CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 18 février 2010

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page-break-after:avoid } .sAB173E38 { margin-top:12pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .s127C7598 { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sD66C1369 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt; text-align:justify } .s60723A49 { margin-top:0pt; margin-left:39.7pt; margin-bottom:0pt; text-align:justify } .s81CCF55C { margin-top:0pt; margin-left:17pt; margin-bottom:12pt; text-indent:-17pt; text-align:justify } .s48DB3670 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s7CB9076 { margin-top:36pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .s507451D6 { width:4.53pt; display:inline-block } .s4A0CEAF8 { width:194.77pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block }     FIRST SECTION                 CASE OF IRISKHANOVA AND IRISKHANOV v. RUSSIA   (Application no. 35869/05)           JUDGMENT       STRASBOURG   18 February 2010   FINAL   28/06/2010   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Iriskhanova and Iriskhanov v. Russia, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Christos Rozakis, President,   Anatoly Kovler,   Elisabeth Steiner,   Dean Spielmann,   Sverre Erik Jebens,   Giorgio Malinverni,   George Nicolaou, judges, and Søren Nielsen, Section Registrar , Having deliberated in private on 28 January 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 35869/05) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Russian nationals, Ms Zukhrat Iriskhanova and Mr Umar-Ail Iriskhanov (“the applicants”), on 28 September 2005. 2.     The applicants were represented by lawyers of the Stichting Russian Justice Initiative (“SRJI”), an NGO based in the Netherlands with a representative office in Russia. The Russian Government (“the Government”) 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. 3.     On 18 March 2008 the Court decided to apply Rule   41 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 § 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's request not to make the documents from the criminal investigation file deposited with the Registry in connection with the application publicly accessible (Rule 33 of the Rules of Court). 4.     The Government objected to the joint examination of the admissibility and merits of the application. Having considered the Government's objection, the Court dismissed it. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicants were born in 1957 and 1955 respectively. They live in Samashki, Chechnya. They are the parents of Zurab Iriskhanov, who was born in 1980. A.     Disappearance of Zurab Iriskhanov 1.     The applicants' account 6.     At the material time Zurab Iriskhanov was a student at the Grozny State Oil Academy and was positively assessed by its administration. His brother Gilani Iriskhanov was in the 10 th grade at the local school. The brothers lived with their parents and other relatives at 10   Novaya Street in Samashki village in the Achkhoy-Martan district of Chechnya. At the material time the settlement was under a curfew. Russian military checkpoints were situated on the roads leading to and from the village. 7.     In the evening of 19 June 2002 the applicants, their sons Zurab and Gilani Iriskhanov and other relatives were at home. At about 7 p.m. three APCs (armoured personnel carriers) with a group of armed men arrived at the house. Another APC arrived in a neighbouring street and parked close to the applicants' house. 8.     The group consisted of approximately thirty to forty men of Slavic appearance. They were armed with machine guns and spoke unaccented Russian. The men neither introduced themselves nor produced any documents. The applicants thought that they were Russian military servicemen. 9.     The servicemen surrounded the applicants' house. The first applicant heard one of the officers, whom the others called “Lyekha” (' Лëха') , calling somebody on his portable radio and reporting: “These men are not here...” and the response: “Take the other ones as well”. When the first applicant asked the officers what was going on, they swore at her and threatened to shoot her. 10.     When Zurab and Gilani Iriskhanov heard the APCs they ran outside. The servicemen opened fire on them. As a result, Zurab Iriskhanov was wounded and Gilani Iriskhanov was hit on the head with a gun butt and forced to the ground. The servicemen handcuffed Zurab and Gilani Iriskhanov, put sacks over their heads, kicked them and beat them with gun butts. After that they dragged the brothers to the APCs and put them into different vehicles. 11.     Meanwhile some of the servicemen searched the applicants' house. They did not inform the applicants of what they were looking for. It appears that they did not find anything of interest to them. After the search the APCs drove away in the direction of the Samashki military commander's office. 12.     The abduction of Zurab and Gilani Iriskhanov was witnessed by a number of the applicants' relatives and neighbours. 13.     