t unacknowledged detention is a complete negation of these guarantees and discloses a very grave violation of Article 5 (see {Cicek} v. Turkey, No. 25704/94, § 164, 27 February 2001, and Luluyev, cited above, § 122).
145. The Court has found it established that Abu Zhanalayev and Sayd-Selim Benuyev were abducted by State servicemen on 24 November 2002. Their detention was not acknowledged or logged in any custody records and there exists no official trace of the missing men's subsequent whereabouts or fate. In accordance with the Court's practice, this fact in itself must be considered a most serious failing, since it enables those responsible for an act of deprivation of liberty to conceal their involvement in a crime, to cover their tracks and to escape accountability for the fate of a detainee. Furthermore, the absence of detention records, noting such matters as the date, time and location of detention and the name of the detainee as well as the reasons for the detention and the name of the person effecting it, must be seen as incompatible with the very purpose of Article 5 of the Convention (see Orhan, cited above, § 371).
146. In view of the foregoing, the Court finds that Abu Zhanalayev and Sayd-Selim Benuyev were held in unacknowledged detention without any of the safeguards contained in Article 5. This constitutes a particularly grave violation of the right to liberty and security enshrined in Article 5 of the Convention.
V. Alleged violation of Article 13 of the Convention
147. The applicants complained that they had been deprived of effective remedies in respect of the aforementioned violations of Articles 2 and 3, contrary to Article 13 of the Convention, which provides:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
A. The parties' submissions
148. The Government contended that the applicants had had effective remedies at their disposal as required by Article 13 of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge any actions or omissions on the part of the investigating authorities in court and in fact made use of it when challenging lawfulness of the decision of 20 September 2003. They could also claim damages through civil proceedings.
149. The applicants reiterated the complaint.
B. The Court's assessment
1. Admissibility
150. In so far as the complaint under Article 13 concerns the existence of a domestic remedy in respect of the complaints concerning the alleged ill-treatment of the second applicant, Abu Zhanalayev and Sayd-Selim Benuyev, the Court notes that these parts of the complaint under Article 3 were declared manifestly ill-founded in paragraphs 130 and 133 above. Accordingly, the applicants did not have an "arguable claim" of a violation of a substantive Convention provision in this respect and, therefore, Article 13 of the Convention is inapplicable.
151. It follows that these parts of the complaint under Article 13 of the Convention are incompatible ratione materiae with the provisions of the Convention within the meaning of Article 35 § 3 and must be rejected in accordance with Article 35 § 4 thereof.
152. The Court notes that the remainder of the complaints under Article 13 of the Convention is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
153. The Court reiterates that in circumstances where, as here, a crimin
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