remainder inadmissible;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">2.\u00a0\u00a0Holds that  there has been a substantive violation of Article\u00a02  of the Convention in respect of Usman Umalatov and Shamad Durdiyev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">3.\u00a0\u00a0Holds that  there has been a violation of Article\u00a02 of the Convention  in respect of the failure to conduct an effective investigation into  the circumstances in which Usman Umalatov and Shamad Durdiyev  disappeared;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">4.\u00a0\u00a0Holds  that there has been a violation of Article\u00a03 of the Convention  in respect of the applicants;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">5.\u00a0\u00a0Holds that  there has been a violation of Article\u00a05 of the Convention  in respect of Usman Umalatov and Shamad Durdiyev;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">6.\u00a0\u00a0Holds   that there has been a violation of Article\u00a013 of the Convention in  respect  of the alleged violations of Article 2 of the Convention;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">7.\u00a0\u00a0Holds<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(a)\u00a0\u00a0that the respondent State is to pay,  within three months from the date on which the judgment becomes final  in accordance with Article\u00a044\u00a0\u00a7\u00a02 of the Convention, the following  amounts,  to be converted into Russian roubles at the date of settlement:<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(i)\u00a0\u00a0EUR\u00a060,000 (sixty thousand euros),  plus  any tax that may be chargeable, in respect of non-pecuniary damage to  the first and the second applicants jointly;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(ii)\u00a0\u00a0EUR\u00a060,000 (sixty thousand euros),  plus  any tax that may be chargeable, in respect of non-pecuniary damage to  the third applicant;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(iii)\u00a0\u00a0EUR\u00a02,750 (two thousand seven  hundred  and fifty euros), plus any tax that may be chargeable to the applicants,   in respect of costs and expenses, to be paid into the representatives&#8217;  bank account;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">(b)\u00a0\u00a0that from the expiry of the  above-mentioned  three months until settlement simple interest shall be payable on the  above amounts at a rate equal to the marginal lending rate of the  European  Central Bank during the default period plus three percentage points;<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">8.\u00a0\u00a0Dismisses  the remainder of the applicants&#8217; claim for just satisfaction.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">Done in English, and notified in writing   on 8 April 2010, pursuant to Rule 77 \u00a7\u00a7 2 and 3 of the Rules of Court.<\/span><\/p>\n<p style=\"text-align: justify;\"><span style=\"color: #000000;\">S\u00f8ren  Nielsen\u00a0Christos  Rozakis<br \/>\nRegistrar\u00a0President<\/span><\/p>\n<p><strong> <\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The ECHR cases of Abayeva and Others v. Russia (no. 2952\/06); Abdurashidova v. Russia (no. 32968\/05); Mudayevy v. Russia (no. 33105\/05); Sadulayeva v. Russia (no. 38570\/05); Seriyevy v. Russia (no. 20201\/05); Tasatayevy v. Russia (no. 37541\/05); and Umalatov and Others v. Russia (no. 8345\/05).<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[15],"tags":[263,1068],"class_list":["post-5206","post","type-post","status-publish","format-standard","hentry","category-echr-cases","tag-echr","tag-european-court-of-human-rights"],"views":1751,"_links":{"self":[{"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/posts\/5206","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/comments?post=5206"}],"version-history":[{"count":5,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/posts\/5206\/revisions"}],"predecessor-version":[{"id":5212,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/posts\/5206\/revisions\/5212"}],"wp:attachment":[{"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/media?parent=5206"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/categories?post=5206"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.waynakh.com\/eng\/wp-json\/wp\/v2\/tags?post=5206"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}