The description of the events of the evening of 19 June 2002 is based on the following accounts: two accounts by the first applicant, one dated 20   February 2005 and one undated; an account by the applicants' neighbour Ms A.Sh. (undated); an account by the applicants' neighbour Ms A. M. (undated); an account by the applicants' neighbour Ms A.A. (undated); an account by the applicants' neighbour Ms Z.K. dated 21 August 2005; an account by the applicants' neighbour Ms A.M. (undated); two accounts by a number of residents of Samashki (undated); a hand-drawn map of the premises and an article published in the newspaper Pravo-Zashchita (“ Право-Защита ”) in the issue for 5 June 2003. 2.     Information submitted by the Government 14.     The Government did not challenge most of the facts as presented by the applicants. According to their submission “...the reason for the opening of the criminal case was the complaint by Z. Iriskhanova lodged on 21 June 2002 about the abduction of her sons Zurab Iriskhanov, who was born in 1980, and Gilani Iriskhanov, who was born in 1983, on 19 th June 2002. B.     The search for Zurab Iriskhanov and the investigation 1.     The applicants' account 15.     Since 19   June 2002 the applicants have repeatedly applied in person and in writing to various public bodies. They were supported in their efforts by the SRJI. In their letters to the authorities the applicants referred to their son'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 applicants' requests have been forwarded to various prosecutors' offices. The applicants submitted some of the letters to the authorities and the replies to the Court, which are summarised below. a. The applicants' search for their sons 16.     Immediately after the abduction of their sons the applicants, along with other residents of the village, went to the Samashki military commander's office (the military commander's office). It appears that by midnight of 19 June 2002 a crowd of almost 300 local residents gathered there. They demanded the release of Zurab and Gilani Iriskhanov and the reasons why they had been taken away by the servicemen. 17.     At about midnight on 19 June 2002 the head of the local department of the interior, officer L.S., came out of the military commander's office building and told the crowd that Zurab and Gilani Iriskhanov would be released at 7 a.m. on the following morning, 20 June 2002. 18.     In the morning of 20 June 2002 the applicants and other residents of the village returned to the military commander's office. At the office they were told that Zurab and Gilani Iriskhanov had not been detained on their premises. No explanation was provided concerning the whereabouts of the brothers. The applicants and their relatives decided to wait for the news about Zurab and Gilani Iriskhanov at the entrance to the building. They waited until midnight on 20 June 2002. 19.     In the morning of 21 June 2002 the first applicant went to the Achkhoy-Martan district prosecutor's office (the district prosecutor's office) and asked them to come to the military commander's office. At about 10   a.m. the district prosecutor arrived at the military commander's office. Having spent about twenty minutes in the building, the prosecutor came out and told the applicants that about fifteen minutes before, on that very same morning, Zurab and Gilani Iriskhanov had been taken by helicopter to the main Russian military base in Khankala, Chechnya. A number of local residents saw the helicopter taking off from the yard of the military commander's office. After that three APCs drove out of the yard. Employees of the military prosecutor's office told the applicants that these APCs had arrived from the military base in Khankala. 20.     When the applicants asked the district prosecutor for assistance in expediting the release of their sons, the latter told them that he could not do anything about it, as when he had arrived at the military commander's office even he had had to surrender his service gun to enter the building. 21.     On several occasions from 21 to 23 June 2002 the applicants went to the military base in Khankala. The servicemen there told them that Zurab and Gilani Iriskhanov had been transferred to the ORB-2 (operational search bureau) of the Grozny department of the interior (the Grozny OVD). 22.     On 26 June 2002 the applicants found a note in their yard. The letter stated that Gilani Iriskhanov had been detained in the ORB-2 of the Grozny OVD and that the applicants could pick him up from there. 23.   In the morning of 27 June 2002 the applicants went to the ORB-2 in Grozny. Gilani Iriskhanov was released in exchange for money. The applicants were told that he had been transferred to the ORB-2 from the military base in Khankala. No information was available about the whereabouts of Zurab Iriskhanov. 24.     While in detention Gilani Iriskhanov had been beaten and questioned about the whereabouts of his uncle, a member of illegal armed groups. After his release Gilani Iriskhanov underwent medical treatment in the Malgobek district hospital. Neither the applicants nor Gilani Iriskhanov complained to domestic authorities that he had been ill-treated. b. The official investigation into the disappearance 25.     On 20 June 2002 the applicants complained to the district prosecutor's office that their sons had been abducted. They also informed them of the registration numbers of the APCs which had taken away their sons on 19   June 2002. 