may be understood to be suggesting that there was an abuse of the right of petition on the part of the applicants. It observes in this respect connection that the complaints the applicants brought to its attention concerned genuine grievances. Nothing in the case files reveals any appearance of abuse of their right of individual petition. Accordingly, the Government's objection must be dismissed.
III. The government's objection as to non-exhaustion
of domestic remedies
A. The parties' submissions
106. The Government contended that the applications should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Lecha Basayev and Lema Dikayev had not yet been completed. They further argued that it had been open to the applicants to challenge in court any actions or omissions of the investigating or other law enforcement authorities. In addition, the applicants could have applied to domestic courts with requests to declare their relatives as deceased or missing persons. According to the Government, the applicants' failure to pursue this remedy demonstrates that they did not believe that their relatives were dead.
107. The applicants contested that objection. They stated that the criminal investigation had proved to be ineffective. Referring to the other cases concerning such crimes reviewed by the Court, they also alleged that the existence of an administrative practice of non-investigation of crimes committed by State servicemen in Chechnya rendered any potentially effective remedies inadequate and illusory in their case.
B. The Court's assessment
108. The Court reiterates that Article 35 § 1 of the Convention provides for a distribution of the burden of proof. It is incumbent on the Government claiming non-exhaustion to satisfy the Court that the remedy was an effective one available in theory and in practice at the relevant time, that is to say, that it was accessible, capable of providing redress in respect of the applicant's complaints and offered reasonable prospects of success (see Selmouni v. France [GC], No. 25803/94, § 76, ECHR 1999-V, and Mifsud v. France (dec.), No. 57220/00, § 15, ECHR 2002-VIII).
109. As regards the Government's argument that the applicants had failed to apply to the courts to have their relatives declared missing or dead, the Court notes that they provided no information as to how such proceedings could have provided the applicants with adequate redress. Accordingly, the Court finds that the Government did not substantiate that the remedy the applicants had allegedly failed to make use of was an effective one (see, among other authorities, Kranz v. Poland, No. 6214/02, § 23, 17 February 2004, and Skawinska v. Poland (dec.), No. 42096/98, 4 March 2003). It therefore dismisses the Government's objection in this part.
110. As regards criminal law remedies raised by the Government in the present case, the Court observes that the applicants complained to the law enforcement authorities immediately after the abduction of Lecha Basayev and Lema Dikayev and that an investigation has been pending since 23 August 2002. The applicants and the Government dispute the effectiveness of the investigation.
111. The Court further considers that the Government's objection concerning the applicants' failure to exhaust criminal domestic remedies raises issues relating to the effectiveness of the investigation which are closely linked to the merits of the applicants' complaints under Article 2. Thus, it decides to join this objection to the merits and considers that these matters fall to be examined below under the relevant substantive provisions of the Convention.
IV. The Court's assessment of the evidence
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