g. The Court's findings under the procedural aspect of Article 2 are also of direct relevance here.
102. The Court therefore concludes that there has been a violation of Article 3 of the Convention in respect of the applicants.
V. Alleged violation of Article 5 of the Convention
103. The applicants further stated that their sons Gilani Iriskhanov and Zurab Iriskhanov 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 complaint concerning Gilani Iriskhanov
104. In their observations on the admissibility and merits of the application the applicants stated that they no longer wished to maintain this complaint.
105. The Court, having regard to Article 37 of the Convention, notes that the applicants do not intend to pursue this part of the application, within the meaning of Article 37 § 1 (a). The Court also finds no reasons of a general character, affecting respect for human rights, as defined in the Convention, which require further examination of the present complaints by virtue of Article 37 § 1 of the Convention in fine (see, for example, among other authorities, Stamatios Karagiannis, cited above).
106. It follows that this part of the application must be struck out in accordance with Article 37 § 1 (a) of the Convention.
B. The complaint concerning Zurab Iriskhanov
1. The parties' submissions
107. The Government asserted that no evidence had been obtained by the investigators to confirm that Zurab Iriskhanov had been deprived of his liberty. He was not listed among the persons kept in detention centres and none of the regional law-enforcement agencies had information about his detention.
108. The applicants reiterated their complaint in respect of Zurab Iriskhanov.
2. The Court's assessment
a. Admissibility
109. 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.
b. Merits
110. 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 detenti
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