onvention should have been used. However, there is no obligation to have recourse to remedies which are inadequate or ineffective (see Aksoy v. Turkey, 18 December 1996, §§ 51 - 52, Reports of Judgments and Decisions 1996-VI; Akdivar and Others v. Turkey, 16 September 1996, §§ 65 - 67, Reports 1996-IV, and, most recently, Cennet Ayhan and Mehmet Salih Ayhan v. Turkey, No. 41964/98, § 64, 27 June 2006).
64. It is incumbent on the respondent Government claiming non-exhaustion to indicate to the Court with sufficient clarity the remedies to which the applicants have not had recourse and to satisfy the Court that the remedies were effective and available in theory and in practice at the relevant time, that is to say that they were accessible, were capable of providing redress in respect of the applicant's complaints and offered reasonable prospects of success (see Akdivar and Others, cited above, § 68, or Cennet Ayhan and Mehmet Salih Ayhan, cited above, § 65).
65. Having regard to the Government's arguments, the Court notes that the Russian legal system provides, in principle, two avenues of recourse for victims of illegal and criminal acts attributable to the State or its agents, namely, civil and criminal remedies.
66. As regards a civil action for compensation for damage caused by unlawful conduct of State agents, the Court has already found in a number of similar cases that this procedure alone cannot be regarded as an effective remedy in the context of claims brought under Article 2 of the Convention. A civil court is unable to pursue any independent investigation and is incapable, without the benefit of the conclusions of a criminal investigation, of making any meaningful findings regarding the identity of the perpetrators of fatal assaults or disappearances, still less of establishing their responsibility (see Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, §§ 119 - 121, 24 February 2005, and Estamirov and Others v. Russia, No. 60272/00, § 77, 12 October 2006). In the light of the above, the Court considers that the applicants were not obliged to pursue civil remedies.
67. As regards law remedies provided for by the Russian legal system, the Court observes that the applicants complained to the law enforcement authorities shortly after the abduction of Bekman Asadulayev and that an investigation has been pending since 4 February 2004. The applicants and the Government dispute the effectiveness of the investigation into the kidnapping.
68. The Court considers that this part of the Government's objection raises issues concerning the effectiveness of the investigation which are closely linked to the merits of the applicants' complaints. Thus, it decides to join this objection to the merits and considers that the issue falls to be examined below under the substantive provisions of the Convention.
II. Alleged violation of Article 2 of the Convention
69. The applicants complained under Article 2 of the Convention that their relative had disappeared after being detained by State agents and that the authorities had failed to carry out an effective investigation into his disappearance. Article 2 reads:
"1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection."
A. The pa
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