.. (extracts); Baysayeva v. Russia, No. 74237/01, 5 April 2007; Akhmadova and Sadulayeva, cited above; and Alikhadzhiyeva v. Russia, No. 68007/01, 5 July 2007), in the context of the conflict in the Republic, when a person is detained by unidentified servicemen without any subsequent acknowledgment of the detention, this can be regarded as life-threatening. The absence of Ibragim Uruskhanov or of any news of him for several years supports this assumption, which was similarly acknowledged by a local court.
128. The Court further notes that, regrettably, it has been unable to benefit from the results of the domestic investigation, owing to the Government's failure to disclose most of the documents from the file (see paragraph 110 above). Nevertheless, it is clear that the investigation did not identify the perpetrators of the kidnapping.
129. Accordingly, the Court finds that the evidence available permits it to establish that Ibragim Uruskhanov must be presumed dead following his unacknowledged detention by State servicemen.
III. Alleged violation of Article 2 of the Convention
130. The applicant complained under Article 2 of the Convention that her son had disappeared after having been detained by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation of the matter. 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 parties' submissions
131. The Government contended that the domestic investigation had obtained no evidence to the effect that Ibragim Uruskhanov was dead or that any servicemen of the federal law enforcement agencies had been involved in his kidnapping or alleged killing. They claimed that the investigation into the kidnapping of the applicant's son met the Convention requirement of effectiveness, as all measures envisaged in national law were being taken to identify the perpetrators.
132. The applicant argued that Ibragim Uruskhanov had been detained by State servicemen and should be presumed dead in the absence of any reliable news of him for several years. She pointed out that the Government had not challenged any of the factual circumstances surrounding her son's abduction other then pointing out that the uniform, the machine-guns and the unaccented Russian could not serve as the definitive proof of the involvement of Russian servicemen in the abduction. The applicant further pointed out that the Government did not deny the presence of the military vehicles on the night of the abduction in the street located close to the applicant's house. The applicant also argued that the investigation had not met the requirements of effectiveness and adequacy, as required by the Court's case-law on Article 2. She stated that from the commencement of the investigation in April 2002 until October 2006 that is for more than four years she had been the only witness questioned by the investigators; that between October 2006 and October 2008 only two of her neighbours had been questioned by the investigators and that a number of other witnesses had been questioned only four and more years after the abduction, that the investigators had failed to verify the witnesses' statements concer
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