ith broken skull bones.
59. On an unspecified date the first applicant identified one of the dead bodies as his son, Idris Gakiyev. He was then granted victim status in case No. 32027 and questioned.
60. The town prosecutor's office decided to transfer the investigation file in case No. 26074 to the district prosecutor's office pursuant to the territorial jurisdiction rules.
61. On 13 May 2004 the district prosecutor's office joined case No. 26075 to case No. 32027. The joined case file was assigned the number 32027.
62. The investigators questioned ten servicemen of the task force unit of the town of Zlatoust, the Chelyabinsk Region. The Government did not disclose their last names. The servicemen stated that in November - December 2003 they had been on mission in Argun but had not heard of its residents' kidnapping on 30 November 2003.
63. The Chechen FSB informed the investigators that they had no information concerning Idris Gakiyev and the Elmarzayev brothers.
64. The investigators checked whether Idris Gakiyev had been kept in any temporary detention facilities of the Chechen Republic.
65. On an unspecified date a former investigator of the district prosecutor's office was questioned. He stated that on 29 March 2004 the police had informed the district prosecutor's office that the remains of five dead bodies had been found in two pits at Sapernaya Street in Grozny; two corpses had been skeletonised and three others had borne obvious marks of a violent death. Two criminal cases had been instituted that had later been joined under the number 32027.
66. On 19 January 2008 Mr Elmarzayev was again questioned as a victim. He stated that the armed men travelling in the APC and an UAZ vehicle who had kidnapped his sons on 30 November 2003 belonged to the task force unit under the command of Mr P. The servicemen had taken his sons' identity papers and driver's licenses and his unemployment registration card. That information remained unconfirmed.
67. The first applicant and Mr Elmarzayev refused to disclose their sources of information, claiming that they feared for their lives.
68. The investigation in case No. 32027, which had so far failed to identify the perpetrators, was ongoing. The implication of any law-enforcement agencies in the crime had not been established.
69. Despite specific requests by the Court, the Government did not disclose any documents of the investigation file in case No. 32027. Relying on the information obtained from the Prosecutor General's Office, the Government stated that the investigation was in progress and that disclosure of the documents would be in violation of Article 161 of the Code of Criminal Procedure since the file contained information of a military nature and personal data concerning witnesses or other participants in the criminal proceedings.
II. Relevant domestic law
70. 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 objection regarding
non-exhaustion of domestic remedies
A. The parties' submissions
71. The Government contended that the application should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation of the kidnapping and murder of Idris Gakiyev had not yet been completed. It was also open to the applicants to complain about inaction of the investigators to higher prosecutors' offices or to courts, as well as to lodge civil claims for pecuniary and non-pecuniary damages, which they had failed to do.
72. The applicants contested that objection. They stated that the criminal investigation had been pending for five years wit
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