heir detention. The responses they received mostly denied State responsibility for their relatives' disappearance or informed them that the investigation was ongoing. The Court's findings under the procedural aspect of Article 2 are also of direct relevance here.
80. The Court therefore concludes that there has also been a violation of Article 3 of the Convention in respect of the applicants.
V. Alleged violation of Article 5 of the Convention
81. The applicants further stated that Usman Umalatov and Shamad Durdiyev had been detained in violation of the guarantees contained in Article 5 of the Convention, which reads, in so far as relevant:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:...
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
...
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation."
A. The parties' submissions
82. The Government asserted that no evidence had been obtained by the investigators to confirm that Usman Umalatov and Shamad Durdiyev had been deprived of their liberty. They were not listed among the persons kept in detention centres and none of the regional law-enforcement agencies had authorised their detention either on criminal or on administrative charges. On 15 October 2002 they were simply invited to the Nadterechny ROVD and then to the district department of the FSB in order to ascertain their identities and for a conversation with the FSB officers. This description was confirmed by the statements of the officials of the ROVD and of the FSB and by the documents contained in the investigation files. The actions of the servicemen were lawful in view of the order of the district military commander and, in a wider sense, the Law on the Suppression of Terrorism.
83. The applicants reiterated the complaint.
B. The Court's assessment
1. Admissibility
84. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that the complaint is not inadmissible on any other grounds and must therefore be declared admissible.
2. Merits
85. The Court has previously noted the fundamental importance of the guarantees contained in Article 5 to secure the right of individuals in a democracy to be free from arbitrary detention. It has also stated that 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, ci
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