CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 2 décembre 2010

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .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 } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .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 } .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 } .s401C450A { margin-top:12pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .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 } .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 } .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 } .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 } .s11869A80 { margin-top:0pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .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 } .s3B3A5DE9 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s46B3B71C { margin-top:30pt; margin-left:17.85pt; margin-bottom:30pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .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 } .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 } .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 } .s677DA8A { margin-top:18pt; margin-left:48.75pt; margin-bottom:18pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s8C50CFA1 { margin-top:18pt; margin-left:59.5pt; margin-bottom:6pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sCA71A5BA { margin-top:12pt; margin-left:59.5pt; margin-bottom:6pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .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 } .sB1BD30C0 { margin-top:6pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .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 } .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 } .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 } .sE73E36CB { width:184.3pt; display:inline-block } .sA2E62387 { width:204.97pt; display:inline-block }       FIRST SECTION                 CASE OF DZHABIRAILOVA AND DZHABRAILOVA v. RUSSIA   (Application no. 15563/06)             JUDGMENT   STRASBOURG   2 December 2010   FINAL   11/04/2011   This judgment has become final under Article 44 § 2 (c) of the Convention. It may be subject to editorial revision. In the case of Dzhabirailova and Dzhabrailova v. Russia, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Christos Rozakis, President,   Nina Vajić,   Anatoly Kovler,   Elisabeth Steiner,   Khanlar Hajiyev,   Dean Spielmann,   Sverre Erik Jebens, judges, and André Wampach, Deputy Section Registrar , Having deliberated in private on 9 November 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 15563/06) 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 Amynt (also spelled as “Aminat”) Shamsudinovna Dzhabirailova and Mrs Zaynab (also spelled as “Zaynap”) Shamsudinovna Dzhabrailova (“the applicants”), on 5 April 2006. 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 G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights. 3.     On 20 May 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 the former Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility. 4.     On 23 April 2010 the President of the First Section decided that the parties should submit further observations under Rule 54 § 2 (c) of the Rules of Court. 5.     The Government objected to the joint examination of the admissibility and merits of the application and to the application of Rule 41 of the Rules of Court. Having considered the Government's objection, the Court dismissed it. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6.     The first applicant is the mother of Mr Isa Aytamirov, born in 1983. The second applicant is her sister and Isa Aytamirov's aunt. The applicants were born in 1955 and 1960 respectively. The first applicant lives in the town of Argun and the second applicant lives in the village of Novy Tsentoroy, in the Chechen Republic. A.     Disappearance of Isa Aytamirov 1.     The applicants' account 7.     At the material time the first applicant lived with Isa Aytamirov in the town of Argun, in the Grozny district of Chechnya. The second applicant lived at 36 Gagarina Street, in the village of Novy Tsentoroy, in the Grozny district of Chechnya. Isa Aytamirov frequently stayed at his aunt's place in the village. 8 .     On the night of 19 February 2003 the second applicant, Isa Aytamirov and other relatives were sleeping in the house in Novy Tsentoroy. There was a power cut in the village that night. As a result of previous bombardments the windows of the second applicant's house were covered with sheets of plastic instead of glass. 9.     At about 4 a.m. a group of about thirty Russian servicemen arrived at the second applicant's gate on three armoured personnel carriers (APCs). They climbed over the fence, took the entrance door off its hinges and broke into the house. The intruders were wearing masks and military uniforms; they spoke Russian and Chechen. Using their flashlights, they dispersed into different rooms, pointed their guns at the second applicant and her relatives and ordered them not to move. Then the intruders went into the room where Isa Aytamirov was. They woke him up, pointed their guns at him and took him outside. Isa Aytamirov, barefoot and in his underwear, was taken to a shed in the yard and placed with his hands up against the wall. Meanwhile, Ms M. Dzh., another aunt of Isa Aytamirov, tried to call for help from a window. One of the servicemen ordered her in Chechen to stay quiet. 10 .     