Abu Khasuyev.
85. In response to the Court's request, the Government submitted a substantial number of documents from the investigation file, comprising two volumes and running to 416 pages. The Government requested the Court to apply Rule 33 § 3 of Rules of Court concerning confidentiality of the submitted documents and to restrict public access to the documentation submitted. In their request the Government stated that the criminal investigation was still in progress and that public disclosure of the documents submitted could be detrimental to the interests of participants in the criminal proceedings.
86. 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 the participants in the criminal proceedings.
II. Relevant domestic law
87. For a summary of relevant domestic law see Akhmadova and Sadulayeva v. Russia (No. 40464/02, §§ 67 - 69, 10 May 2007).
THE LAW
I. The Government's preliminary objection
A. Arguments of the parties
88. The Government contended that the application should be declared inadmissible for non-exhaustion of domestic remedies as the investigation into the disappearance of Abu Khasuyev was still in progress. They further submitted that the applicant had the right to appeal against the investigators' decisions to supervising prosecutors or domestic courts.
89. The applicant contested that objection. She contended that the Government had not indicated which particular domestic remedy she had not availed herself of and further stated that the Government's argument to the effect that the investigation was pending related to the merits of the present case rather than to the question of its admissibility.
B. The Court's assessment
90. In the present case, the Court took no decision about the exhaustion of domestic remedies at the admissibility stage, having found that this question was too closely linked to the merits. It will now proceed to 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).
91. As regards the Government's objection concerning the pending criminal investigation, that is criminal law remedies, the Court observes that the applicant complained to the law enforcement authorities after the abduction of her son and that the investigation has been pending since 27 October 2001. The applicant and the Government dispute the effectiveness of this investigation.
92. The Court considers that this limb of the Government's preliminary objection raises issues concerning the effectiveness of the criminal investigation which are closely linked to the merits of the applicant's complaints. Thus, it considers that these matters fall to be examined below under the substantive provisions of the Convention.
II. The Court's assessment of the evidence and
the establishment of the facts
A. The parties' arguments
93. The applicant argued that it was beyond reasonable doubt that Abu Khasuyev had been detained by representatives of the Russian federal forces, this fact being confirmed by eyewitness statements. In particular, she stated that the abduction of Abu Khasuyev had been carried out by a large group of Russian-speaking representatives of law enforcement agencies who had been armed and driving t
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