that normally applicable when determining whether State action is "necessary in a democratic society" under paragraph 2 of Articles 8 to 11 of the Convention. Consequently, the force used must be strictly proportionate to the achievement of the permitted aims. In the light of the importance of the protection afforded by Article 2, the Court must subject deprivations of life to the most careful scrutiny, particularly where deliberate lethal force is used, taking into consideration not only the actions of State agents who actually administer the force but also all the surrounding circumstances including such matters as the planning and control of the actions under examination (see McCann and Others v. the United Kingdom, 27 September 1995, §§ 146 - 50, Series A No. 324, and Andronicou and Constantinou v. Cyprus, 9 October 1997, § 171, Reports 1997-V).
83. 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 violations of Article 2 of the Convention (for a summary of these, see Bazorkina v. Russia, No. 69481/01, §§ 103 - 09, 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).
84. The applicants maintained that it was beyond reasonable doubt that the ZIL-130 lorry in which the first applicant and her two sons had been travelling had been fired at by Russian servicemen and that the latter had killed Umar Zabiyev. They emphasised that the domestic authorities had established military involvement in the armed attack on the ZIL-130 lorry.
85. The Government insisted that the death of the applicants' relative was not imputable to the State.
86. The Court notes that, despite its requests for a copy of the entire file on the investigation into the murder of Umar Zabiyev, the Government refused to produce the documents from the case file on the ground that they were precluded from providing them by Article 161 of the Code of Criminal Procedure. The Court observes that in previous cases it has 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-XIII).
87. In view of the foregoing and bearing in mind the principles referred to above, the Court finds that it can draw inferences from the Government's conduct in this respect.
88. The Court first observes that the Government referred to certain documents from the investigation file that had contained information about an armed confrontation on 10 June 2003 between federal servicemen and insurgents near Galashki (see paragraph 52 above). However, they claimed that the information in question had remained unconfirmed (see paragraph 53 above). The Court is perplexed by the ambiguity of the Government's assertions. In any event, it does not deem it necessary to establish whether there were any clashes between the Russian military and insurgents on the day of the attack on the Zabiyevs' lorry because it is not relevant for the establishment of the facts in the present case. The Court will need, however, to determine whether the persons who attacked the Zabiyevs belonged to State agencies.
89. The Court considers in this connection that the applicants have presented a coherent and convincing picture of the events in question. Their account of the events was supported by the witnesses and the domestic investigation.
90. In particular, Mr D. and Mr O. informed both the applicants and the investigators that they had seen a large group of armed men not far from the place where the Zabiyevs' lorry had come under fire and that those men had checked their identity papers (see paragraphs 11 and 30 above). In the Court's view, th
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