fter that the intruders had demanded the keys of Isa Dokayev's VAZ-21099 car, which was parked in the yard. They had unsuccessfully tried to start the car. After that the armed men had taken Isa Dokayev, Isa Dubayev and Ruslan Askhabov away.
54. On an unspecified date the investigators questioned Isa Dokayev's neighbour, Mr A.Kh., who stated that on the night of 10 December 2002 he had been sleeping in his house, when at about 2 a.m. he had heard some noise, but had not paid attention to it. The next morning he had found out that a group of unidentified armed men had taken away his neighbour Isa Dokayev and two employees of the ROVD.
55. On unspecified dates the investigators questioned the colleagues of Ruslan Askhabov and Isa Dubayev, Mrs N.B., Mr S.D. and Mr B.K. Mrs N.B. stated that she had worked with Ruslan Askhabov from 2000 to December 2002. At the time of his abduction he was working at the passport and visa service of the ROVD; his colleagues rated him positively. The witness found out about his abduction from the colleagues. Witnesses Mr S.D. and Mr B.K. provided similar statements and stated that they had worked in the ROVD with Ruslan Askhabov and Isa Dubayev, and that the two men had been rated positively by their colleagues.
56. According to the Government, the investigation in criminal case No. 52158 had been suspended on several occasions owing to the failure to identify the perpetrators. The applicants or their relatives had been duly informed about the suspensions and the resumptions of the investigation. Although the authorities had failed to establish the whereabouts of the missing men or the perpetrators of their abduction, the investigation was still in progress.
57. The Government stated that "according to the information in our possession today, no special operations were conducted in Grozny, Chechnya, on 9 - 10 December 2002; representatives of the State did not detain Isa Dokayev, Ruslan Askhabov and Isa Dubayev".
58. The Government also submitted that on 30 March 2004 the Oktyabrskiy district court of Grozny had declared Isa Dokayev a missing person and on 16 August 2004 the same court had acknowledged the paternity of Isa Dokayev in respect of the fifth and sixth applicants.
59. Despite specific requests by the Court the Government did not disclose any documents from criminal case No. 52158. They 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 personal data concerning the witnesses or other participants in the criminal proceedings.
II. Relevant domestic law
60. 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 as to
non-exhaustion of domestic remedies
A. The parties' submissions
61. The Government contended that the application should be declared inadmissible for non-exhaustion of domestic remedies. They submitted that the investigation into the disappearance of Ruslan Askhabov, Isa Dubayev and Isa Dokayev 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, but that the applicants had not availed themselves of that remedy.
62. The applicants contested that objection. They stated that the criminal investigation had proved to be ineffective. Referring to 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 an
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