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A. Alleged ill-treatment of the applicant's son
80. In her observations the applicant indicated that she did not insist on a separate examination of this complaint.
81. The Government argued that the investigation had obtained no evidence that Mr Khanpasha Dzhabrailov had been subjected to treatment prohibited by Article 3 of the Convention.
82. The Court, having regard to Article 37 of the Convention, finds that the applicant does not intend to pursue this part of the application, within the meaning of Article 37 § 1 (a). The Court also finds no reasons of a general character, affecting respect for human rights, as defined in the Convention, which require the further examination of the present complaint by virtue of Article 37 § 1 of the Convention in fine (see, for example, Chojak v. Poland, No. 32220/96, Commission decision of 23 April 1998, unpublished; Singh and Others v. the United Kingdom (dec.), No. 30024/96, 26 September 2000; and Stamatios Karagiannis v. Greece, No. 27806/02, § 28, 10 February 2005).
83. It follows that this part of the application must be struck out in accordance with Article 37 § 1 (a) of the Convention.
B. Alleged mental suffering of the applicant
84. The applicant maintained her complaint, stating that she was Mr Khanpasha Dzhabrailov's mother, had witnessed him being abducted and had actively searched for him. She argued that the way the domestic authorities had treated her applications had amounted to treatment in breach of Article 3 of the Convention, given, in particular, that she had not received adequate information concerning the fate of her son or the course of the investigation into his disappearance.
85. The Government, whilst not denying that the abduction of the applicant's son must have caused considerable emotional distress to her, submitted that there was no causal link between the authorities' actions and the applicant's mental and emotional suffering, in the absence of any findings by the domestic investigation confirming the involvement of State agents in the aforementioned offence. According to them, the investigation had obtained no evidence that the applicant had been subjected to treatment prohibited by Article 3 of the Convention.
1. Admissibility
86. The Court notes that this part of the application is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
87. The Court observes that the question whether a member of the family of a "disappeared person" is a victim of treatment contrary to Article 3 will depend on the existence of special factors which give the suffering of the applicant a dimension and character distinct from the emotional distress which may be regarded as inevitably caused to relatives of a victim of a serious human rights violation. Relevant elements will include the proximity of the family tie, the particular circumstances of the relationship, the extent to which the family member witnessed the events in question, the involvement of the family member in the attempts to obtain information about the disappeared person and the way in which the authorities responded to those enquiries. The Court would further emphasise that the essence of such a violation does not mainly lie in the fact of the "disappearance" of the family member but rather concerns the authorities' reactions and attitudes to the situation when it is brought to their attention. It is especially in respect of the latter that a relative may claim directly to be a victim of the authorities' conduct (see Orhan, cited above, § 358, and Imakayeva, cited above, § 164).
88. On the facts, the Court observes
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