26.     On 24 June 2002 the district prosecutor's office instituted an investigation into the abduction of Zurab and Gilani Iriskhanov under Article 126 §   2 of the Criminal Code (aggravated kidnapping). The case file was given the number 63045. 27.     On 16 April 2003 the first applicant requested the district prosecutor's office to assist her in the search for Zurab Iriskhanov. 28.     On 19 April 2003 the district prosecutor's office informed the first applicant that they had been taking operational search measures to establish the whereabouts of Zurab Iriskhanov and identify the perpetrators of the crime. 29.     On 28 April 2003 the Chief Military Prosecutor's office forwarded the first applicant's complaint that her son had been abducted by Russian military servicemen to the military prosecutor's office of the United Group Alignment (the military prosecutor's office of the UGA). 30.     On 10 July 2003 the military prosecutor's office of the UGA forwarded the first applicant's complaint to the military prosecutor's office of military unit no.   20102 for examination. 31.     On 27 June 2003 the Achkhoy-Martan district military commander informed the first applicant that his office had no information concerning any unlawful actions of the Russian military servicemen on 19 June 2002. 32.     On 11 May 2005 the district prosecutor's office informed the first applicant that on an unspecified date the investigation of criminal case no.   63045 had been resumed. 2.     Information submitted by the Government 33.     According to the documents submitted by the Government, the first applicant complained on 21 June 2002 to the district prosecutor's office that her sons had been abducted. In her letter she stated that her sons had been abducted by Russian servicemen who had arrived in APCs; that they had been detained for some time at the checkpoint located on the Sunzhenskiy mountain ridge; and that thirty-four other residents of the Achkhoy-Martan district had been detained there on 18 and 19 June 2002. 34.     The Government submitted that the investigation of the criminal case opened in connection with the abduction of Zurab and Gilani Iriskhanov by “unidentified men” had commenced on 24 June 2002. 35.     On 24 June 2002 the investigators conducted a crime scene examination at the applicants' house. Nothing was collected from the scene. 36.     On 24 June 2002 the first applicant was granted victim status in the criminal case and questioned. She stated that at about 8 p.m. on 19 June 2002 three APCs with a group of about fifty military servicemen had arrived at her yard. The registration numbers on the vehicles had been covered with mud. The servicemen were armed; they swore a lot and fired gunshots in the air. They grabbed Gilani Iriskhanov, beat him with rifle butts and put him into one of the APCs. Her second son, Zurab, tried to run away from the soldiers through the back yard, but he was caught in the vegetable garden, beaten with rifle butts and placed in another APC. The abduction of her sons took about five minutes; due to the gunshots fired by the abductors, a number of neighbours gathered next to her house and witnessed the abduction. After that the APCs drove to the military commander's office in Samashki. The applicant and her neighbours went there to inquire about the reasons for the arrest of Zurab and Gilani Iriskhanov; they waited at the entrance to the office until 11 p.m. According to the applicant, that evening she managed to speak to the military commander, who promised her that her sons would be released on the following morning. The applicant also found out that her sons' abductors were not from the local military commander's office, that they were stationed there temporarily and were from an unidentified military unit. The applicant and her neighbours spent several days waiting for news about the abducted brothers; while they were waiting they saw a helicopter, which landed in the yard of the military commander's office and took off about ten minutes later; after that the abductors drove away from the military commander's office building in four APCs and six Ural lorries with tented backs. On the third day after the abduction some employees of the military commander's office informed the applicant that Gilani and Zurab Iriskhanov had been taken by helicopter to Khankala, Chechnya. 37.     On 27 June 2002 the investigators questioned the applicants' neighbour Ms R.Yu., who stated that at about 8 p.m. on 19 June 2002 she had been at home when she had heard gunfire. Through the fence she had seen a group of about ten men in camouflage uniforms and armed with automatic weapons in the Iriskhanovs' vegetable garden. These men had taken a young man from there and put him in an APC. After the military vehicle had left she learnt from the first applicant that the armed men had abducted her sons. 38.     On 27 June 2002 the investigators questioned the applicants' relative, Ms Kh.Ch., whose statement concerning the circumstances of the abduction of Gilani and Zurab Iriskhanov by military servicemen and the subsequent events was similar to the first applicant's statement of 24 June 2002. 39.     