pril 2007; Akhmadova and Sadulayeva, cited above; and Alikhadzhiyeva v. Russia, No. 68007/01, 5 July 2007) in the context of the conflict in the Republic, when a person is detained by unidentified servicemen without any subsequent acknowledgment of the detention, this can be regarded as life-threatening. The absence of Bekkhan Alaudinov or of any news of him for several years supports this assumption.
82. The Court further notes that, regrettably, it has been unable to benefit from the results of the domestic investigation, owing to the Government's failure to disclose the documents from the file (see paragraph 58 above). Nevertheless, it is clear that the investigation did not identify the perpetrators of the kidnapping.
83. Accordingly, the Court finds that the evidence available permits it to establish that Bekkhan Alaudinov must be presumed dead following his unacknowledged detention by State servicemen.
III. Alleged violation of Article 2 of the Convention
84. The applicant complained under Article 2 of the Convention that her son had disappeared after having been detained by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation of the matter. Article 2 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. The parties' submissions
85. The Government contended that the domestic investigation had obtained no evidence to the effect that Bekkhan Alaudinov was dead or that any servicemen of the federal law-enforcement agencies had been involved in his kidnapping or alleged killing. The Government claimed that the investigation into the kidnapping of the applicant's son met the Convention requirement of effectiveness, as all measures envisaged in national law were being taken to identify the perpetrators.
86. The applicant argued that Bekkhan Alaudinov had been detained by State servicemen and should be presumed dead in the absence of any reliable news of him for several years. The applicant also argued that the investigation had not met the requirements of effectiveness and adequacy, as required by the Court's case-law on Article 2. The applicant pointed out that by 25 April 2008 the district prosecutor's office had not taken certain crucial investigative steps, such as identification of the servicemen who had manned the checkpoint in Urus-Martan, identification and questioning of the employees of the military commander's office, identification of the military vehicles which had been used in the abduction of Bekkhan Alaudinov and questioning of their drivers. The investigation into Bekkhan Alaudinov's kidnapping had been opened more than a month after the events and had then been suspended and resumed a number of times - thus delaying the taking of the most basic steps - and the applicant had not been properly informed of the most important investigative measures. The fact that the investigation had been pending for almost seven years without producing any tangible results was further proof of its ineffectiveness. The applicant invited the Court to draw conclusions from the Government's unjustified failure to submit the documents from the case file to her or to the Court.
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