dispute, in particular when faced with allegations of disappearance under Article 2 of the Convention (for a summary of these, see Bazorkina v. Russia, No. 69481/01, §§ 103 - 109, 27 July 2006). The Court also notes that the conduct of the parties when evidence is being obtained has to be taken into account (see Ireland v. the United Kingdom, 18 January 1978, § 161, Series A No. 25).
129. The applicants maintained that Kazbek Vakhayev had been apprehended on 1 August 2000 at his home, subsequently placed in the detention facility of the Urus-Martan VOVD and never released. They alleged that he had been killed by State agents and that his body had been discovered near the village of Goy-Chu.
130. The Government submitted that Kazbek Vakhayev had been detained on 1 August 2000 under the Decree on Measures for the Prevention of Vagrancy and Mendicancy. He had been placed in the detention facility of the Urus-Martan VOVD on the same date and released on 11 August 2000.
131. The Court observes that it is not disputed between the parties that Kazbek Vakhayev had been arrested on 1 August 2000. However, according to the applicants, he was never released and had eventually been killed by State agents, whereas the Government contended that he was released on 11 August 2000.
132. The Court notes, firstly, that despite its repeated requests for a copy of the investigation file concerning the disappearance of Kazbek Vakhayev, the Government have failed to produce it, despite having submitted ninety-three pages of case file materials, which contained decisions on the institution, suspension and resumption of the investigation, decisions to grant victim status and court decisions concerning the first applicant's complaints. They referred to Article 161 of the Code of Criminal Procedure. The Court observes that in previous cases it has already found this explanation insufficient to justify the withholding of key information requested by the Court (see Imakayeva v. Russia, No. 7615/02, § 123, ECHR 2006-...).
133. The Court further notes that in response to its direct request to submit copies of all documents related to Kazbek Vakhayev's arrest on 1 August 2000 and his subsequent detention, including an extract from the detention facility register confirming his release, the Government submitted no documents and provided no explanation for such failure.
134. As regards the substance of the Government's submissions, the Court observes that they are not consistent with the interim findings of the domestic investigation. Whereas the Government submitted that, after having been arrested for vagrancy on 1 August 2000, Kazbek Vakhayev was released on 11 August 2000, in the decision to institute criminal proceedings of 18 October 2000 and subsequent decisions to suspend and resume the investigation which have been made available to the Court, it is stated that Kazbek Vakhayev and the other three men were released on 14 August 2000. In view of the Government's failure to submit documents related to Kazbek Vakhayev's detention or any documents from the investigation file which would allow the Court to determine on which basis the Government's submissions and the above interim findings were founded, the Court cannot rely on either of them.
135. Having regard to the inconsistency in the Government's submissions and the interim findings of the domestic investigation and to the Government's failure, despite the Court's requests for documents, to provide any proof of Kazbek Vakhayev's release from custody, the Court finds it established that he remained in continued detention under State control from 1 August 2000 onwards.
136. The Court must further decide whether Kazbek Vakhayev may be presumed dead. The applicants contended that they identified one of the bodies found near the village of Goy-Chu on 22 August 2000 as Kazbek Va
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