On 27 June 2002 the investigators questioned the applicants' neighbour, Ms L.A., who stated that at about 8 p.m. on 19 June 2002 she had heard from her house gunshots, screams, loud swearing in Russian and the noise of armoured vehicles. After the shooting had stopped, she had gone to the Iriskhanovs, where the first applicant had told her that armed men in camouflage uniforms, who had arrived in APCs, had taken away her son Zurab Iriskhanov. 40.     On 27 June 2002 the investigators also questioned the applicants' neighbour, Ms A.M. who stated that at about 8 p.m. on 19 June 2002 she had been at home when she had heard gunshots. She had gone out into the street, where she had seen an APC and a group of nine armed men in camouflage uniforms standing next to it and swearing in Russian. Her neighbour, the first applicant, was standing next to the gate crying. After the APC had gone she found out from the first applicant that the men had beaten and abducted her son Zurab Iriskhanov. On 8 June 2005 the witness was questioned again and stated that after the military servicemen had taken away Gilani and Zurab Iriskhanov, the applicants and about 300 other residents of the village had gone to the local military commander's office, where they had spent three days waiting for news of the abducted men. On 1   July 2002 Gilani had returned home; according to the applicants, he had been handed over to them by officers of the Regional Department of the Fight Against Organised Crime of the Ministry of the Interior (the RUBOP) and that he had been detained in a pre-trial detention centre in Grozny. 41.   On 28 June 2002 the investigators questioned Gilani Iriskhanov, who stated that at about 8 p.m. on 19 June 2002 two APCs with a group of about fifty unidentified armed men in camouflage uniforms had arrived at his family's house. The men placed him in one of the APCs. His brother Zurab had tried to run away from them, but was caught and also put into the APC. After that the brothers were taken to the military commander's office in Samashki, where they were detained for two days; on the third day they were taken by a helicopter to Khankala, where they were detained for three more days. After that they were taken to the RUBOP in Grozny. Throughout the detention the brothers were kept separately and did not see each other. According to the witness, he was not beaten during the detention. On 27 July 2002 he was released and returned home. The Government did not provide a copy of this witness statement. 42.     On 28 and 29 June 2002 the investigators questioned the applicants' neighbours, Ms M.S. and Ms Ma.S., whose statements concerning the circumstances of the abduction were similar to the one provided by Ms   A.M. 43.     On 30 June 2002 the investigators questioned the applicants' neighbour, Ms G.A., who stated that at about 8 p.m. on 19 June 2002 she had been at home when she had heard gunshots and gone outside. In the vegetable garden adjacent to the Iriskhanov family's garden she had seen a group of about ten armed men in camouflage uniforms and an APC in the street. The armed men put Zurab Iriskhanov into the APC and took him away. 44.     On 26 and 30 June and 5 July 2002 the investigators requested the ROVD and other district departments of the interior in Chechnya to take operational search measures to identify and question witnesses to Zurab Iriskhanov's abduction, to establish whether he had been detained by local law-enforcement and military structures, whether he was detained in any of the detention centres of the Achkhoy-Martan district and whether his corpse had been found. According to the replies of 27-29 August and 2, 4, 6, 16, 17 and 20 September 2002, Zurab Iriskhanov had not been detained by the State authorities and his corpse had not been found. 45.     On 13, 15, 16, 17, 19, 20 and 22–26 May and 1, 3-5, 9 and 10 June 2005 the investigators questioned a number of the applicants' fellow villagers, including Ms L.Z., Ms Z.Kh., Mr M.T., Ms Z.S., Mr S.G., Mr   Kh.S., Mr A.S., Mr Kh.I., Ms S.Ch., Mr A.O., Mr I.A., Mr M.I., Mr   M.G., Mr Sh. M., Ms Z.A., Mr M.D., Ms Kh.U. , Mr A.U., Mr I.S., Mr   A.A., Ms Kh.M., Ms M.D., Mr D.Kh. and Ms T.Sh., all of whom provided similar statements concerning the abduction. The witnesses stated that they had not witnessed the events, but had been informed by their relatives and neighbours that in the evening of 19 June 2002 a group of military servicemen had arrived at the Iriskhanovs' house in three APCs, opened fire and taken away Zurab and Gilani Iriskhanov and that at some point later Gilani Iriskhanov had been released and returned home. 46.     On 20 May and 11 June 2005 the investigators questioned the applicants' neighbours Ms T.A. and Ms L.M. accordingly, who provided similar statements concerning the circumstances surrounding the abduction. According to the witnesses, they had been at home when they had heard armoured vehicles and gunfire. They had seen armed men in camouflage uniforms in the street, got scared and stayed inside. About half an hour later, when the shooting was over, they went to the Iriskhanovs' and learnt about the abduction of their sons. After that along with the applicants and about 300 other residents of the village they went to the local military commander's office to obtain information about the abducted brothers. They spent three days next to the office waiting for the news, but to no avail. On the third day they saw a helicopter land on the premises of the office and take off about ten minutes later. Shortly afterwards several armoured vehicles drove out of the yard of the military commander's office; their registration numbers were covered with mud. However, it started raining and those present were able to see the numbers when the mud was washed off by the rain. They wrote them down and submitted them to the authorities in their collective letter. They witnesses further stated that the Iriskhanov brothers had been taken by helicopter to Khankala, Chechnya. 