The second applicant and her relatives asked the servicemen to let them go outside. Permission was given only to the second applicant. When she went into the yard, she saw her nephew standing with his hands up against the wall. The second applicant asked the servicemen if she could give them her nephew's passport so they could give it to him. When she had brought it to them they forced her back into the house. Then the second applicant saw the servicemen put Isa Aytamirov into one of the APCs. She tried to follow her nephew and tried to climb on to the APC, but one of the servicemen hit her with a rifle butt and she fell on the ground and lost consciousness. The APCs drove away with Isa Aytamirov in an unknown direction. After that the applicants' relatives went outside and found the second applicant on the ground, unconscious and bleeding. 11 .     According to the second applicant, the following day she sought medical help at the military hospital in Grozny, where she underwent an X ‑ Ray of both legs. Subsequently, the second applicant was examined in the Argun town hospital, where her legs were bandaged and then plastered. 12 .     The description of the events of the night of 19 February 2003 is based on the accounts given to the applicants' representatives by the following witnesses: an account by Ms M. Dzh. given on 23 September 2005; two accounts by the second applicant given on 1 December 2004 and 23 September 2005; an account by Ms T. Dzh. given on 23 September 2005; a joint account by Ms M. and Ms G. given on an unspecified date; a joined account by Ms A.I. and Ms M.K. given on 25 February 2006; and also on two hand-drawn maps of the premises in the Novy Tsentoroy village. 13.     The applicants have had no news of Isa Aytamirov since 19   February 2003. 2.     Information submitted by the Government 14.     The Government did not challenge most of the facts as presented by the applicants. They submitted that on 19 February 2003 unidentified armed persons entered the house in Novy Tsentoroy, kidnapped Isa Aytamirov and took him away to an unknown destination. The same persons had caused injuries to the second applicant. B.     The search for Isa Aytamirov and the investigation 1.     The applicants' account 15.     Immediately after the abduction of Isa Aytamirov his relatives reported the incident to the authorities. 16.     On 3 March 2003 the first applicant complained about the abduction of her son to the head of the Argun town administration and asked for assistance in establishing Isa Aytamirov's whereabouts. 17.     On 12 March 2003 the first applicant complained about Isa Aytamirov's abduction to the head of the Argun Department of the Interior (the Argun OVD). In her letter she stated that her son had been abducted by a group of armed masked men in military uniforms and requested assistance in the search for him. 18 .     On 24 March 2003 the first and second applicants complained to the head of the administration of the Chechen Republic and the Envoy of the President of the Russian Federation for Ensuring Human Rights and Freedoms in the Chechen Republic (the Envoy) that at about 4 a.m. on 19   February 2003 a group of servicemen in camouflage uniforms, who had arrived on three APCs, had abducted Isa Aytamirov from their house in Novy Tsentoroy. 19.     By a letter of the same date the Envoy forwarded the applicants' complaint about the abduction of Isa Aytamirov to the military prosecutor of the Chechen Republic. 20.     On 21 April 2003 the second applicant wrote to the Grozny district prosecutor's office. She complained that her nephew had been abducted by a group of about thirty Russian military servicemen who were speaking Russian and Chechen and had arrived on three APCs. She also stated that the servicemen had refused to give a reason for Isa Aytamirov's abduction, that they had behaved rudely and had beaten her and that she had lost consciousness as a result of the beating. The applicant pointed out that her numerous complaints about the events to various law-enforcement agencies had not produced any results and requested the authorities to institute an investigation into the abduction of Isa Aytamirov. 21.     On 30 May 2003 the military prosecutor's office of the United Group Alignment (the UGA military prosecutor's office) forwarded the first applicant's complaint about her son's abduction to the military prosecutor's office of military unit no. 20102 for examination. 22.     On 23 March 2004 the military prosecutor's office of the UGA informed the second applicant that the examination of her complaint concerning her nephew's abduction had not established any involvement of Russian military servicemen in the crime. According to the letter, on an unspecified date the Argun town prosecutor's office had instituted an investigation into Isa Aytamirov's abduction under Article 126 § 2 of the Criminal Code (aggravated kidnapping) and the case file had been given number 42023. 23.     On 12 May 2004 the criminal search division of the Chechnya Ministry of the Interior informed the second applicant that on 20 February 2003 the Grozny district prosecutor's office (“the district prosecutor's office”) had instituted an investigation into the abduction of Isa Aytamirov and the criminal case file had been given number 42027. According to the letter, operational search measures aimed at establishing the whereabouts of Isa Aytamirov and the identities of the perpetrators were under way. 24.     On 8 June 2004 the district prosecutor's office wrote to the department of the interior of the Grozny district (the Grozny ROVD) requesting the attendance of the second applicant at the prosecutor's office on 14 July 2004. 25.     