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90. 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 of the case and considers that the issue falls to be examined below.
II. Alleged violation of Article 2 of the Convention
91. The applicants complained that Amir Magomedov and Ali Uspayev had been arrested by Russian servicemen and then disappeared and that Aslan Dokayev and Rustam Achkhanov had been shot and taken away by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation into these matters. They relied on Article 2 of the Convention, which 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. Arguments of the parties
92. The Government argued that there was no convincing evidence that Amir Magomedov, Ali Uspayev, Aslan Dokayev and Rustam Achkhanov were dead. Neither was it proven that the four men had been arrested by State servicemen. The Government emphasised that Aslan Dokayev and Rustam Achkhanov had run away from servicemen who had intended to check their identities and that there had been weapons found in the VAZ 2106 car. The Government further argued that the investigation into the murder and kidnapping had been effective and was pending before an independent State agency. The applicants had been informed of progress in the investigation in due course. Repeated suspensions and resumptions of the investigation only showed that the proceedings had been ongoing and the requisite investigative measures had been taken.
93. The applicants maintained that it was beyond reasonable doubt that the men who had shot Aslan Dokayev and Rustam Achkhanov and arrested Amir Magomedov and Ali Uspayev had been State agents because the federal forces had carried out a special operation on 18 July 2001 and the perpetrators had been travelling in APCs, which could only be used by State agencies. They further complained that the investigation into the murder and kidnapping of their relatives had been protracted and ineffective.
B. The Court's assessment
1. Admissibility
94. The Court considers, in the light of the parties' submissions, that the complaint raises serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. The Court has already found that the Government's objection concerning the alleged non-exhaustion of criminal domestic remedies should be joined to the merits of the complaint (see paragraph 90 above). The complaint under Article 2 of the Convention must therefore be declared admissible.
2. Merits
(a) The alleged violation of the right to life of Amir Magomedov, Ali Uspayev, Aslan Dokayev and Rustam Achkhanov
i. Establishment of the facts
95. The Court reiterates that, in the light of the importance of the protection afforded by Article 2, it must subject deprivations of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the
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