rmation of a military nature and personal data concerning the witnesses or other participants in the criminal proceedings.
II. Relevant domestic law
86. 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
87. The Government contended that the application should be declared inadmissible for non-exhaustion of domestic remedies, since the investigation into the abduction of Saydi Malsagov had not yet been completed. They also argued that it had been open to the applicants to challenge in court any actions or omissions by the investigating or other law-enforcement authorities during the investigation. They further pointed out that the present application had been lodged only seven months after Saydi Malsagov's kidnapping, which proved that the applicants unscrupulously ignored domestic remedies.
88. In their additional observations on the merits of the application of 13 May 2008 the Government asserted for the first time in the context of the alleged non-exhaustion of effective domestic remedies that the applicants had not brought an action for damages before civil courts.
89. The applicants disputed that objection. In their view, the fact that the investigation had been pending for more than six years with no tangible results proved that it was an ineffective remedy in this case. They further argued that in the Chechen Republic a court appeal against a decision of an investigator would be futile and the remedy referred to was illusory and ineffective.
B. The Court's assessment
90. The Court notes at the outset that the Russian legal system provides, in principle, two avenues of recourse for the victims of illegal and criminal acts attributable to the State or its agents, namely civil and criminal remedies (see Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, § 118, 24 February 2005).
91. As regards the civil domestic remedies allegedly available to the applicants, the Court points out that the Government raised an objection of non-exhaustion of such remedies in their additional observations on the merits of the case. The Court reiterates that objections of this kind should be raised before the admissibility of the application is considered (see, among other authorities, Nikolova v. Bulgaria [GC], No. 31195/96, § 44, ECHR 1999-II, and Alexov v. Bulgaria, No. 54578/00, § 152, 22 May 2008). However, the Government's objection was first raised on 13 May 2008, which is after the Court's decision declaring the application admissible (see paragraph 5 above). Therefore, there is estoppel.
92. As to the criminal domestic remedies, the Court took no decision about their exhaustion 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).
93. 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).
94. The Court further observes that an investigation into t
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