CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 8 avril 2010

.s800EAC49 { font-size:12pt } .s598389FB { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:14pt } .s29100277 { font-family:Arial; font-weight:bold } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA36B60A1 { font-family:Arial; font-style:italic } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sF5E1C6CF { font-family:Arial; font-weight:bold; text-decoration:underline; color:#ff0000 } .s6CCEAD68 { font-family:Arial; font-weight:bold; color:#ff0000 } .s491F5244 { font-family:Arial; font-style:italic; color:#ff0000 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .sBA727180 { width:35.3pt; display:inline-block } .sEC177689 { margin-top:0pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s87F05BA2 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s72F8249F { font-family:Arial; display:none } .sC443675D { margin-top:36pt; margin-bottom:30pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sD2857263 { margin-top:30pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s88A92475 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s434D37A9 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sF0957490 { margin-top:0pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s684F2214 { margin-top:18pt; margin-left:29.2pt; margin-bottom:24pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s33C53B69 { margin-top:24pt; margin-left:36.6pt; margin-bottom:18pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s360DA689 { margin-top:18pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s984A15CA { margin-top:6pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sD5DF731 { margin-top:0pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s8378218E { margin-top:12pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sC702907E { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s8F4EE4B8 { margin-top:6pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s25BD2B45 { margin-top:24pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } .s11869A80 { margin-top:0pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s7EE1C8F0 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s6477A72F { margin-top:0pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .s467D3C82 { margin-top:6pt; margin-left:28.35pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sCD71EA34 { margin-top:24pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s3B3A5DE9 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s6B505E72 { margin:0pt; padding-left:0pt } .s4608580C { margin-top:30pt; margin-left:11.67pt; margin-bottom:30pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:2.53pt; font-family:Arial } .s3C0142D3 { margin-top:30pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s377EF8D6 { margin-top:6pt; margin-left:28.35pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s272203FB { margin-top:12pt; margin-left:28.35pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s93EDF1FF { margin-top:18pt; margin-left:17.85pt; margin-bottom:30pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s9F223FEE { margin-top:18pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s507703F { margin-top:12pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .sA1CDB767 { margin-top:6pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s281358E1 { margin-top:12pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s8A9F351B { margin-top:12pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s804EF768 { margin-top:24pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s1913A4C6 { margin-top:6pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .sB6F98828 { margin-top:12pt; margin-left:36.6pt; margin-bottom:18pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sB1BD30C0 { margin-top:6pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s9D48DD53 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s8E011338 { margin-top:12pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s56E27C8 { margin-top:6pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .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 } .s11EE8375 { margin-top:0pt; margin-left:17pt; 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 ABAYEVA AND OTHERS v. RUSSIA   (Application no. 37542/05)             JUDGMENT       STRASBOURG   8 April 2010   FINAL   04/10/2010   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Abayeva and Others 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 18 March 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The 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 (“the Convention”) by four Russian nationals listed below (“the applicants”), on 9 September 2005. 2.     The applicants were represented by lawyers of the NGO EHRAC/Memorial Human Rights Centre. 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 17 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. 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 are: 1) Ms Arua Abayeva, born in 1949, 2) Ms Raminat Zhansayeva, born in 1983, 3) Mr Siddyk Abayev, born in 2000 and 4) Ms Malika Shaipova, born in 1947. 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. A.     The disappearance of Magomed-Ali Abayev and Anvar Shaipov and subsequent events 1.     The applicants' account a.   Abduction of Magomed-Ali Abayev and Anvar Shaipov 6.     At 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. 7.     At about 4 p.m. on 13 September 2000 Magomed-Ali Abayev and Anvar Shaipov left the first applicant'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. 8.     The applicants' 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's house and informed her and the second applicant about the arrest of Magomed-Ali Abayev and Anvar Shaipov at the checkpoint. 9.     The 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. 10.     After 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. 11.     At 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. 12.     Then the second applicant went to the fourth applicant'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 “West” group of the Russian federal forces ( группировка федеральных сил 'Запад' ) stationed in the village of Tangi-Chu in the Urus-Martan district, and that on 14 September 2000 the applicants' relatives would be brought back to Urus-Martan. 