47.     On 19, 20, 23 and 25 May and 1, 6 and 9 June 2005 the investigators questioned the applicants' neighbours, Ms Kh.Ts., Ms M.D., Ms Z.Sh., Mr   R.A., Ms R.Kh., Mr Kh.Z., Ms M.A. and Ms R.I., whose statements concerning the events surrounding the abduction were similar to those provided by Ms T.A. and Ms L.M. 48.     On 5 June 2005 the investigators questioned the applicants' neighbour, Ms M.T., who stated that at about 6 p.m. on 19 June 2002 she had been at home and had gone out in the street and seen military armoured vehicles. It was the third time the vehicles had arrived in her street that day. This time they stopped at the Iriskhanovs' house. From the balcony she saw three APCs with military servicemen in camouflage uniforms; the servicemen opened fire and the shooting lasted for about half an hour. According to the witness, she watched Gilani Iriskhanov being taken away. After the shooting was over she went to the Iriskhanovs' house, where she was told that the soldiers had also taken away Zurab Iriskhanov. 49.     On 6 June 2005 the investigators questioned the deputy head of the Samashki village administration, Mr Kh.Ts., who stated that in the summer of 2002 he had learnt about the abduction of the Iriskhanov brothers by military servicemen. According to the witness, the brothers had not participated in the activities of illegal armed groups. 50.     On 7 June 2005 the investigators questioned the applicants' neighbour, Ms Z.N., who stated that at about 7 p.m. on 19 June 2002 she had been at home when she had heard armoured vehicles in the street. She had gone outside and next to the Iriskhanovs' house she had seen three APCs and a group of military servicemen, who had just opened fire. After the shooting was over, she went to the applicants' house and learnt that the servicemen had taken away their sons Gilani and Zurab. Then about 300   local residents gathered and went to the military commander's office. For three days they waited for news of the abducted men, but to no avail. On the third day a convoy of military vehicles drove away from the military commander's office. The locals wrote down the registration numbers of the vehicles and provided them to the authorities in a collective letter, signed by a number of local residents including the witness. 51.     On 11 June 2005 the investigators questioned the applicants' neighbour, Ms M. Dzh., who provided a statement similar to those given by her fellow villagers (see paragraph 45 above). In addition, she stated that on the third day they had been waiting at the military commander's office, a helicopter had landed there for about ten minutes and then had taken off again. After that a convoy of APCs and Ural military lorries had driven away from the military commander's office; their numbers had been written down by the residents, who had submitted them later to the authorities in a collective letter. According to the witness, these were the same military vehicles which had participated in the abduction of the applicants' relatives. 52.     On 16 August 2007 the investigators questioned the second applicant, who stated that at about 8 p.m. on 19 June 2002 he had been at home when he had heard gunshots. He had gone into the street and seen his son Zurab being forced into an APC. His other son, Gilani, was in the vegetable garden with his hands up and then was also forced into an APC. After the brothers had been forced inside, the vehicles drove away. Several days later the applicant learnt that his sons were detained in the RUBOP in Grozny; some time later Gilani was released, but Zurab never returned home. 53.     According to the Government, the investigators also requested information about the disappearance from various State authorities. According to the responses received from various district prosecutors' offices, district departments of the interior, military prosecutors' offices, and detention centres in the Southern Federal Circuit, no information concerning the detention of Zurab Iriskhanov or the discovery of his corpse was available. 54.     Although the investigation failed to establish the whereabouts of Zurab Iriskhanov, the investigators sent requests for information to the competent State agencies and took other steps to have the crime resolved. The law enforcement authorities of Chechnya had never arrested or detained Zurab Iriskhanov 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 applicants' son. 55.     