prevented from reaching factual conclusions owing to the lack of documents withheld by the Government, it is for the latter 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).
79. Taking into account the above elements, the Court is satisfied that the applicants have made a prima facie case that their family member was detained by State servicemen. 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. Drawing inferences from the Government's failure to submit the documents which were in their exclusive possession or to provide another plausible explanation for the events in question, the Court considers that Mr Magomed Dokuyev was apprehended on 14 February 2001 at his house in Novye Atagi by State servicemen during an unacknowledged security operation.
80. The Court has to decide further whether Mr Magomed Dokuyev may be presumed dead. It considers in this regard that no weight may be attached to Kh.'s alleged testimony, since, as pointed out by the Government, his identity had not been established and the information concerning his statement is confined to hearsay evidence. Nevertheless, other evidence available allows the Court to conclude that Mr Magomed Dokuyev must be presumed dead. In particular, it notes that there has been no reliable news of the applicants' relative since 14 February 2001. His name has not been found in any official records of detention facilities. Lastly, the Government did not submit any explanation as to what had happened to him after his apprehension.
81. Having regard to the previous cases concerning disappearances of people in Chechnya which have come before the Court (see, for example, Imakayeva, cited above, and Luluyev and Others v. Russia, No. 69480/01, ECHR 2006-...), the Court considers that, in the context of the conflict in the Chechen Republic, when a person is detained by unidentified servicemen without any subsequent acknowledgement of the detention, this can be regarded as life-threatening. The absence of Mr Magomed Dokuyev or any news of him for over seven years corroborates this assumption. Furthermore, the Government have failed to provide any explanation of Mr Magomed Dokuyev's disappearance and the official investigation into his abduction, dragging on for seven years, has produced no tangible results.
82. Accordingly, the Court finds it established that on 14 February 2001 Mr Magomed Dokuyev was apprehended by State servicemen and that he must be presumed dead following his unacknowledged detention.
(c) The State's compliance with Article 2
83. Article 2, which safeguards the right to life and sets out the circumstances in which deprivation of life may be justified, ranks as one of the most fundamental provisions in the Convention, to which no derogation is permitted. In the light of the importance of the protection afforded by Article 2, the Court must subject deprivation of life to the most careful scrutiny, taking into consideration not only the actions of State agents but also all the surrounding circumstances (see, among other authorities, McCann and Others v. the United Kingdom, judgment of 27 September 1995, §§ 146 - 147, Series A No. 324, and {Avsar}, cited above, § 391).
84. The Court has already found it established that the applicants' relative must be presumed dead following un
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