13.     In 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   R.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. b. The subsequent events 14.     On 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. 15.     On 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. 16.     In 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's house. He did not introduce himself. He told her that he had seen Anvar Shaipov at the headquarters of infantry regiment no.   245 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.   245 of the West group. The young man said he had never heard of Magomed-Ali Abayev. 17.     Since the end of September 2000 the applicants have had no news of their disappeared relatives. 2.     Information submitted by the Government 18.     The Government did not challenge most of the facts as presented by the applicants. According to their submission, “...on 15 August 2002 M.A.   Shaipova complained to the Urus-Martan district prosecutor'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... on 15   December 2000 a similar complaint was received by the Urus-Martan district prosecutor's office from A. Abayeva...”. B.     The search for Magomed-Ali Abayev and Anvar Shaipov and the investigation 1.     Information submitted by the applicants 19.     From 13   September 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' 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' requests have been forwarded to various prosecutors' offices. The applicants submitted some of their letters and the authorities' replies to the Court; these documents are summarised below. 20.     On 26 and 29 September 2000 the fourth applicant complained to the Urus-Martan district prosecutor's office (the district prosecutor's office) about her son'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.   245 of the West group of federal forces. 21.     On 1 October 2000 the district prosecutor's office forwarded the fourth applicant'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. 22.     On 19 November 2000 the district prosecutor's office informed the first applicant that Magomed-Ali Abayev and Anvar Shaipov had not been detained at the headquarters of infantry regiment no.   245. 23.     On 27 November 2000 the fourth applicant wrote to the ROVD. She described the circumstances of her son's arrest and stated that he had been seen in the village of Tangi-Chu, at the headquarters of infantry regiment no.   245 of the West group of Russian federal forces. 24.     On 21 August 2001 the Prosecutor General's office informed the first applicant that her request for assistance in the search for her son had been forwarded to the Chechnya prosecutor's office. 25.     On 21 September 2001 the district prosecutor's office forwarded the first applicant's complaint to the ROVD. 26.     On 1 October 2001 the first applicant complained to the district prosecutor'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'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. 27.     On 19 August 2002 the Chechnya department of the interior forwarded the fourth applicant's complaint to the ROVD, seeking a search for Anvar Shaipov to be set up. 28.     On 28 August 2002 the district prosecutor's office summoned the first applicant for questioning. 29.     On 22 January 2003 the fourth applicant complained to the Urus ‑ Martan district military commander's office (the district military commander's office). She described in detail the circumstances of her son's abduction and requested assistance in the search for Anvar Shaipov. 30.     On 6 February 2003 the district prosecutor'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 §   2 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). 31.     On 18 February 2003 the district prosecutor's office granted the fourth applicant victim status in the criminal case. 32.     On 9 March 2004 the first applicant complained to the district prosecutor'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'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. 33.     On 11 March 2004 the district prosecutor'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. 34.     On 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. 35.     On 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. 36.     On 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. 37.     On 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. 2.     Information submitted by the Government 38.     Referring to several witness statements, which are summarised below, and copies of some documents from the investigation file, the Government submitted the following. 39.     On 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'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. 40.     On 14 February 2003 the investigators questioned the first applicant's daughter, Ms L.A., who stated that at about 6 p.m. on 13   September 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'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's yard. 41.     On 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. 42.     On 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's yard. The women's attempts to obtain information about the arrested men had not produced any results. 43.     On 17 February 2003 the investigators questioned Anvar Shaipov'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. 44.   On 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. 45.     On 24 February 2003 the investigators conducted a crime scene examination in the building of the former clothing factory. Nothing was collected from the scene. 46.     In February 2003 the Achkhoy-Martan district prosecutor's office, the Kurchaloy district prosecutor's office, the Shali district prosecutor's office and the Nadterechniy district prosecutor'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. 47.     On 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. 48.     According to the information received from the above-mentioned law-enforcement agencies, military unit no.   6779 had not been stationed at the headquarters of the former clothing factory in Urus-Martan. 