on its own provisions, to be interpreted and applied on the basis of the objectives of the Convention and in light of the relevant principles of international law (see {Avsar} v. Turkey, No. 25657/94, § 284, ECHR 2001-VII (extracts)).
93. Furthermore, in the {Timurtas} v. Turkey judgment (No. 23531/94, §§ 82 - 83, ECHR 2000-VI) the Court stated:
"...where an individual is taken into custody in good health but is found to be injured at the time of release, it is incumbent on the State to provide a plausible explanation of how those injuries were caused, failing which an issue arises under Article 3 of the Convention... In the same vein, Article 5 imposes an obligation on the State to account for the whereabouts of any person taken into detention and who has thus been placed under the control of the authorities... Whether the failure on the part of the authorities to provide a plausible explanation as to a detainee's fate, in the absence of a body, might also raise issues under Article 2 of the Convention will depend on all the circumstances of the case, and in particular on the existence of sufficient circumstantial evidence, based on concrete elements, from which it may be concluded to the requisite standard of proof that the detainee must be presumed to have died in custody...
In this respect the period of time which has elapsed since the person was placed in detention, although not decisive in itself, is a relevant factor to be taken into account. It must be accepted that the more time goes by without any news of the detained person, the greater the likelihood that he or she has died. The passage of time may therefore to some extent affect the weight to be attached to other elements of circumstantial evidence before it can be concluded that the person concerned is to be presumed dead. In this respect the Court considers that this situation gives rise to issues which go beyond a mere irregular detention in violation of Article 5. Such an interpretation is in keeping with the effective protection of the right to life as afforded by Article 2, which ranks as one of the most fundamental provisions in the Convention..."
94. In view of the above, the Court identified a number of crucial elements in the present case that should be taken into account when deciding whether Bekman Asadulayev can be presumed dead. Thus, the Court points out that it has found it established that the applicants' relative was abducted from the secure premises of the MVD by unidentified State agents. There has been no news of him since that date, which is more than five years ago. The Court particularly stresses that in a number of cases concerning disappearance of people in the Chechen Republic it repeatedly held that when a person is detained by unidentified State agents without any subsequent acknowledgment of the detention, this can be regarded as life-threatening (see, among many other authorities, Bazorkina and Imakayeva, both cited above; Luluyev and Others v. Russia, No. 69480/01, ECHR 2006-... (extracts); Baysayeva v. Russia, No. 74237/01, 5 April 2007; Akhmadova and Sadulayeva v. Russia, No. 40464/02, 10 May 2007, and Alikhadzhiyeva v. Russia, No. 68007/01, 5 July 2007). The Court has found the same considerations to apply to a situation where a person entered the premises of a police station and went missing for years (see Yusupova and Zaurbekov v. Russia, No. 22057/02, § 55, 9 October 2008). The absence of any news of Bekman Asadulayev for over five years corroborates this assumption. Moreover, his name has not been found in the official records of any detention facility. Lastly, the Government failed to provide any explanation for Bekman Asadulayev's disappearance, and the official investigation into his kidnapping, which has been dragging on for more than five years, has produced no known results.
95. For the above reasons the Court finds it established that Bekman Asadulayev s
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