On 17 June 2004 the applicants' relative, Ms M.DzH., another aunt of the disappeared Isa Aytamirov, was granted the status of a victim in criminal case no. 42027. The decision stated, in particular, that at about 4   a.m. on 19 February 2003 a group of unidentified armed persons in camouflage uniforms, travelling in three APCs and two UAZ vehicles, had abducted Isa Aytamirov from 36 Gagarina Street, Novy Tsentoroy. 26.     On an unspecified date the district prosecutor's office summoned the second applicant for an unspecified investigative measure on 14 July 2004. It is unclear whether any investigative measures were carried out on that date. 27.     According to the seizure record of 15 July 2004, on that date investigator T. of the district prosecutor's office seized from the second applicant a medical certificate and two X-rays. 28.     On 30 July 2004 the UGA military prosecutor's office forwarded the second applicant's request for assistance in the search for her nephew to the military prosecutor's office of military unit no. 20102 for examination. 29.     On 20 September 2004 the military prosecutor's office of military unit no. 20102 informed the second applicant that the examination of her complaint had not established any implication of Russian servicemen in the abduction of Isa Aytamirov. The letter also stated that, in addition, the case file materials of criminal case no. 42027 did not contain any information suggesting the involvement of Russian servicemen in the abduction. The second applicant was advised to obtain further information about the criminal investigation from the district prosecutor's office. 30.     On 21 February 2005 the military commander of the Chechen republic forwarded the second applicant's complaint about her nephew's abduction to the Grozny district military commander's office. The letter instructed the district military commander's office to examine the complaint together with the Grozny ROVD and the local department of the Federal Security Service and to undertake unspecified measures to establish the whereabouts of Isa Aytamirov. 31 .     On 17 May 2005 the applicants' representatives wrote to the district prosecutor's office describing in detail the circumstances of Isa Aytamirov's abduction by Russian servicemen. They pointed out that the investigation into Isa Aytamirov's abduction had been initiated more than two years ago and at the time of writing it had failed to produce any results. They also complained about the lack of information concerning the proceedings. The applicants' representatives requested, among other things, information on the following points: whether any special operations had been conducted between 19 and 21 February 2003 in the Grozny district; whether the area had been under curfew at the material time and whether there had been any Russian military checkpoints in the vicinity of Novy Tsentoroy village and if so, what military vehicles had been at their disposal; whether the authorities had examined the suggestion that Russian servicemen were involved in the abduction of the applicants' relative; and what investigative measures had been undertaken to that end. 32.     On 27 May 2005 the UGA military prosecutor's office informed the second applicant that the district prosecutor's office had instituted an investigation into the abduction of her nephew; that the criminal case file had been given number 42027; and that all information was to be obtained from the latter office. 33.     On 8 June 2005 the prosecutor's office of the Chechen Republic forwarded the second applicant's complaint about her nephew's abduction to the district prosecutor's office for examination. The latter was to inform her, as well as the republican prosecutor's office, about the results. 34 .     On 9 June 2005 the district prosecutor's office replied to the applicants' representatives. The letter stated that the district prosecutor's office had instituted an investigation in criminal case no. 42027; that they had forwarded requests for information to a number of unspecified authorities and had questioned an unspecified number of witnesses; that they had undertaken operational and search measures to identify the perpetrators, but those measures had failed to produce any results. Lastly, the letter stated that the investigation in criminal case no. 42027 had been suspended on 10 August 2004 pursuant to Article 208 § 1 (1) of the Criminal Procedure Code, namely for failure to establish the identity of the perpetrators. 35.     On 15 June 2005 the district prosecutor's office informed the applicants' relative that on 20 February 2003 they had instituted a criminal investigation into the abduction of Isa Aytamirov and the case file had been given the number 42027. According to the letter, unspecified operational and search measures aimed at identifying the perpetrators were under way. 36.     On 22 September 2005 the applicants' representatives wrote to the district prosecutor's office. They stated that the authorities' response to their letter had failed to provide them with the requested information and complained of a lack of information about the investigation. They requested, among other things, that the investigation be conducted in an effective manner and that it be reopened if it had been suspended and asked for permission to have access to the documents in the criminal case file. 37.     On 27 December 2005 the district prosecutor's office informed the first applicant that on 10 August 2004 they had suspended the investigation in criminal case no. 42027 for failure to establish the identity of the perpetrators. The operational and search measures aimed at solving the crime were under way. 38.     