February 2008 the Supreme Court of the Chechen Republic quashed the decision of 5 March 2007 on the ground that the applicant had not been summoned to the hearing.
153. On 21 February 2008 the Zavodskoy District Court re-examined the complaint. The applicant was not present at the hearing, but she was represented by her counsel. The court again dismissed the complaint. The applicant appealed.
154. On 26 March 2008 the Supreme Court of the Chechen Republic quashed the decision of 21 February 2008 and remitted the complaint for a fresh examination. It found that the applicant had the right to study the case file, whereas her request for legal aid was unsubstantiated.
155. On 8 April 2008 the Zavodskoy District Court upheld the applicant's complaint in the part relating to the refusal to grant her access to the case file, but dismissed it in the part relating to the refusal to grant her legal aid.
156. On 16 September 2008 the applicant's counsel studied the investigation file and made copies of the material in the case file, which have been provided to the Court.
II. Relevant domestic law
157. 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. Joinder of the applications
158. In accordance with Rule 42 § 1 of the Rules of Court, the Court decided to join the applications, given their similar factual and legal background.
II. The Government's objection regarding
non-exhaustion of domestic remedies
A. The parties' submissions
159. The Government contended that the complaints should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev, Kharon Musayev and Usman Mavluyev had not yet been completed. They further argued that it had been open to the applicants to lodge court complaints about the allegedly unlawful detention of their relatives or to challenge in court any acts or omissions of the investigating or other law-enforcement authorities, but that the applicants had not availed themselves of that remedy.
160. The applicants contested that objection. They stated that the criminal investigations had proved to be ineffective and that their complaints to that effect had been futile. Any other remedies in such a situation would be ineffective. The first nine applicants referred to the decision of the Basmannyy District Court of Moscow of 2004, as confirmed on appeal, by which their civil claim against the State had been dismissed as manifestly ill-founded, in the absence of any conclusions from the criminal investigation.
B. The Court's assessment
161. 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).
162. The Court first notes, having regard to the Government's objection concerning the applicants' failure to complain about the detention of their relatives, that the authorities denied responsibility for the missing persons. In such circumstances, and in particular in the absence of any proof to confirm the very fact of the detention, even assuming that the remedy referred to by the Government was accessible to the applicants, it is more than questionable whether a court complaint would have had any prospects of success. Moreover, the Government have not demonstrated that the remedy indicated by them would have been capable of providing redress in the applicants' situation, namely that it would have l
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