49.     On 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. 50.     On 10 March 2004 the first applicant complained to the district prosecutor's office about the abduction of her son and requested that the authorities open a criminal investigation into the incident. 51.     On 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. 52.     On 11 October 2004 the first applicant requested that the district prosecutor'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. 53.     On 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'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'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 “being checked” 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'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. 54.     On 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. 55.     In 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. 56.     On 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. 57.     On 31 January 2007 the investigators questioned the first applicant'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'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. 58.   On 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' relatives. 59.     On 7 February 2007 the investigators questioned the applicants' 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's house and told her about the arrest. 60.     On 11 February 2007 the investigators questioned the fourth applicant's daughter, Ms L.Sh., who stated that at about 5 p.m. on 13   September 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's office of 10 October 2000 and 28   February 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. 61.     On 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 th 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'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. 62.     On 16 February 2007 the investigators questioned the first applicant's neighbour, Mr R.G., who stated that at the material time he had lived across the street from the first applicant'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' 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: “You saw the two men being taken into the factory?” and the latter replied: “there is no need to involve me in this, those who arrested the two men, they are from another agency” and added that the men who had arrested the applicants' relatives were from military intelligence. The witness further stated that on 13 September 2000 servicemen wearing a particular kind of camouflage uniform called “desert storm” (' буря в пустыне' ), had been present at the checkpoint along with its regular staff and that these men had arrested Magomed-Ali Abayev and Anvar Shaipov. 63.     On 21 June 2007 the investigators questioned Magomed-Ali Abayev's brother, Mr M.A., who stated that at about 4.30 p.m. on 13   September 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' 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. 64.     On 14 June 2007 the investigators questioned the first applicant'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. 65.     On 1 July 2007 the investigators questioned the fourth applicant's relative Ms T. Sh., whose statement was similar to the one given by Mr   Z.M. 66.     According to the Government'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' relatives. 67.     According 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. 68.     The Government further submitted that the applicants had been duly informed of all decisions taken during the investigation. 69.     Despite specific requests by the Court the Government did not disclose most of the contents of criminal case no.   34013, 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. C.     Proceedings against law-enforcement officials 70.     On 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. On 8 February 2005 the Supreme Court of the Chechen Republic upheld the town court's ruling. The text of the Supreme Court decision stated, inter alia , the following: “...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... II.   RELEVANT DOMESTIC LAW 71.     For a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia (no. 40464/02, §§   67-69, 10   May 2007). THE LAW PRELIMINARY ISSUES A.     The second applicant's complaints 72.     The Court notes that in their submission of 1 September 2008 the applicants' representatives informed it that the second applicant (Ms   Raminat 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. 73.     Article 37   §   1 of the Convention, in its relevant part, reads: “1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that... (c)     ... it is no longer justified to continue the examination of the application...” 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.   Switzerland , 25 March 1994, § 31, Series A no. 287; Karner v. Austria , no. 40016/98, § 23, ECHR   2003 ‑ IX; and Thevenon v. France (dec.), no.   2476/02, ECHR   2006 ‑ III). 74.     The 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's list of cases in so far as it relates to this applicant.   B. The Government's objection regarding non-exhaustion of domestic remedies 1.     The parties' submissions 75.     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 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. 76.     The applicants contested that objection. They stated that the only effective remedy in their case - criminal investigation - had proved to be ineffective and that their complaints to that effect, including their application to the domestic courts, had been futile. 2.     The Court's assessment 77.     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). 78.     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. 79.     As 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.   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. 80.     As 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. 81.     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 82.     The 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   Ali 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 arr