On 29 December 2005 the applicants' representatives wrote to the district prosecutor's office, averring that the authorities' responses to their letters had failed to provide the requested information, and complained of a lack of access to the investigation. They asked for information concerning the status of the investigation and requested that the proceedings be resumed and conducted in an effective and thorough manner. Lastly, they asked for permission to make copies of the documents from the criminal case file. They forwarded a copy of that letter to the prosecutor's office of the Chechen Republic. It is unclear whether the applicants or their representatives received any response to this letter. 39.     On 8 July 2008 the Groznenskiy Interdistrict investigating department of the Investigating Department with the Prosecutor's office of the Chechen Republic (the investigating department) informed the applicants' relative that on an unspecified date it had resumed the investigation in the criminal case concerning the abduction of Isa Aytemirov. 40.     By a letter of 8 August 2008 the investigating department informed the applicants' relative that on an unspecified date the investigation in case no.   42027 had been suspended. 41.     On 25 August 2008 the investigating department wrote to the applicants' relative that on the same date they had resumed the investigation of the criminal case concerning the abduction of Isa Aytemirov. 42.     By a letter of 25 September 2008 the investigating department notified the second applicant that on the same date the investigation in case no.   42027 had been suspended for failure to identify the perpetrators. 2.     Information submitted by the Government 43 .     On 19 February 2003 the district prosecutor's office received Isa Aytamirov's relatives' complaint, saying that at about 4 a.m. on 19   February 2003 a group of armed men, who had arrived on three APCs and two UAZ vehicles, had abducted Isa Aytamirov from his relatives' house at 36 Gagarina Street, Novy Tsentoroy. Furthermore, the kidnappers had inflicted bodily injuries on the second applicant, as a result of which she had been admitted to hospital. 44.     On 20 February 2003 the district prosecutor's office opened criminal case no. 42027 into the abduction of Isa Aytamirov under Article 126 § 2 of the Criminal Code (aggravated abduction). 45 .     M.Dzh., interviewed as a witness on 20 February 2003, stated that at about 4 a.m. on the previous day a group of seven to eight persons in camouflage uniforms had burst into the house where she had been staying together with her mother, two sisters and nephew Isa Aytamirov. The intruders were armed and were speaking Russian and Chechen. They had come to the room where Isa Aytamirov had been sleeping and had taken him, barefoot, outside. There were numerous other persons in camouflage uniforms in the yard. Isa Aytamirov had been put into one of the two APCs parked at the gate and the vehicles had taken off in the direction of Argun. She had not noticed their licence plate numbers. Later on, she had learnt that there had been another APC and two UAZ vehicles on the other side of the street; she did not know anything about their licence plates. When Isa Aytamiro had been put in the APC, the second applicant had rushed to it but had been pushed away; she had fallen down and broken her leg. 46.     On 25 February 2003 the district prosecutor's office requested the Grozny ROVD to take operational and search measures aimed at identifying witnesses to the kidnapping and its perpetrators. It also requested from unspecified bodies a description of Isa Aytamirov and information on any involvement on his part in criminal activities. From the replies received, it followed that the operational and search measures had not made it possible to identify the perpetrators. 47.     On 25 March 2003 the investigation requested the Chechen Department of the FSB to provide information whether Isa Aytamirov had ever been involved in illegal military groups. From that authority's reply of 1   April 2004 it followed that they did not have information in that respect. 48 .     On 10 June 2004 the investigation requested the Ministry of the Interior to search for the perpetrators of Isa Aytamirov's kidnapping, establish his whereabouts and submit any incriminating material ( компрометирующий материал ) on him. From the Ministry's reply it followed that they had no incriminating material on him and that the Ministry's officers had been instructed to take the necessary steps to search for him. 49.     On the same date the investigation requested an unspecified authority to identify and interview the relatives and close acquaintances of Isa Aytamirov, as well as obtaining a character reference from unspecified authorities.According to an unspecified source of information, apparently received in reply to the request, Isa Aytamirov had a positive character reference from his place of residence. 50 .     On 17 June 2004 the investigation granted M. Dzh. victim status in the proceedings in case no. 42027 and interviewed her. M. Dzh. stated that her mother, Isa Aytamirov and the second applicant had been living with her in the village of Novy Tsentoroy. At about 4 a.m. on 19 February 2003 a group of armed men had broken down the entrance door and had burst into her house. They had headed to the room where Isa Aytamirov had been sleeping, had taken him outside and driven him away. When he had been brought outside, there had been an APC there. The intruders had been speaking mostly Russian; only one of them had been speaking Chechen. Isa Aytamirov had been unemployed but had wanted to apply for a job in the Ministry of the Interior. He had mostly stayed at home. 51 .     