The Government submitted the investigation had found no evidence to support the involvement of the federal forces in the crime and that the investigators were verifying two theories concerning the abduction. Firstly, that Zurab Iriskhanov had staged his abduction with the assistance of his close relatives in order to join illegal armed groups. Secondly, that he had been kidnapped by criminals for a ransom. No documents pertaining to the verification of these theories by the authorities were submitted by the Government. 56.     According to the Government, the investigation into the abduction of the applicant's son was suspended and resumed on several occasions; it has so far failed to establish his whereabouts or the identity of the perpetrators of his kidnapping. The applicants had been duly informed of all decisions taken during the investigation. 57.     Despite specific requests by the Court the Government did not disclose the entire contents of criminal case no.   63045, providing only copies of a number of documents, running to 229 pages. 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 information and personal data concerning witnesses or other participants in criminal proceedings. II.   RELEVANT DOMESTIC LAW 58.     For a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia (no. 40464/02, §§   67-69, 10   May 2007). THE LAW I.     THE GOVERNMENT'S OBJECTION REGARDING NON ‑ EXHAUSTION OF DOMESTIC REMEDIES A.     The parties' submissions 59.     The Government contended that the complaint should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Zurab Iriskhanov had not yet been completed. They further argued that it had been open to the applicants to challenge in court any acts or omissions on the part of the investigating authorities, but that the applicants had not availed themselves of that remedy. They also argued that it had been open to the applicants to pursue civil complaints but that they had failed to do so. 60.     The applicants contested that objection. They stated that the only effective remedy in their case, the criminal investigation into the disappearance, had proved to be ineffective. Referring to the other cases concerning forced disappearances in Chechnya which had been reviewed by the Court, they also alleged that the ineffectiveness of the criminal investigation rendered any other potential remedy, including civil claims, illusory and inadequate in their case. B.     The Court's assessment 61.     The 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, §§ 73-74, 12   October 2006). 62.     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. 63.     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.   Russia , nos.   57942/00 and 57945/00, §§   119-121, 24 February 2005, and Estamirov and Others , cited above, §   77). In the light of the above, the Court confirms that the applicants were not obliged to pursue civil remedies. The Government's objection in this regard is thus dismissed. 64.     As regards criminal law remedies, the Court observes that the applicants complained to the law enforcement authorities shortly after the kidnapping of Zurab Iriskhanov and that an investigation has been pending since 24 June 2002. The applicants and the Government dispute the effectiveness of the investigation of the kidnapping. 65.     The Court considers that the Government's objection raises issues concerning the effectiveness of the investigation which are closely linked to the merits of the applicants' complaints. Thus, it decides to join this objection to the merits of the case and considers that the issue falls to be examined below. II.   THE COURT'S ASSESSMENT OF THE EVIDENCE AND THE ESTABLISHMENT OF THE FACTS A.     The parties' arguments 66.     The applicants maintained that it was beyond reasonable doubt that the men who had taken away Zurab Iriskhanov were State agents. In support of their complaint they referred to the following facts. At the material time Samashki had been under the total control of federal troops. There had been Russian military checkpoints at the roads leading to and from the village. The armed men who had abducted Zurab Iriskhanov had Slavic features and spoke Russian without an accent, which proved that they were not of Chechen origin. The men had arrived at the applicants' house late in the evening, which indicated that they had been able to move around past curfew. They had arrived in APCs, the military vehicles which had been deployed at the time only by State representatives. The men acted in a manner similar to that of special forces carrying out identity checks. They were wearing specific camouflage uniforms, were armed and had portable radios. The men fired a number of shots without fear of being heard by law enforcement agencies located in the village. The officer who had come out to the applicants and their neighbours from the local military commander's office had confirmed that Zurab and Gilani Iriskhanov had been detained in their office. All the information disclosed from the criminal investigation file supported their assertion as to the involvement of State agents in the abduction. Since their son 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. 67.     The Government submitted that unidentified armed men had kidnapped Zurab Iriskhanov. 