Asadulayev should be presumed dead following his disappearance in life-threatening circumstances and in the absence of any news of him for several years. They also argued that the prosecuting authorities had failed to carry out crucial investigative steps such as questioning the security personnel at the checkpoints and Mr G. The applicants had not been properly informed of the most important investigative measures. The investigation had been adjourned and resumed several times. It had been ongoing for four years without producing any known results.
B. The Court's assessment
1. Admissibility
76. The Court considers, in the light of the parties' submissions, that the complaint raises serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. Further, the Court has already found that the Government's objection concerning the alleged non-exhaustion of domestic remedies should be joined to the merits of the complaint (see paragraph 68 above). The complaint under Article 2 of the Convention must therefore be declared admissible.
2. Merits
(a) The alleged violation of the right to life of Bekman Asadulayev
77. The Court reiterates that, in the light of the importance of the protection afforded by Article 2, it must subject deprivations of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances. Detained persons are in a vulnerable position and the obligation on the authorities to account for the treatment of a detained individual is particularly stringent where that individual dies or disappears thereafter (see, among other authorities, Orhan v. Turkey, No. 25656/94, § 326, 18 June 2002, and the authorities cited therein). Where the events in issue lie wholly, or in large part, within the exclusive knowledge of the authorities, as in the case of persons within their control in detention, strong presumptions of fact will arise in respect of injuries and death occurring during that detention. Indeed, the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see Salman v. Turkey [GC], No. 21986/93, § 100, ECHR 2000-VII, and {Cakici} v. Turkey [GC], No. 23657/94, § 85, ECHR 1999-IV).
78. The Court observes that it has developed a number of general principles relating to the establishment of facts in 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).
79. These principles also apply to cases in which, although it has not been proved that a person has been taken into custody by the authorities, it is possible to establish that he or she entered a place under their control and has not been seen since. In such circumstances, the onus is on the Government to provide a plausible explanation of what happened on the premises and to show that the person concerned was not detained by the authorities, but left the premises without subsequently being deprived of his or her liberty (see {Tanic} and Others v. Turkey, No. 65899/01, § 160, ECHR 2005-VIII).
80. The applicants alleged that on 14 January 2004 their relative, Bekman Asadulayev, had been abducted by State agents from the secure grounds of the MVD and had then disappeared. The applicants had not been eyewitnesses to those events. However, they submitted a written statement by Mr A., who had accompanied Bekman Asadulayev on that day; three hand-drawn maps of the grounds of the MVD; the first applicant�
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