On the same date the investigation interviewed M.A. Dzh., Isa Aytamirov's great-uncle. He stated that he was M. Dzh.'s neighbour. In the morning on 19 February 2003 he had learnt that on the previous night a group of armed men had burst into her house and had kidnapped Isa Aytamirov. M.A.Dzh did not know the reason for his kidnapping. Isa Aytamirov had gone frequently to Grozny and had always been checked at the checkpoints on the way there, however, he had never had any problems. 52.     On unspecified dates the investigation requested all the district prosecutor's offices in the Chechen Republic to indicate to the local departments of the interior that they should search for Isa Aytamirov, find out whether he had been arrested during any special operation conducted by the military or law-enforcement authorities, whether he was being held in any detention centre and whether his body could be found among bodies which had not been identified. 53.     All replies to those questions from the above-mentioned authorities were in the negative. 54 .     On 15 July 2004 the second applicant was interviewed as a witness. She stated that she lived with her mother and M. Dzh. and that Isa Aytamirov had been staying with them until his abduction on 19 February 2003. On that day at about 4 a.m. a group of armed men burst into their house, where her other sister was staying, as well as the people mentioned. The intruders had gone straight away to the room where Isa Aytamirov was, as if they had known where he was sleeping. They had woken him and taken him outside. After that one of the armed men had told her to fetch Isa Aytamirov's passport, which she had done. In the street she had seen three APCs and several UAZ vehicles. Isa Aytamirov had been put into one of the APCs. A minute or two later the intruders left. The second applicant had tried to climb on to an APC and had even managed to get on to it for a moment but one of the armed men had struck her on the right shoulder with a rifle butt and pushed her to the ground and she had lost consciousness. When she woke she was at home. She had pain in the right arm and her left leg was swollen and covered with blood. On the same morning she was admitted to Argun town hospital where they applied a splint to her injured leg. On the same day she had been taken to the military hospital. She wore the splint for two weeks. The second applicant had kept a medical certificate from the hospital and two X-rays. 55 .     On 15 July 2004 the investigation seized the medical certificate and the X-rays from the second applicant. 56 .     On 19 July 2004 the investigation ordered an expert medical examination of the second application. It appears that it was not carried out. 57 .     On 9 July 2008 investigator K. ordered, yet again, the second applicant's to be examined with a view to establishing the origin of her injury, the date of its infliction and the level of damage to her health. He enclosed the two X-rays seized from the second applicant on 15 July 2004. it appears that he did not enclose the medical certificate seized from the second applicant. 58 .     On 28 July 2008 the Forensic Medical Assessment Office of the Chechen Republic (“the forensic assessment office”) refused to comply with the request because the investigative department had failed to furnish the second applicant's medical record and that of her subsequent health problems, which had made it impossible to carry out the required examination. 59.     According to the Government, the investigation in case no.   42027 is pending. 60 .     Despite specific requests by the Court the Government did not disclose most of the contents of criminal case no. 42027, providing only copies of the decision of 20 February 2003 to institute an investigation; the applicants' relatives' complaint of 19 February 2003 about the abduction of Isa Aytamirov; the record of interview of M. Dzh. of 20 February 2003; the decision to grant M. Dzh. victim status of 17 June 2004 and her interview record of the same date; the interview record of M.A. Dzh. of 17 June 2004; the interview record of the second applicant of 15 July 2004; the decision of 9 July 2008 ordering the second applicant's medical examination, and the reply from the forensic office of 28 July 2008. 61.     They submitted that the copies provided were the only documents which could be submitted to the Court “without damage to legally protected interests”, without providing any further details. Subsequently, they clarified that they could not furnish the documents because it might prejudice the interests of the State and also of the participants to the criminal proceedings. They referred to Article 161 of the Code of Criminal Procedure. II     RELEVANT DOMESTIC LAW 62.     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 63.     The Government contended that the applicants' complaint concerning the disappearance of their relative should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Isa Aytamirov had not yet been completed. They further argued that the applicants could have requested to be granted victim status in the domestic proceedings but had failed to do so. If they had had that status they would have been entitled to participate more actively in the investigation. In any event, it was open to them to complain to the prosecutor's office or courts. Lastly, the Government stated that the applicants could have applied to civil courts for compensation under Articles 151 and 1069 of the Civil Code. 64.     