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' rights. The Government asserted that the abduction could have been attributable to criminals who could have kidnapped Zurab Iriskhanov for a ransom or that he could have staged his abduction with the assistance of his relatives, in order to join illegal armed groups. They further argued that there was no convincing evidence that the applicants' relative was dead. The Government raised a number of objections to the applicants' presentation of the 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 or criminals pursuing mercenary goals. The Government further alleged that the applicants' description of the circumstances surrounding the abduction was inconsistent. In particular, the applicants' descriptions of the abductors and the insignia on their uniforms were not sufficiently precise and Gilani Iriskhanov's allegations about his subsequent detention in the local law enforcement agencies were unsubstantiated. B.     The Court's evaluation of the facts 68.     The 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, §§   103-109, 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 , §   161, Series A no. 25). 69.     The Court notes that despite its requests for a copy of the investigation file into the abduction of Zurab Iriskhanov, 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, § 123, ECHR 2006- ... (extracts)). 70.     In view of this and bearing in mind the principles referred to above, the Court finds that it can draw inferences from the Government's conduct in respect of the well-foundedness of the applicants' 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' son can be presumed dead and whether his death can be attributed to the authorities. 71.     The applicants alleged that the persons who had taken Zurab Iriskhanov away on 19   June 2002 and then killed him were State agents. 72.   The Government suggested in their submissions that the abductors of Zurab Iriskhanov may have been criminals pursuing mercenary goals or that he had staged his abduction himself in order to join illegal armed groups. However, these allegations were not specific and the Government did not submit any material whatsoever in support of them. 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 Çelikbilek v. Turkey , no.   27693/95, §   71, 31   May 2005). 73.     The Court notes that the applicants' 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 uniform during curfew hours equipped with military vehicles was able to move freely through military roadblocks and proceeded to check identity documents and take two persons away from their home strongly supports the applicants' allegation that these were State servicemen conducting a security operation. In their applications and witness statements to the authorities the applicants and the other witnesses consistently maintained that Zurab Iriskhanov had been detained by military servicemen, and requested the investigation to look into that possibility (see paragraphs 29, 33, 36-41, 46 and 50-52 above). 74.   The Government questioned the credibility of the applicants' 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' submissions of facts have been disputed by the Government. The Government did not furnish to the Court a number of witness statements to which they referred in their submissions. In the Court's view, the fact that over a period of several years the applicants' 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. 75.     The 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 Toğcu v. Turkey , no.   27601/95, §   95, 31 May 2005, and Akkum and Others v. Turkey , no.   21894/93, §   211, ECHR 2005 ‑ II). 76.     Taking into account the above elements, the Court is satisfied that the applicants have made a prima facie case that their son was abducted by State servicemen. The Government's statement that the investigators had not found any evidence to support the involvement of the special 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'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 Zurab Iriskhanov was arrested on 19   June 2002 by State servicemen during an unacknowledged security operation. 77.     There has been no reliable news of Zurab Iriskhanov 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. 78.     Having regard to 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.   69480/01, ECHR 2006 ‑ ... (extracts); Baysayeva v.   Russia , no. 74237/01, 5 April 2007; Akhmadova and Sadulayeva , cited above; and Alikhadzhiyeva v. Russia , no.   68007/01, 5   July 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 Zurab Iriskhanov or of any news of him for several years supports this assumption. 79.     Accordingly, the Court finds that the evidence available permits it to establish that Zurab Iriskhanov must be presumed dead following his unacknowledged detention by State servicemen. III.   ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION 80.     The applicants complained under Article 2 of the Convention that their 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: “1.   Everyone'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. 2.     Deprivation 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: (a)     in defence of any person from unlawful violence; (b)     in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c)     in action lawfully taken for the purpose of quelling a riot or insurrection.” A.     The parties' submissions 81. &#xa0