here, driving along the central street, the vehicles continued in the direction of Katyr-Yurt in Achkhoy-Martan district. After the servicemen left, he found out that they had taken away his neighbours Aslambek and Aslan Ismailov, Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev.
58. On an unspecified date the investigators received a letter from the Special Envoy of the Russian President in the Chechen Republic for Rights and Freedoms ("the Envoy"), stating that the first applicant had complained to him about the abduction of his relatives by federal servicemen under the command of colonel L.Ch.
59. On unspecified dates the investigators forwarded requests to the military prosecutor's office of military unit No. 20102 in Khankala and the Chechnya FSB, asking whether the abducted men were being detained on their premises. According to the replies, these agencies had not conducted any special operations in Achkhoy-Martan at the material time and had not detained the applicants' relatives.
60. On unspecified dates the investigators forwarded requests to various law enforcement agencies in Chechnya and the Northern Caucasus, including prosecutors' offices and military commanders' offices, asking for any information these agencies had concerning the abducted men. According to the replies, no information was available; no criminal proceedings were pending against the abducted men, no special operations had been conducted against them, they had not applied for medical help, their corpses had not been found and no custody records were available in respect of them.
61. On an unspecified date the investigators forwarded a request to the ORB in Grozny, asking whether they had arrested and detained the applicants' relatives. According to the agency's reply, they had not arrested or detained them.
62. The Government further submitted that although the investigation had failed to establish the whereabouts of Aslambek Ismailov, Aslan Ismailov, Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev, it was still in progress and all necessary investigative and operational search measures were being taken to solve the crime.
63. Despite specific requests by the Court the Government did not disclose most of the contents of criminal case No. 44009, providing copies of only twenty-two documents. They stated that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained personal data concerning the witnesses or other participants in the criminal proceedings.
II. Relevant domestic law
64. 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. The government's objection regarding non-exhaustion
of domestic remedies
A. The parties' submissions
65. The Government contended that the application should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Aslambek Ismailov, Aslan Ismailov, Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev had not yet been completed. They further argued that it had been open to the applicants to challenge in court any acts or omissions of the investigating authorities, but the applicants had not availed themselves of that remedy. They also argued that it had been open to the applicants to claim damages through civil proceedings but that they had failed to do so.
66. The applicants contested that objection. They stated that the only effective remedy in their case was the criminal investigation, which had proved to be ineffective. With reference to the Court's practice, they argued that they were not obliged to pursue
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