The applicants contested that objection. They stated that the criminal investigation had proved to be ineffective and that their complaints to that effect had been futile. They also submitted that the effectiveness of the investigation had been undermined in its early stages by the authorities' failure to take the relevant steps in due time. With reference to the Court's practice, they argued that they were not obliged to apply to civil courts in order to exhaust domestic remedies. B.     The Court's assessment 65.     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). 66.     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. 67.     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. 68.     As regards criminal law remedies, the Court observes that the applicants complained to the law-enforcement authorities immediately after the kidnapping of Isa Aytamirov and that an investigation has been pending since 20 February 2003. The applicants and the Government dispute the effectiveness of the investigation of the kidnapping. 69 .     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.     ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION 70.     The applicants complained under Article 2 of the Convention that their relative had been deprived of his life by the 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.     Submissions by the parties 71.     The Government argued that the domestic investigation had obtained no evidence that State agents had been involved in the abduction of Isa Aytamirov or that any special operations had been conducted in the village of Novy Tsentoroy on the night of his kidnapping. The applicants' relative had not been implicated in activities of illegal armed groups, he had planned to apply for a job with the law-enforcement bodies and no State authority had acknowledged his detention. Isa Aytamirov's body had not been discovered. The applicants' submissions that he had been kidnapped by servicemen were unfounded. In particular, they had stated before the domestic investigation authorities that the abductors had been speaking both Russian and Chechen and that, although they had not been wearing masks, the applicants would not be able to identify them. They had likewise been unable to indicate in which direction the military vehicles had left and to describe their licence plates. The fact that the abductors had been wearing camouflage uniforms and had been armed also did not prove that they were servicemen. 72.     The Government further submitted that the investigation into the abduction of Isa Aytamirov conducted by the domestic authorities had satisfied the Convention requirements. They stressed that the obligation to investigate was not an obligation of result but of means. The investigation in the applicants' case had been promptly launched and had been conducted by an independent authority. An important number of requests for information had been directed to various State bodies and further investigative steps were being taken. 73.     The applicants claimed that they had made out a prima facie case that their relative had been detained by State agents and that he must be presumed dead following his unacknowledged detention. They submitted that the Government had not disputed that Isa Aytamirov had been detained on 19 February 2003 by a group of armed men in camouflage uniforms, who had arrived on APCs and in UAZ vehicles. As to camouflage uniforms, after the beginning of the armed conflict in the Chechen Republic in 1999 and throughout 2003 they could not be sold to civilians. Persons found in possession of uniforms would be arrested and the uniforms confiscated. They further stressed that in 2003 only State agents deployed APCs in the Chechen Republic. The UAZ vehicles were also part of the usual equipment of the Russian military. 74.     The applicants further submitted that they could not be blamed for not remembering the licence numbers of the vehicles and the direction in which they had left, regard being had to the fact that the abduction had taken place in the early morning and the applicants had been blinded by the abductors' flashlights. Moreover, one of the witnesses, to whose deposition the Government referred in their observations, explicitly stated that they vehicles went towards Argun. In the same vein, in her statement to the investigation, a copy of which had been enclosed by the Government, the second applicant also stated that the military convoy had gone in the direction of Argun or Khankala. The applicants also stressed that throughout 2003 the village had been under the State authorities' full control and that the authorities had maintained manned checkpoints around it. Moreover, at the material time the village had been under curfew and only State agents had been exempt from it. Lastly, the applicants invited the Court to draw inferences from the Government's refusal to provide a copy of the entire case file on the abduction of Isa Aytamirov at the Court's request. 75.     As to the investigation, the applicants argued that it had been ineffective because the authorities had failed to take the necessary investigative steps. In particular, they had never inspected the crime scene, had failed to question any State agents and had limited their efforts to sending them written requests. The applicants had not been provided with sufficient access to the investigation and had not been properly informed about any significant developments in it. B.     The Court's assessment 1.     Admissibility 76.     