relatives of a victim of a serious human rights violation. Relevant elements will include the proximity of the family tie, the particular circumstances of the relationship, the extent to which the family member witnessed the events in question, the involvement of the family member in the attempts to obtain information about the disappeared person and the way in which the authorities responded to those enquiries. The Court would further emphasise that the essence of such a violation does not mainly lie in the fact of the "disappearance" of the family member but rather concerns the authorities' reactions and attitudes to the situation when it is brought to their attention. It is especially in respect of the latter that a relative may claim directly to be a victim of the authorities' conduct (see Orhan, cited above, § 358, and Imakayeva, cited above, § 164).
128. In the present case the Court notes that the first and second applicants are the parents of Mayrudin Khantiyev and the third and fourth applicants are his wife and son. The third and first applicants were witnesses to the abduction of their close relative. The first to third applicants were involved in the search for Mayrudin Khantiyev. The Court considers that although the fourth applicant could not have been expected to communicate with the authorities owing to his young age, he was also adversely affected by the fact of his father's disappearance. The applicants have had no news of Mayrudin Khantiyev for over seven years. Throughout this period they applied to various bodies with enquiries about his fate. Despite those attempts, the applicants have never received any plausible explanation as to what became of him following his abduction. The Court's findings under the procedural aspect of Article 2 are also of direct relevance here.
129. In view of the above, the Court finds that the applicants suffered distress and anguish as a result of the disappearance of Mayrudin Khantiyev and their inability to find out what had happened to him. The manner in which their complaints were dealt with by the authorities must be considered to constitute inhuman and degrading treatment contrary to Article 3.
130. The Court therefore concludes that there has been a violation of Article 3 of the Convention in respect of the applicants.
IV. Alleged violation of Article 5 of the Convention
131. The applicants further stated that Mayrudin Khantiyev 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 det
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