ight 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 alleged violation of the right to life
of Abu Khasuyev
112. The applicant maintained her complaint and argued that her son had been detained by State servicemen and should be presumed dead in the absence of any reliable news of him for several years.
113. The Government referred to the fact that the investigation had obtained no evidence to the effect that Abu Khasuyev was dead, or that representatives of the federal power structures had been involved in his abduction or alleged killing.
114. Article 2, which safeguards the right to life and sets out the circumstances when deprivation of life may be justified, ranks as one of the most fundamental provisions in the Convention, to which no derogation is permitted. In the light of the importance of the protection afforded by Article 2, the Court must subject deprivation of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances (see, among other authorities, McCann and Others v. the United Kingdom, judgment of 27 September 1995, Series A No. 324, §§ 146 - 147, and {Avsar} v. Turkey, No. 25657/94, § 391, ECHR 2001-VII (extracts)).
115. The Court has already established that the applicant's son must be presumed dead following unacknowledged arrest by State servicemen. In the absence of any justification put forward by the Government, the Court finds that his death can be attributed to the State and that there has been a violation of Article 2 in respect of Abu Khasuyev.
B. The alleged inadequacy of the investigation
into the abduction
116. The applicant argued that the investigation into her son's disappearance had fallen short of the requirements of domestic law and the Convention standards. She pointed out that although she had informed the authorities about her son's abduction on 30 August 2001 the investigation had not commenced until 27 October 2001 (and/or 22 December 2001), almost two months after her son's abduction. The applicant pointed out that from 22 December 2001 to 29 June 2004, that is for more than two years, she had been the only witness questioned by the investigation. The applicant also pointed out that prior to the communication of her application to the respondent Government, only she and two of her relatives had been questioned by the investigation; that the authorities had failed to question a number of important witnesses, including the military servicemen who had been on duty at the checkpoint and could have witnessed Abu Khasuyev's abduction, as well as local residents who also could have witnessed the events. In addition, the investigation had failed to take any measures to establish the law enforcement agency to which the vehicles used during her son's abduction could have belonged. The applicant argued that the investigation had been excessively long, that it had been pending for more than seven years but had failed to produce any tangible results, having been repeatedly suspended and reopened. Furthermore, although the authorities had provided the applicant with copies of the decisions concerning the suspensions of the criminal investigation, these docu
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