ng. He has not been seen since that day and his family have had no news of him. In such circumstances the Government's reference to the absence of final conclusions from the criminal investigation is insufficient to absolve the Government from their responsibility to account for the fate of detainees last seen alive in their hands (see Akkum and Others, cited above, § 211).
187. The Government questioned the credibility of certain testimonies in view of discrepancies relating to the exact circumstances of the arrest. The Court notes in this connection that no other elements underlying the applicant's submissions as to the facts have been disputed by the Government. In the Court's view, the fact that over a period of several years the witnesses' recollection of an event differed in rather insignificant details does not in itself suffice to cast doubt on the overall veracity of their statements.
188. The Court observes that the situation in which Usman Mavluyev was arrested should be regarded as life-threatening (see paragraph 183 above). The absence of Usman Mavluyev or of any news of him for ten years supports this assumption. The Court also remarks that, as follows from the documents contained in the file, the fate of another man who had been detained together with the tenth applicant's husband was investigated and remains unknown (see paragraph 130 above). This sequence of events strongly suggests that the two men were treated together.
189. Accordingly, the Court finds that the evidence available permits it to establish that Usman Mavluyev must be presumed dead following his unacknowledged detention by State servicemen.
IV. Alleged violation of Article 2 of the Convention
190. The applicants complained under Article 2 of the Convention that their relatives had been deprived of their lives by Russian 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. The parties' submissions
1. In respect of the disappearance of Khasan Batayev,
Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov,
Sayd-Ali Musayev and Kharon Musayev
191. The Government contended that the domestic investigation had obtained no evidence to the effect that Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev were dead or that any servicemen of the federal law-enforcement agencies had been involved in their kidnapping or alleged killing. The Government claimed that the investigation into the kidnapping of the applicants' relatives met the Convention requirement of effectiveness, as all measures available under national law were being taken to identify those responsible.
192. The applicants argued that Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev had been detained by State servicemen and should be presumed dead in the absence of any reliable news of them for several years. The applicants also argued that the investigation had not met the effectiveness and adequacy requirements laid down by the Court�
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