y of the submitted documents and to restrict public access to the submitted documentation. In their request the Government stated that the criminal investigation was still in progress and that public disclosure of the documents could be detrimental to the interests of participants in the criminal proceedings.
75. The Government further stated that a copy of the entire investigation file could not be submitted to the Court owing to the absence of any guarantees on the part of the Court of non-disclosure of the secret data contained in the investigation file. In this respect the Government referred to Article 161 of the Criminal Procedure Code, since the file contained information concerning participants in criminal proceedings. They also cited, by way of comparison, the Rome Statute of the International Criminal Court of 17 July 1998 (Articles 70 and 72) and the Statute of the International Criminal Tribunal for the former Yugoslavia (Articles 15 and 22) and argued that these instruments provided for personal responsibility for a breach of the rules of confidentiality.
II. Relevant domestic law
76. For a summary of the relevant domestic law see Akhmadova and Sadulayeva v. Russia (No. 40464/02, §§ 67 - 69, 10 May 2007).
THE LAW
I. The Government's objection regarding
non-exhaustion of domestic remedies
A. The parties' submissions
77. The Government contended that the complaint should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Ruslan Magomadov had not yet been completed.
78. The applicants contested that objection. They stated that the criminal investigation had proved to be ineffective. Referring to other cases concerning such crimes reviewed by the Court, they also alleged that the existence of an administrative practice of non-investigation of crimes committed by State servicemen in Chechnya rendered any potentially effective remedies inadequate and illusory in their case.
B. The Court's assessment
79. The Court will examine the arguments of the parties in the light of the provisions of the Convention and its relevant practice (for a relevant summary, see Estamirov and Others v. Russia, No. 60272/00, §§ 73 - 74, 12 October 2006).
80. As regards criminal law remedies provided for by the Russian legal system, the Court observes that the applicants complained to the law enforcement authorities immediately after the kidnapping of Ruslan Magomadov and that an investigation has been pending since 9 February 2003. The applicants and the Government dispute the effectiveness of the investigation of the kidnapping.
81. The Court considers that 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 of the case and considers that the issue falls to be examined below.
II. The court's assessment of the evidence
and the establishment of the facts
A. The parties' arguments
82. The applicants maintained that it was beyond reasonable doubt that the men who had taken away Ruslan Magomadov were State agents. In support of their complaint they referred to the following facts. At the material time Grozny had been under the total control of federal troops. There had been Russian military checkpoints on the roads leading to and from the town. The abduction had been carried out in the vicinity of a Russian federal forces checkpoint. The armed men who had abducted Ruslan Magomadov spoke Russian without an accent, which proved that they were not of Chechen origin. The men had arrived in mili
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