The Court considers, in the light of the parties' 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's objection concerning the alleged non-exhaustion of domestic remedies should be joined to the merits of the complaint (see paragraph 69 above). The complaint under Article 2 of the Convention must therefore be declared admissible. 2.     Merits (a)     The alleged violation of the right to life of Isa Aytamirov (i)     General principles 77.     The Court reiterates that, in the light of the importance of the protection afforded by Article 2, it must subject deprivations of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances. Detained persons are in a vulnerable position and the obligation on the authorities to account for the treatment of a detained individual is particularly stringent where that individual dies or disappears thereafter (see, among other authorities, Orhan v. Turkey, no. 25656/94, § 326, 18 June 2002, and the authorities cited therein). Where the events in issue lie wholly or in large part within the exclusive knowledge of the authorities, as in the case of persons under their control in detention, strong presumptions of fact will arise in respect of injuries and death occurring during that detention. Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see Salman v. Turkey [GC], no. 21986/93, §   100, ECHR 2000-VII, and Çakıcı v. Turkey [GC], no. 23657/94, § 85, ECHR 1999-IV). (ii)     Establishment of the facts 78 .     The Court observes that 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. 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 , 18 January 1978, § 161, Series A no. 25). 79.     The applicants alleged that at about 4 a.m. on 19 February 2003 their relative, Isa Aytamirov, had been abducted by servicemen and had then disappeared. They invited the Court to draw inferences as to the well-foundedness of their allegations from the Government's failure to provide the documents requested from them. They submitted that several persons, as well as the second applicant, had witnessed Isa Aytamirov's abduction and enclosed their written statements to support that submission. 80.     The Government conceded that Isa Aytamirov had been abducted on 19 February 2003 by unidentified armed camouflaged men, who had arrived in three APCs and two UAZ vehicles. However, they denied that the abductors had been servicemen, referring to the absence of conclusions from the ongoing investigation. 81.     The Court notes that despite its requests for a copy of the investigation file into the abduction of Isa Aytamirov, the Government refused to produce most of the documents from the case file. It finds their vague reference to “legally protected interests” of unspecified subjects utterly unconvincing and, as to their argument concerning Article 161 of the Criminal Procedure Code, it notes that it has already held that it is insufficient to justify the withholding of key information requested by the Court (see Imakayeva v. Russia , no. 7615/02, § 123, ECHR 2006 ‑ XIII (extracts)). 82.     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. 83.     Having regard to the applicants' submissions, their hand-drawn sketches of the premises and statements by witnesses enclosed by them, the Court considers that they presented an overall coherent and convincing picture of Isa Aytamirov's abduction on 19 February 2003 by a group of armed and camouflaged men driving a number of military vehicles, including APCs. It observes that the applicants' account was consistent both throughout the domestic investigation and before this Court (see paragraphs 8 - 10, 18 and 54 above). It also cannot but note that the witness' statements referred to by the Government appear to confirm the applicants' account of the events surrounding their relative's abduction (see paragraphs 45, 50 and 51 above). 84.     The Court further takes note of the fact that the Government did not dispute the applicants' submission that their relative had been abducted from the area which had been under curfew at the material time and that the abductors must have passed freely through the checkpoints situated there. Moreover, the functioning of the checkpoints in the area at the material time appears to be confirmed by a witness' statement referred to by the Government (see paragraph 51 above). 85.     In the Court's view, the fact that a large group of armed men in uniforms, driving in a convoy of military vehicles, including three APCs, was able to pass freely through checkpoints during curfew hours and proceeded to arrest the applicants' relative in a manner similar to that of State agents strongly supports the applicants' allegation that they were State servicemen and that they were conducting a special operation in Novy Tsentoroy on the night of Isa Aytamirov's abduction. 86.     The Court notes that in their applications to the authorities the applicants consistently maintained that Isa Aytamirov had been detained by unknown servicemen and requested the investigating authorities to look into that possibility. It further notes that after more than seven years the investigation has produced no tangible results. 87.     The 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 Toğcu v. Turkey , no. 27601/95, §   95, 31 May 2005, and Akkum and Others v. Turkey , no. 21894/93, § 211, ECHR 2005-II (extracts)). 88.     Taking 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's statement that the investigation had not found any evidence to support the involvement of servicemen in the kidnapping is insufficient to discharge them from the above-mentioned burden of proof. 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 Isa Aytamirov was arrested on 19 February 2003 by State servicemen during an unacknowledged security operation. 89.     There