es had never arrested or detained Said-Magamed Tovsultanov on criminal or administrative charges and had not carried out a criminal investigation in connection with him.
57. Despite specific requests by the Court for a copy of the entire contents of the investigation file in criminal case No. 05600034, the Government disclosed only part of the documents from the file, running up to 170 pages.
C. Proceedings against law-enforcement officials
58. On 11 March 2008 the applicant complained to the Sunzhenskiy district court of Ingushetia (the district court) about the ineffectiveness of the investigation in the criminal case. She stated that her son had been abducted by representatives of the Russian federal forces and pointed out that the lack of information about the investigation precluded her from appealing against the investigators' actions.
59. On 28 March 2008 the applicant visited the district prosecutor's office where she was provided with copies of a number of procedural decisions. According to the applicant, upon receipt of these documents, she was asked to sign a document the contents of which she did not understand owing to her illiteracy.
60. On 28 March 2008 the district court rejected the applicant's complaint. The court stated that the applicant "had lodged a written request to have the examination of her complaint discontinued..." According to the applicant, she did not lodge such a request. However, the Government furnished the Court with a copy of the applicant's handwritten receipt to this effect.
II. Relevant domestic law
61. 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
62. The Government contended that the application should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Said-Magamed Tovsultanov had not yet been completed. They further argued that it had been open to the applicant to challenge in court any acts or omissions on the part of the investigating or other law-enforcement authorities, but that she had not availed herself of that remedy. They also submitted that it had been open to her to file civil claims for damages but she had failed to do so.
63. The applicant contested that objection and stated that the criminal investigation had proved to be ineffective.
B. The Court's assessment
64. The Court reiterates that the rule of exhaustion of domestic remedies under Article 35 § 1 of the Convention obliges applicants to use first the remedies which are available and sufficient in the domestic legal system to enable them to obtain redress for the breaches alleged. The existence of the remedies must be sufficiently certain both in theory and in practice, failing which they will lack the requisite accessibility and effectiveness. Article 35 § 1 also requires that complaints intended to be brought subsequently before the Court should have been made to the appropriate domestic body, at least in substance and in compliance with the formal requirements and time-limits laid down in domestic law and, further, that any procedural means that might prevent a breach of the Convention should have been used. However, there is no obligation to have recourse to remedies which are inadequate or ineffective (see Aksoy v. Turkey, 18 December 1996, §§ 51 - 52, Reports of Judgments and Decisions 1996-VI, and Cennet Ayhan and Mehmet Salih Ayhan v. Turkey, No. 41964/98, § 64, 27 June 2006).
65. It is incumbent on the respondent Government claiming non-exhausti
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