ed to the release of Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev, Kharon Musayev and Usman Mavluyev and the identification and punishment of those responsible (see Musayeva and Others v. Russia, No. 74239/01, § 69, 26 July 2007). Accordingly, the Government's objection in the part concerning non-exhaustion of domestic remedies must be dismissed.
163. As regards criminal-law remedies provided for by the Russian legal system, the Court observes that criminal investigations were opened upon the applicants' complaints and are currently pending. The parties dispute the effectiveness of those investigations.
164. 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.
III. The Court's assessment of the evidence
and the establishment of the facts
A. The parties' arguments
1. In respect of the disappearance of Khasan Batayev,
Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov,
Sayd-Ali Musayev and Kharon Musayev
(a) The applicants' account
165. The applicants maintained that it was beyond reasonable doubt that the men who had taken away Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev had been State agents. In support of their complaint they referred to the following facts. The men who had abducted their relatives had arrived in military vehicles - APCs - which could not have been available to anyone except State servicemen. They had acted in a manner similar to that of special forces carrying out identity checks. They had been wearing camouflage uniforms and had been armed with automatic weapons. All the information disclosed from the criminal investigation file supported their assertion as to the involvement of State agents in the abduction. 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 arrested, which should be recognised as life-threatening.
(b) The Government's account
166. The Government submitted that unidentified armed men had kidnapped Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev. They further contended that the investigation of the incident was pending, that there was no evidence that the men had been State agents and that there were therefore no grounds for holding the State liable for the alleged violations of the applicants' rights. They further argued that there was no convincing evidence that the applicants' relatives were dead.
167. The Government raised a number of objections to the applicants' presentation of the facts. Relying on the testimonies given to the domestic criminal investigation, of which no copies have been submitted to the Court, they argued that the statements made by the applicants and other witnesses were contradictory and inconsistent. The applicants had not been eyewitnesses to the abduction. They had failed to indicate the exact number of abductors and to explain the reason for their relatives gathering together at 44 Vostochnaya Street on 18 September 2000. The Government further argued that the testimonies as to the number of the cars seen parked at the house in question differed to some extent.
168. The Government questioned the weight of the statements by Ms Mu., who had witnessed the abduction of the six men. She had failed to specify the names of those abducted and the exact date of their abduction. She had not indicated wh
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