ruary 2004 the unit military prosecutor's office informed the district prosecutor's office that on 11 September 2002 they had opened a criminal investigation into a crime of using or threatening violence against an official, allegedly committed by private A.M. On 21 December 2002 A.M., A.A. and Khasan Yusupov were charged with desertion from military service, committed by an armed group. The said persons have been put on the wanted list. The documents submitted by the Government contain no further information about the progress in any of these cases.
45. The first applicant was questioned again in February 2004. In March 2005 the investigation questioned and granted victim status to Khasan Yusupov's father. At that time the prosecutor's office compiled a comprehensive description of the missing man, including his clothes and physical details. In March 2005 the investigators also questioned once again Ilyas B.'s wife and Ibragim B., who was asked to provide a detailed description and a photo of his missing brother.
46. On 17 March 2005 the district prosecutor's office informed the victims that the investigation had been adjourned for failure to find the perpetrators.
47. According to the Government, the investigation failed to establish the whereabouts of Khasan Yusupov and three other men. The law enforcement authorities of Chechnya had never arrested or detained Khasan Yusupov on criminal or administrative charges and had not carried out a criminal investigation in his respect. There is no evidence linking them with illegal armed groups.
48. According to the documents and information submitted by the Government, between December 2003 and March 2008 the investigation was suspended and resumed on several occasions, and has so far failed to identify those guilty.
49. Despite specific requests by the Court the Government did not disclose the complete set of documents of criminal case No. 44690 and did not provide a list of documents contained within. Relying on information obtained from the Prosecutor General's Office, the Government stated that the investigation was in progress and that disclosure of the unspecified remaining documents would be in violation of Article 161 of the Code of Criminal Procedure, since the file contained personal data concerning other participants in the criminal proceedings.
II. Relevant domestic law
50. 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. Scope of the case
51. In reply to the Government's observations the applicants, referring to the same matters, relied on a substantive violation of Article 2 of the Convention and a violation of Article 5. The Court notes that these complaints were not included in the initial application, on which the Government have already commented. Nor did the applicants provide an explanation as to why they had failed to raise these complaints at an earlier stage. Finally, the Court notes that in their submissions to the domestic investigative authorities the applicants did not claim that Khasan Yusupov had been detained by the State authorities. Accordingly, the Court considers that it is not appropriate to deal with this matter in the present case (see Novitskiy v. Ukraine (dec.), No. 20324/03, 16 October 2007).
II. The Government's objection regarding
non-exhaustion of domestic remedies
A. The parties' submissions
52. 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 Khasan Yusupov had not yet been completed. Referring to Article 125 of the Criminal Procedural Code, they argued
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