ourt observes that in previous cases it has already found this explanation insufficient to justify the withholding of key information requested by it (see, for example, Imakayeva v. Russia, No. 7615/02, § 123, ECHR 2006-... (extracts)). In view of the foregoing and bearing in mind the principles cited above, the Court finds that it can draw inferences from the Government's conduct in this respect.
60. It further considers that the applicant presented a coherent and consistent picture of her son's abduction on 10 April 2003. The applicant, an eyewitness to the events in question, stated that the perpetrators had acted in a manner similar to that of a security operation. In particular, they had arrived in a group during the early morning and had spoken Russian without an accent. Moreover, the applicant and her daughter - another eyewitness to the events under examination - consistently stated to the domestic authorities, as acknowledged by the Government, and before the Court, that the abductors had arrived in several vehicles (see paragraph 32 above). The Court further notes the applicant's arguments, none of them being disputed by the Government, that at the material time the area where her son had been apprehended had been under the control of the State, that the incident had taken place during the curfew and that the perpetrators must have passed through federal checkpoints blocking the road leading to and from the village of Goyty. In the Court's opinion, the fact that a group of armed men in camouflage uniforms, equipped with machine guns and several vehicles and able to move freely during the curfew and to take a person from his home in a town area presumably under the control of the federal forces strongly supports the applicant's allegation that they were State agents.
61. The Court observes that where the applicant makes out a prima facie case and the Court is prevented from reaching factual conclusions owing to the lack of crucial documents, it is for the Government to argue conclusively why the documents in question cannot serve to corroborate the allegations made by the applicant, or to provide a satisfactory and convincing explanation of how the events in question occurred. The burden of proof is thus shifted to the Government and if they fail in their arguments, issues will arise under Article 2 and/or Article 3 (see {Togcu} v. Turkey, No. 27601/95, § 95, 31 May 2005, and Akkum and Others v. Turkey, No. 21894/93, § 211, ECHR 2005-II).
62. Taking into account the above elements, the Court is satisfied that the applicant has made a prima facie case that her son was detained by State agents. The Government's statement that the investigation did not find any evidence to support the involvement of the special forces in the abduction is insufficient to discharge them from the above-mentioned burden of proof. The Court is also sceptical about the Government's assertion of the possible implication of some private individuals in the abduction of Mr Khanpasha Dzhabrailov, given that this allegation was not specific and was not supported by any materials. Drawing inferences from the Government's failure to submit any documents from the criminal investigation file which were in their exclusive possession or to provide another plausible explanation of the events in question, the Court finds it established that Mr Khanpasha Dzhabrailov was detained on 10 April 2003 by State agents.
63. The Court further notes that there has been no reliable news of the applicant's son since that date. His name has not been found in the official records of any detention facilities. The domestic investigation into Mr Khanpasha Dzhabrailov's disappearance, dragging on for over five years, has not made any meaningful findings regarding his fate. Lastly, the Government did not submit any explanation as to what had happened to him after he had been detained.
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